Back
2025 Supreme(Online)(Kar) 17910
HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23 RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.38522 OF 2011 (KLR-RES)
C/W WRIT PETITION NO.38527 OF 2011 (KLR-RR/SUR)
IN WP No. 38522/2011 BETWEEN:
1. SRI SYED AMAN S/O LATE SYED KHASIM SAB, SINCE DECEASED REP. BY LRS.
1(a). MUBEENA BANU W/O LATE SYED AMAN AGED ABOUT 61 YEARS
1(b). SYED MOHAMMED ZAIN S/O LATE SYED AMAN Digitally signed AGED ABOUT 34 YEARS by SHARMA ANAND CHAYA PETITIONERS NO.1(a) AND 1(b)
Location: HIGH COURT OF ARE R/AT NO.23/A KARNATAKA ANNAYAPPA 1 ST BLOCK
1 ST CROSS, J.C. NAGAR BENSON TOWN BENGALURU - 560 046.
1(c). S YED MOHAMMED SALAHUDDIN S/O LATE SYED AMAN AGED ABOUT 28 YEARS R/AT NO.23, KEB ROAD BENSON TOWN POST HC-KAR ANNAYAPPA BLOCK BENGALURU - 560 046.
2. SRI. SYED ARIF S/O LATE JABBAR AGED ABOUT 63 YEARS
3. SRI. SYED ASIF S/O LATE JABBAR AGED ABOUT 55 YEARS
4. SRI. SYED ABID S/O LATE JABBAR AGED ABOUT 53 YEARS
5. SMT. MUNEERA BEGUM W/O LATE JABBAR AGED ABOUT 75 YEARS ALL PETITIONERS ARE R/AT GANGENAHALLI VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK - 562 130.
....PETITIONERS (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI. SUBRAHMANYA KAUSHIK R.S., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT M S BUILDING, DR B R AMBEDKAR VEEDHI BANGALORE-560001.
HC-KAR
2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT K G ROAD BANGALORE-560009.
3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION K G ROAD BANGALORE-560009. 4. THE TAHSILDAR BANGALORE SOUTH TALUK K G ROAD BANGALORE-560009.
5. MUNIYAPPA S/O CHIKKAMUNISWAMAIAH AGED : MAJOR.
6. KARIYAPPA S/O JANGAMA BHOVI AGED : MAJOR.
7 . KOLUKAR KARIYAPPA S/O VENKATARAM BHOVI AGED : MAJOR. 8 . NAGARAJA S/O VEERAPPA AGED : MAJOR.
9 . VENKATAGIRIYAPPA S/O VENKATABHOVI AGED : MAJOR.
10 . JANGAMAIAH S/O BALAGURUVA BHOVI HC-KAR
11 . K. VENKATESHA S/O KRISHNAPPA AGED : MAJOR.
12 . SRINIVASA S/O GANGAPPA AGED : MAJOR.
13 . CHENNAMMA W/O GOPALA AGED : MAJOR.
14 . PEDDAGAIAH S/O DODDELA BHOVI AGED : MAJOR.
15 . VENKATAMMA W/O J. KARIYAPPA AGED : MAJOR. 16 . MARAKKA W/O CHIKKA VENKATAPPA AGED : MAJOR.
17 . HANUMAIAH S/O GURUVA BHOVI AGED : MAJOR.
18 . YELLAMMA W/O G CHIKKAKARIYAPPA AGED : MAJOR.
19 . ERAMMA W/O VENKATESHA
20 . NAGARAJA S/O CHOWDAPPA HC-KAR AGED : MAJOR.
21 . NARASIMHA MURTHY S/O DODDMUNISWAMAIAH AGED : MAJOR.
22 . VOMBAMMA W/O MARAPPA AGED : MAJOR.
23 . SANJEEVAIAH S/O MADAIAH AGED : MAJOR.
24 . MARE GOWDA S/O MUNI HANUMAIAH AGED : MAJOR. 25 . KEMPAIAH S/O MUNIYAAPPA AGED : MAJOR.
26 . KADARANARASAMMA W/O PUNJANARASAIAH AGED : MAJOR.
27 . HANUMA NARASAIAH S/O LATE NARASIKANTHAIAH AGED : MAJOR.
28 . AMIR JHAN S/O LATE BANSAH SAB AGED : MAJOR.
29 . SHIVAJI RAO S/O CHANDU RAO
30 . LAKSHMAMMA HC-KAR W/O MARE GOWDA AGED : MAJOR.
31 . CHOTIYAMMA W/O MEHBOOB AGED : MAJOR.
32 . KATHUMBI W/O LATE BASHA SAB AGED : MAJOR.
33 . ANJINAPPA S/O LATE PAPAIAH AGED : MAJOR. 34 . MUNIRAJU S/O MUDDAIAH AGED : MAJOR.
35 . MUNINARASAMMA W/O JINRANAGAIAH AGED : MAJOR.
36 . MUNIMARAIAH S/O DODDA HANUMAIAH AGED : MAJOR.
37 . NARASAIAH S/O NARASIMHAIAH AGED : MAJOR.
38 . KADIRANARASAIAH S/O DODDA MUNISWAMAIAH AGED : MAJOR. 39 . BYRAPPA S/O LATE ERAPPA HC-KAR
40 . CHIKKA CHENNAIAH S/O LATE CHIKKANNA AGED : MAJOR.
41 . CHOWDAIAH S/O LATE CHIKKANARASAIAH AGED : MAJOR.
42 . CHIKKANARASAIAH S/O LATE NARASIMHAIAH AGED : MAJOR.
43 . KRISHNAPPA S/O LATE NARASAPPA AGED : MAJOR. 44 . NAGAPPA W/O LATE NARASIMHAIAH AGED : MAJOR. 45 . MALLAIAH S/O LATE PUTTAIAH AGED : MAJOR.
46 . NARASIMHA MURTHY S/O K SIDDAMMA AGED : MAJOR.
47 . MUTTURAYAPPA S/O LATE KARIPODDAIAH AGED : MAJOR.
48 . MUDDURANGAIAH S/O LATE CHIKKARANGAIAH AGED : MAJOR. 49 . PAPANNA W/O LATE CHIKKA VEERANNA HC-KAR
50 . RANGAIAH S/O LATE CHIKKA HONNAIAH AGED : MAJOR.
51 . MUTTURAYAPPA S/O LATE GUNDAIAH AGED : MAJOR.
52 . GANAGAHANUMAIAH S/O HOMBAIAH AGED : MAJOR.
53 . MARIYAAPPA S/O LATE GUNDAIAH AGED : MAJOR. 54 . BASAMMA W/O RAMGAPPA AGED : MAJOR.
55 . CHIKKANNA S/O RANGAPPA AGED : MAJOR.
56 . L. NARAYANA SWAMY S/O LAKSHMINARASIMHAIAH AGED : MAJOR.
57 . RAMAKRISHNAPPA S/O REVANNA AGED : MAJOR.
58 . LAKSHMI NARASIMHAIAH S/O LATE NARASIMHAIAH AGED : MAJOR.
59 . GANGALAKSHMAMMA W/O LATE SIDDAPPA HC-KAR
60 . NARASIMHAIAH S/O CHENAPPA AGED : MAJOR. 61 . RAJANNA S/O NAGAPPA AGED : MAJOR.
62 . MARANARASAIAH S/O DODDAMUNISWAMAIAH AGED : MAJOR.
63 . NAGARAJU S/O PUTTAIAH AGED : MAJOR. 64 . REVANNA S/O SIDDAPPA AGED : MAJOR.
65 . BAKSHI S/O LATE BASHA SAB AGED : MAJOR.
66 . N. KRISHNAMURTHY S/O NARASIMHAIAH AGED : MAJOR.
67 . CHOWDAPPA S/O NARASIMHAIAH AGED : MAJOR.
68 . KEMPARAMAIAH S/O BAIRALINGAIAH AGED : MAJOR. 69 . KEMPAIAH S/O DODDAHANUMANTHAIAH HC-KAR
70 . VENKATACHALAIAH S/O LATE MUNIYAPPA AGED : MAJOR.
71 . MUNINARASAIAH S/O LATE NARASIMHAIAH AGED : MAJOR.
72 . LAKSHMAPPA S/O NAGAPPA AGED : MAJOR. 73 . MUNIRAJU S/O MUNIHANUMAIAH AGED : MAJOR.
74 . G R RENUKAPPA S/O REVANNA AGED : MAJOR.
75 . MUNIRAMA S/O DODDAIAH AGED : MAJOR.
76 . G N KRISHNAPPA S/O LATE NAGAPPA AGED : MAJOR.
77 . E YESURAJ S/O ERNOMIS AGED : MAJOR.
78 . SUBHADRA BAI W/O N RAJA AGED : MAJOR.
79 . MUNIYAMMA W/O LATE RANGAIAH HC-KAR
80 . G H RAMAIAH S/O HANUMAIAH AGED : MAJOR.
81 . VENKATASWAMAIAH S/O LATE NAGAPPA AGED : MAJOR.
82 . CHENNAMMA WO LATE PUTTARAJU AGED : MAJOR. 83 . SHIVANNA S/O LATE CHENNAPPA AGED : MAJOR.
84 . P. THIMMAIAH S/O PATTAIAH AGED : MAJOR.
85 . HANUMAIAH S/O HANUMANTHAIAH AGED : MAJOR.
86 . VENKATARAMAIAH S/O KADRAPPA AGED : MAJOR.
87 . VENKATAPPA S/O CHIKKAMUNIYAPPA AGED : MAJOR. 88 . ERNAMIS S/O ARALAPPA AGED : MAJOR. 89 . MARAIAH S/O MUNIYAPPA HC-KAR
90 . MUNIYAPPA S/O PUTTANARASAIAH AGED : MAJOR. 91 . MARAPPA S/O NARASIMHAIAH AGED : MAJOR.
92 . DODDAHONNAIAH S/O RANGAPPA AGED : MAJOR. 93 . SIDDAPPA S/O LATE CHIKKAVEERANNA AGED : MAJOR.
94 . B. CHANDRAPPA S/O BASAPPA AGED : MAJOR.
95 . B.N. LAKKAPPA S/O NANJAPPA AGED : MAJOR.
96 . K.L. NARAYANA GOWDA S/O LAKKANNA AGED : MAJOR. 97 . MARAKKA W/O UMAPATHY AGED : MAJOR. 98 . KASTURI W/O RAJAPPA AGED : MAJOR. 99 . DEVARAJU S/O LATE GIRI HC-KAR
100 . REVAIAH S/O LATE GURUVA BHOVI AGED : MAJOR.
101 . NAGARAJU S/O CHOWDAPPA AGED : MAJOR.
RESPONDENT NOS. 5 TO 101 ARE R/O GANGENAHALLI VILLAGE, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK - 562 130.
…RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4;
SRI. D.L. SURESH, ADVOCATE FOR R16, R18, R24, R28, R30, R39, R42, R44-R48, R50, R51, R53, R55, R56, R58, R62, R63, R69, R72, R73, R75, R83, R84, R86, R87, R92, R96 & R97;
V/O DATED 09.07.2025 NOTICE TO R5 TO R7, R9 TO R11, R13, R14, R17, R21 TO R23, R25, R26, R31, R35, R36, R38, R40, R41, R43, R49, R52, R57, R59, R60, R67, R71, R74, R76 TO R78, R80, R82, R85, R88, R90, R93, R95, R99 IS DISPENSED WITH;
V/O DATED 15.03.2016 THIS PETITION IS ABATED AGAINST R32;
R8, R12, R15, R19, R20, R27, R29, R33, R34, R37, R43, R54, R61, R64, R65, R66, R68, R70, R81, R89, R91, R94, R101 ARE SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDERS IN R.P.NO.6/2000-01 DATED HC-KAR
25.08.2003 AT ANNEXURE-U PASSED BY THE SECONS RESPONDENT AND CONSEQUENTLY SET ASIDE THE ORDER IN R.A.74/92-93 DATED 28.08.1997 PASSED BY THE 3 RD RESPONDENT AT ANNEXURE-S.
IN WP NO. 38527/2011 BETWEEN:
1. SRI. SYED AMAN S/O LATE SYED KHASIM SAB, SINCE DECEASED REP. BY LRS.
1(a). MUBEENA BANU W/O LATE SYED AMAN AGED ABOUT 61 YEARS
1(b). SYED MOHAMMED ZAIN S/O LATE SYED AMAN AGED ABOUT 34 YEARS PETITIONERS NO.1(a) AND 1(b)
ARE R/AT NO.23/A ANNAYAPPA 1 ST BLOCK 1 ST CROSS, J.C. NAGAR BENSON TOWN BENGALURU - 560 046.
1(c). SYED MOHAMMED SALAHUDDIN S/O LATE SYED AMAN AGED ABOUT 28 YEARS R/AT NO.23, KEB ROAD BENSON TOWN POST ANNAYAPPA BLOCK BENGALURU - 560 046.
HC-KAR
2. SRI. SYED ARIF S/O LATE JABBAR, AGED ABOUT 63 YEARS
3. SRI. SYED ASIF S/O LATE JABBAR, AGED ABOUT 55 YEARS
4. SRI. SYED ABID S/O LATE JABBAR, AGED ABOUT 53 YEARS 5. MUNEERA BEGUM W/O LATE JABBAR, AGED ABOUT 75 YEARS PETITIONERS NO.2 TO 5 ARE R/AT GANGEHALLI VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK-562130.
PETITIONERS (BY SRI. DHYAN CHINNAPPA, SENIOR ADVOCATE FOR SRI. SUBRAHMANYA KAUSHIK R.S., ADVOCATE)
AND
1 . THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT M S BUILDING, DR B R AMBEDKAR VEEDHI BANGALORE-560001.
HC-KAR
2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT K G ROAD BANGALORE-560009.
3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION K G ROAD BANGALORE-560009. 4. THE TAHSILDAR BANGALORE SOUTH TALUK K G ROAD BANGALORE-560009.
….RESPONDENTS (BY SRI. MANJUNATH K., HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDER IN RRT(2).CR.130/1995-96 DATED 12.01.2004 AT ANNEXURE-W PASSED BY THE SECOND RESPONDENT.
THESE WRIT PETITIONS HAVING BEEN RESERVED FOR ORDERS, COMING FOR PRONOUNCEMENT THIS DAY, E.S. INDIRESH J., MADE THE FOLLOWING:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH HC-KAR
Revenue authorities lack jurisdiction to overturn previous decisions without proper documentation or hearings, reinforcing the rule that land rights must be adjudicated through appropriate legal channels.
Headnote:(A) Karnataka Land Revenue Act, 1964 - Sections 136(2) and 136(3) - Inams Abolition Act, 1954 - Writ petitions challenging orders cancelling revenue entries in favor of land petitioners - Orders set aside based on delay and jurisdictional errors by revenue authorities - Revenue authorities cannot adjudicate title; must rely on land grant principles - Petitioners established their claim based on lawful purchase and previous rulings affirming the land's Inam status. (Paras 11, 12)
(B) Jurisdiction of Revenue Authorities - Revenue authorities lack jurisdiction to set aside orders of other acts without proper hearings, leading to excessive delays. (Paras 11, 12)
CAV ORDER
In Writ Petition No.38522 of 2011, petitioners are assailing the order dated 25.08.2003 (Annexure-U) passed in RP No.6 of 2000-01 by the respondent No.2, consequently, sought for setting aside the order dated 28.08.1997 (Annexure-S) passed in RA No.74 of 1992-93 by respondent No.3.
2. In Writ Petition No.38527 of 2011, petitioners are assailing the order dated 12.01.2004 (Annexure-W) passed in RRT.(2) CR No.130/1995-96 by the respondent No.2.
3. The brief facts for adjudication of writ petitions as averred by the petitioners are that, land bearing Survey No.130 of Gangenahalli Village, Tavarekere Hobli, Bengaluru South Taluk (erstwhile Magadi Taluk) was a Jodi Inam Land. It is averred in the writ petition that, one Sri. R.G. Shamanna, S/o Gundurao, made an application seeking occupancy rights and as such, the then Special Deputy Commissioner for Inams Abolition, rejected the claim made by the said applicant and thereafter, Appeal No.532, 533 and 534 of 1966 was filed before the Mysuru Revenue Appellate Tribunal and the Appellate Tribunal, by order dated 29.11.1966 (Annexure-B), allowed the appeal and remanded the matter to the Special Deputy Commissioner for Inams Abolition. It is also stated that the entry in Register No.VIII was effected in the name of R.G. Shamanna as per Annexure-A showing confermant of occupancy rights and Mutation Register in MR.9/68-69 and IL and RR at Sl.No.744 as per Annexures-C to E effected accordingly. Thereafter, the said R.G. Shamanna sold the entire extent of land in favour of D.V. Padmanabaiah through a registered Sale Deed and in turn the said D.V. Padmanabaiah sold in favour of Smt. Savitri Devi Memorial Trust. The revenue record is produced at Annexure-D and E. Subsequently, the petitioners have purchased the entire extent of land as per registered Sale Deeds dated 05.02.1981 and encumbrance certificate is produced at Annexure-F. Thereafter, the revenue records mutated in favour of the petitioners as per Annexures-N to R respectively. It is the grievance of the petitioners that the respondent Nos.5 to 101 (W.P.No.38522 of 2011) have no locus-standi and illegally claim to be in possession of the land in question and accordingly, these private respondents have filed RA No.74 of 92-93 before the respondent No.3. The respondent No.3, by order dated 28.08.1997 set-aside the mutation entries made in favour of the petitioners and same was challenged before this Court in Writ Petition No.27047 of 1997 and connected matters. This Court, by order dated 23.07.1999 directed the petitioners to approach the respondent No.2 under Section 136(3) of the Karnataka Land Revenue Act, 1964 (for short, hereinafter referred to as 'Act, 1964'). Pursuant to same, RP No.6 of 2000-01 filed before the respondent No.2, which came to be dismissed vide order dated 25.08.2003. Being aggrieved by the same, petitioners have preferred these writ petitions challenging the order dated 25.08.2003 in RP No.6 of 2000-01 (Annexure-U) passed by the respondent No.2 and order dated 28.08.1997 in RA No.74 of 1992-93 (Annexure-S) and order in RRT(2) CR.130/1995-96 dated 12.01.2004 at Annexure-W passed by respondent No.2.
4. I have heard Sri. Dhyan Chinnappa, learned Senior Counsel appearing on behalf learned counsel, Sri. Subramnya Kaushik R.S., for the petitioners in both the writ petitions; Sri. Manjunath K., learned High Court Government Pleader appearing for the respondent-State and Sri. D.L. Suresh, learned counsel appearing for private respondents in WP No.38522 of 2011.
5. Sri. Dhyan Chinnappa, learned Senior Counsel appearing for the petitioners invited the attention of the Court to the order of re-grant claimed by the petitioners, which came to be rejected by the competent Authority as per Annexure-A and thereafter, appeal preferred before the Mysore Revenue Appellate Tribunal, Bengaluru at Annexure-B, wherein, the Appellate Tribunal allowed the appeal and remanded matter to the respondent No.2 to conduct fresh enquiry.
