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2025 Supreme(Online)(Kar) 35091

THE HIGH COURT OF KARNATAKA
CHIEF JUSTICE AND C.M. POONACHA
SRI H P JAYASHANKAR – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent
WA 1061/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT APPEAL NO. 1061 OF 2024 (KLR-RES)

BETWEEN:

1. SRI H.P. JAYASHANKAR S/O LATE V. PUTTANNA SHETTY AGED ABOUT 75 YEARS

2. SRI H.P. SHANMUKAIAH S/O LATE V. PUTTANNA SHETTY AGED ABOUT 73 YEARS

3. SRI H.P. SHIVSHANKAR PRAKASH S/O LATE V. PUTTANNA SHETTY AGED ABOUT 70 YEARS

4. SRI H.P.NAGABHUSHAN S/O LATE V. PUTTANNA SHETTY Digitally AGED ABOUT 68 YEARS signed by AMBIKA H B

5. SRI H.P. PUNYESHAIAH Location:

S/O LATE V. PUTTANNA SHETTY High Court of Karnataka AGED ABOUT 65 YEARS ALL APPELLANTS ARE RESIDING AT HUSKUR MAIN ROAD NEAR BASAVESHWARA TEMPLE HUSKURU VILLAGE, HUSKURU POST SARJAPURA HOBLI, ANEKAL TALUK BANGALORE URBAN DISTRICT BANGALORE - 560 099 …APPELLANTS (BY SRI ANANTH KUMAR C., ADVOCATE)

*Vide Court order dated 26.11.2025, page No.1 has been retyped & replaced AND:

1. THE DEPUTY COMMISSIONER BANGALORE SOUTH SUB-DIVISION BANGALORE URBAN DISTRICT K.G.ROAD, BANGALORE - 560 009

2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION BANGALORE URBAN DISTRICT KHANDAYA BHAVAN K.G. ROAD BANGALORE - 560 009

3. THE TAHASILDHAR ANEKAL TALUK ANEKAL - 562 106

4. SMT. SUMA W/O LATE H.S. UMESH AGED ABOUT 55 YEARS

5. SRI THEJESH S/O LATE H.S. UMESH AGED ABOUT 33 YEARS

6. SRI. JAYANTH S/O LATE H.S. UMESH AGED ABOUT 31 YEARS

7. SRI. BHUSHAN S/O LATE V. SOMANNA AGED ABOUT 60 YEARS

8. SRI. VIRUPAKSHA S/O LATE V. SOMANNA AGED ABOUT 60 YEARS

9. SRI MANJUNATH S/O LATE V SOMANNA AGED ABOUT 50 YEARS RESPONDENTS No.3 TO 8 ARE RESIDING AT NO.168/1 BEHIND MILK DAIRY HOSKUR VILLAGE AND POST SARJAPURA HOBLI ANEKAL TALUK BANGALORE URBAN DISTRICT BANGALORE - 560 099

10. SMT. CHANDRAKALA D/O LATE SOMMANNA AGED ABOUT 58 YEARS R/AT NO.176/6 SHANKAR NAG ROAD BEHIND KEB ANEKAL TOWN AND TALUK BANGALORE URBAN DISTRICT BANGALORE - 562 106 …RESPONDENTS (SRI K.S. HARISH, GOVERNMENT ADVOCATE FOR R-1 TO 3 SRI GANAPTHI BHAT VAJRALLI, ADVOCATE FOR C/R No.4 TO 10)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN W.P. No.5853/2024 DATED 21.06.2024 BY ALLOWING THIS WRIT APPEAL.

THIS APPEAL, COMING ON FOR HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA

ORAL JUDGMENT

(PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE)

1. The appellants have filed the present appeal impugning an order dated 21.06.2024 passed by the learned Single Judge of this Court in Writ Petition No.5853/2024 (KLR-RES), whereby the said writ petition was allowed and the order dated 09.02.2024 passed by respondent No.1 (the Deputy Commissioner) in Revision Petition No.236/2023 was set aside. Respondent Nos.4 to 10 had filed the said writ petition challenging the cancellation of the revenue entries.

2. The dispute essentially relates to the entries made in the Record of Rights in respect of property measuring 2 acres and 39 guntas falling in Survey No.16/7 situated at Harohalli Village, Sarjapura Hobli, Anekal Taluk, Bengaluru Urban District [subject property]. The same also included 1 acre and 2 guntas of kharab land. It is stated that the subject property originally belonged to Sri V. Puttanna Shetty and he had acquired the same by virtue of a registered Sale Deed dated 20.07.1949. The copy of the said deed has been placed on record and there is no dispute that the subject property was conveyed to him. After the demise of Sri Puttanna Shetty, the land was mutated in the name of Sri V.Chandranna son of Veeranna. The said change in the entry was subject matter of challenge in an appeal bearing No.RA 413/1969-70, which was preferred by Smt.Vanajakshamma, widow of Late Sri Puttanna Shetty. She claimed that the subject land was required to be mutated in her name as the widow of the right holder. However, the same had been changed on the basis of consent letter by forg

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