Karnataka High Court
Sri. Munikempaiah vs The State Of Karnataka on 9 April, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2025:KHC:15249
WP No. 16829 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 16829 OF 2023 (KLR-RES)
BETWEEN:
1. SRI. MUNIKEMPAIAH
S/O SRI PATALAPPA
AGED ABOUT 65 YEARS
RESIDING AT ITKALPURA VILLAGE
HESARAGHATTA HOBLI,
BANGALORE NORTH TALUK
BANGALORE-560 064.
SINCE DEAD BY LRs
1(A) SMT. KAVITHA .N
W/O LATE MOHAN KUMAR AND
D/IN LAW OF LATE MUNIKEMPAIAH
AGED ABOUT 28 YEARS
Digitally 1(B) SMT. SUPRIYA .M
signed by
KIRAN
D/O LATE MUNIKEMPAIAH
KUMAR R W/O SRI. SRINIVASAIAH .M.K
Location:
HIGH AGED ABOUT 33 YEARS
COURT OF
KARNATAKA
BOTH ARE R/AT ITAGALPURA VILLAGE
HESARAGHATTA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 064.
[CAUSE TITLE AMENDED V/O/D 06.06.2024]
...PETITIONERS
(BY SRI. M. SREENIVASA, ADVOCATE)
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NC: 2025:KHC:15249
WP No. 16829 of 2023
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, VIDHANA SOUDHA
DR B.R. AMBEDKAR VEEDHI
BANGALORE-560 001.
REP BY ITS SECRETARY
2. THE SPECIAL DEPUTY COMMISSIONER
BEHIND KANDAYA BHAVAN
D.C. OFFICE COMPOUND
K G ROAD, BANGALORE-560 009.
3. THE TAHASILDAR
MINI VIDHANA SOUDHA
YELAHANKA
BANGALORE NORTH TALUK
BANGALORE - 560 064.
4. SRI. RAMAKRISHNAPPA
S/O LATE MUNISWAMAPPA
AGED ABOUT 71 YEARS
RESIDING AT ITKALPURA VILLAGE
HESARAGHATTA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 064.
5. SRI. ANJANAPPA
S/O LATE SUBBAIAH @ SUBBANNA
AGED ABOUT 58 YEARS
RESIDING AT ITKALPURA VILLAGE
HESARAGHATTA HOBLI
BANGALORE NORTH TALUK
BANGALORE-560 064.
...RESPONDENTS
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3;
SRI. A. BALAKRISHNA, ADVOCATE FOR R4;
SRI. UMESH MOOLIMANI, ADVOCATE FOR R5)
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NC: 2025:KHC:15249
WP No. 16829 of 2023
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE R2 WHICH ULTIMATELY RESULTED IN
PASSING THE IMPUGNED ORDER ANNEXURE-A DATED
25.06.2005 AND ANNEXURE-B DATED 15.07.2000 MADE IN
REVN.PETN.94/1999-2000, CORRECTING THE NAME OF THE
VILLAGE AS CHOKKANAHALLI PASSED BY THE R2 THE SPECIAL
DEPUTY COMMISSIONER, BANGALORE, QUASH THE
CORRIGENDUM/ CORRECTION ORDER ANNEXURE-A DATED
25.06.2005 MADE IN REVN.PETN.94/1999-2000 PASSED BY
THE R2 - THE SPECIAL DEPUTY COMMISSIONER, BANGALORE,
PURPORTED TO HAVE BEEN CORRECTED THE NAME OF THE
VILLAGE, ITTAGALPURA AS CHOKKANAHALLI, THEREBY THE
HIDUVALI LAND BECOMES GOVT. LAND AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. An order of mutation made in Inheritance proceedings i.e., IHC.14/1983-84 was challenged by Ramakrishnappa - respondent No.4 herein.
2. The Deputy Commissioner has entertained this Revision and by the impugned order dated -4- NC: 2025:KHC:15249 WP No. 16829 of 2023 15.07.2000 has set aside the order passed in IHC.14/1983-84 which was passed on 23.12.1983.
3. In other words, at the instance of the petitioner, an order of mutation which was subsisting since 1983 has been set aside in the year 2000.
4. It is not in dispute that the katha was, in fact, standing in the name of Patalappa, the father of petitioner herein. If the katha of the property was standing in the name of Patalappa, obviously on his death, the entries will have to be mutated in favour of his successors. All that the revenue authorities had done on IHC.No.14/1983-84 to enter the name of the successors in the revenue records in the place of Patalappa.
5. In my view, this order could not have been challenged by respondent No.4, who admittedly does not have any right over the said land and was, in fact, making a claim for grant of this particular land. -5-
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6. As already stated above, since the katha was standing in the name of Patalappa, the entry made in favour of his successors cannot be annulled so long as the entry in favour of Patalappa was not challenged. As a result, the impugned orders Annexures-A and B cannot be sustained and the same are quashed.
7. However, it is noticed that the Deputy Commissioner has made observations that the revenue records in respect of the land in question belongs to the Government. Notwithstanding this order, it would be open to the Deputy Commissioner to pass orders under Section 136(3) of the Karnataka Land Revenue Act, 1964, to examine whether the land in question belongs to the Government and the entries have been wrongly made, if he is so advised. Subject to the above, Writ Petition is, accordingly, disposed of. -6-
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8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
SD/-
(N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 28