IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 57338 OF 2016 (KLR-RES)

BETWEEN:

SRI. S. BHARATH S/O. S. VIDYASAGAR, AGED ABOUT 31 YEARS, RESIDING AT NO.81/41, 14^TH CROSS, 15^TH MAIN ROAD, PADMANABHANAGARA, BANGALORE-560 070.

…PETITIONER (BY SRI. T SESHAGIRI RAO, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, SIR M VISWESHWARAIAH TOWER, Digitally signed by PANKAJA S PODIUM BLOCK, AMBEDKAR VEEDHI, Location: HIGH BANGALORE-560 001.

COURT OF KARNATAKA

2. THE ASSISTANT DIRECTOR OF LAND RECORDS D.C. OFFICE, BANGALORE RURAL DISTRICT, BANGALORE-560 001.

3. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI, BANGALORE RURAL DISTRICT.

4. SMT. MUNITHIMMAKKA W/O. LATE MUNIYAPPA, AGED ABOUT 67 YEARS, 5. SRI. NAGARAJA S/O. LATE MUNIYAPPA, AGED ABOUT 47 YEARS, 6. SRI. MANJUNATHA S/O. LATE MUNIYAPPA, AGED ABOUT 45 YEARS, RESPONDENTS 3 TO 6 ARE RESIDING AT RAMANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.

7. SRI. KRISHNAPPA S/O. MUNISHAMAPPA, AGED ABOUT 59 YEARS, GADIGAVARAHALLI VILLAGE, GOLLAHALLI POST, CHILAKALANERPU HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA DISTRICT-563 123.

…RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1-3, SRI. BYREGOWDA N. ADVOCATE FOR R4-6, R7-SERVED, UNREPRESENTED)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OF THE ORDER DTD.28.3.2013 ONE PASSED BY THE R-2 VIDE ANNEX- K TO THE W.P. WHICH WAS AFFIRMED BY THE R-1 DTD.27.9.2016 IN G.R.P.NO.19/2013-14 VIDE ANNEX-L.

THIS PETITION HAVING BEEN RESERVED FOR ORDERS ON 10.11.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

CAV ORDER

1. The petitioner in this writ petition is seeking a writ of certiorari to quash the order dated 28.03.2013 passed in Appeal Nos.9/2012-13 and 47/2012-13 by respondent No.2 - Assistant Director of Land Records (ADLR) vide Annexure-K, which was affirmed by respondent No.1 - Deputy Commissioner in G.R.P.No.19/2013-14 dated 27.09.2016 vide Annexure-L.

2. The grievance of the petitioner is that he is the owner of land bearing Sy.No.150 (old Sy.No.63/P51) measuring 1 acre 20 guntas and land bearing Sy.No.152 (old Sy.No.63/P51) measuring 1 acre 17 guntas, situated at Jonnahalli village, Chennarayapatna Hobli, Devanahalli Taluk, Bangalore Rural District (for brevity, "subject lands") by virtue of two separate registered Sale Deeds, both dated 08.07.2014 executed by respondent No.7 - Krishnappa in his favour. During the pendency of a Revision Petition in R.P No.19/2013-14 filed by respondent No.7 against respondent Nos. 2 to 6 herein before the Deputy Commissioner, the subject lands were purchased by the petitioner. In the said Revision Petition, respondent No.7 had challenged the order dated 28.03.2013 passed by the ADLR, wherein the ADLR has allowed the appeal filed by respondent Nos.4 to 6 and set aside the hissa, phodi and durasth conducted in Sy.No.63 of Jonnahalli Village, Devanahalli Taluk by respondent No.3 -Tahsildar dated 08.07.2007 and 09.07.2007 assigning resurvey Nos.150 and 152 for the lands of respondent No.7. The Deputy Commissioner has rejected said revision petition confirming the order of the ADLR.

3. The petitioner having purchased the subject lands from respondent No.7, filed this writ petition challenging the order passed by the Deputy Commissioner as aforesaid.

4. Heard Sri T.Seshagiri Rao, learned counsel for the petitioner, Sri Neelakantappa K.Pujar, learned HCGP for respondents 1 to 3 and Sri Byregowda N., learned counsel for respondent Nos.4 to 6.

5. The primary contention of the learned counsel for the petitioner is that respondent No.3 - Tahsildar conducted the hissa, phodi and durasth of subject lands after issuing notice to all the hissadhars including Muniyappa i.e., husband of respondent No.4 and father of respondent Nos.5 and 6 and thereafter assigned re-survey Nos.15