IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16^TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MRS JUSTICE ANU SIVARAMAN AND THE HON'BLE MR JUSTICE RAJESH RAI K WRIT APPEAL NO. 1263 OF 2022 BETWEEN MR. ARUN H.R AGED ABOUT 59 YEARS, S/O RAJA REDDY RESIDING AT:

#455, HIG COLONY, 7^TH CROSS, BANGALORE NORTH REPRESENTED BY GPA HOLDER MR. YESWANTH P REDDY AGED ABOUT 48 YEARS, S/O LATE PRABHAKAR REDDY RESIDING AT:

#1067, 11^TH MAIN, HAL IIND STAGE BENGALURU-560 008 .

...APPELLANT (BY SRI. M.T. NANAIAH, SENIOR COUNSEL FOR SRI. ARAVIND BASAPPA REDDY, ADVOCATE)

AND

1 . S JAGADEESH AGED ABOUT 59 YEARS, 2 . S GURUPRASAD AGED ABOUT 58 YEARS, BOTH SONS OF LATE SANJEEVAPPA, RESIDING AT #7, 7^TH CROSS, ASHRAYA LAYOUT, TAMBU CHETTYPALYA, BENGALORE-560036.

3 . THE DEPUTY COMMISSIONER BENGALURU CITY DISTRICT, BENGALURU-560 001.

4 . THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, BENGALURU-560 001.

…RESPONDENTS (BY SRI. R CHANDRANNA, ADVOCATE FOR R1 & R2, SMT. MAMATHA SHETTY, AGA FOR R3 & R4)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA ACT PRAYING TO SET ASIDE THE ORDER DATED 15/11/2022 PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.6304/2019 AND TO CONSEQUENTLY DISMISS THE WRIT PETITION.

THIS APPEAL HAVING BEEN RESERVED FOR JUDGMENT COMING ON FOR PRONOUNCEMENT THIS DAY, RAJESH RAI K, J., DELIVERED THE FOLLOWING:

CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN and HON'BLE MR JUSTICE RAJESH RAI K

CAV JUDGMENT

(PER: HON'BLE MR JUSTICE RAJESH RAI K)

This intra Court appeal is filed by the appellant challenging the order dated 15.11.2022 passed by the learned Single Judge in W.P.No.6304/2019, whereby the learned Single Judge allowed the writ petition by quashing the order dated 27.04.2018 passed in R.P.No.109/2014 by respondent No.3.

2. The abridged facts of the case are as follows:

The immovable property bearing Sy.No.77/1 of Adigondanahalli Village, Attibele Hobli, Anekal Taluk, Bangalore District measuring an extent of 3 acre 16 guntas (including 4 guntas kharab) was collectively owned by respondents No.1 and 2. Out of the same, an extent of 9 guntas was used in road formation. The remaining 3 acres 3 guntas of land bearing Sy.No.77/1 was sold to one Smt. Shanta Mary by way of a registered Sale Deed dated 17.09.1992 vide document No.1685/1992-93. Accordingly, all revenue entries were mutated in the name of Smt. Shanta Mary. However, RTC entries for the entire extent of 3 acre 12 guntas excluding 4 guntas kharab were transferred in the name of Smt. Shanta Mary. After a lapse of 20 years of alienation, on 30.09.2013, the respondents No.1 and 2 (the original owners i.e., vendors of Smt. Shanta Mary) made an application to respondent No.4 seeking to change the RTC entries with respect to 9 guntas of land in their names.

3. Based on the said application filed by respondents No.1 and 2, respondent No.4 issued a letter dated 03.02.2014 to the Tahsildar directing him to conduct an enquiry and to follow the procedure stipulated in Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. However, the Tahsildar by relying on the letter of respondent No.4, entered the names of respondents No.1 and 2 in the RTC vide MR No.H16/2013-2014. Against these entries, Smt. Shanta Mary preferred a revision in R.P.No.109/2014 before respondent No.3, who after collectively hearing all the parties set- aside the mutation entries made in MR No.H16/2013-2014 dated 07.03.2014 and directed the RTC entries to be restored in the name of Smt. Shanta Mary. Aggrieved by the said order, respondents No.1 and 2 filed a writ petition in W.P.No.6304/2019 before the learned Single Judge of this Court. During the pendency of the writ petition, Smt. Shanta Mary expired on 25.05.2020 and her legal heirs alienated the said property bearing Sy.No.77/1 of Adigondanahalli Village, Attibele Hobli, Anekal Taluk, Bangalore District measuring an extent of 3 acre 3 guntas in favour of the appellant by way of a registered Sale Deed dated 20.12.2021 vide document No.ABL-1-07488-2021-22