IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11^TH DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

WRIT PETITION NO. 38460 OF 2016 (KLR-RR/SUR)

BETWEEN:

1. SMT PILLAMMA

W/O LATE B MUNISHAMAPPA,

AGED ABOUT 65 YEARS,

RESIDING AT NO.735, 3^RD CROSS,

23^RD WARD, CHAMARAJPET,

CHICKBALLAPURA TOWN,

CHICKBALLAPURA TALUK AND DISTRICT

PIN:562 101

SRI LAKSHMAIAH

S/O LATE B MUNISHAMAPPA,

SINCE DEAD BY HIS LRS,

2(A) SMT ANITHA,

Digitally signed W/O LATE LAKSHMAIAH,

by PANKAJA S

AGED ABOUT 37 YEARS,

Location: HIGH

COURT OF

KARNATAKA 3(B) KUM NANDINI L

D/O LATE LAKSHMAIAH, AGED ABOUT 19 YEARS,

4(C) KUM KUSUMA L

D/O LATE LAKSHMAIAH, AGED ABOUT 15 YEARS,

SINCE MINOR REPRESENTED BY HER

MOTHER AND NATURAL GUARDIAN

PETITONER NO.2 (A)

PETITIONERS 2(A) TO (C) ARE RESIDING

AT NO.735, 3^RD CROSS, 23^RD WARD, CHAMARAJPET, CHICKBALLAPURA TOWN, CHICKBALLAPURA TALUK AND DISTRICT PIN:562 101 …PETITIONERS (BY SRI. N SONNE GOWDA, ADVOCATE FOR SRI. K.N. PRAVEEN KUMAR, ADVOCATE AND SRI. PRABHU K.M, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S.BUILDING, DR AMBEDKAR VEEDHI, BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY, 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, SIR M VISVESWARAYA TOWER, PHODIUM BLOCK, DR. AMBEDKAR VEEDHI, BANGALORE-560 001

3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA, BENGALURU RURAL DISTRICT, PIN:561 203

4. THE TAHSILDAR DEVENAHALLI TALUK, DEVANAHALLI, BENGALURU RURAL DISTRICT PIN:562 110

5. RAJANNA S/O LATE MUNIYAPPA, AGED ABOUT 55 YEARS, RESIDENT OF GOBBARAGUNTE VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT, PIN:562 164 …RESPONDENTS (BY SRI. RAHUL CARIAPPA K.S, ADVOCATE FOR R1 TO R4, SRI. S.N. KRISHNA MURTHY, ADVOCATE FOR R5)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, ENDING WITH THE IMPUGNED ORDER DTD.26.4.2016 PASSED IN THE R.P.NO.72/2009-10 BY THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT, BENGALURU VIDE ANNEX-Q.

THIS PETITION HAVING BEEN RESERVED FOR ORDERS ON 08.12.2025 COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

CAV ORDER

1. The petitioners in this writ petition have sought for a writ of certiorari to quash the order dated 28.08.2009 passed by respondent No.3 - Assistant Commissioner vide Annexure-'M' and order dated 26.04.2016 passed by respondent No.2 -

Deputy Commissioner vide Annexure-'Q'.

2. The grievance of the petitioners is that, one Chikkamunishamappa (grand father of the respondent No.5) is the original owner of land bearing Sy.No.60/1, measuring an extent of 1 acre 17 guntas situated at Avathi Village, Kasaba Hobli, Devanahalli Taluk (for brevity, "Subject land"). The said Chikkamunishamappa had two sons namely Muneppa @ Muniyappa (father of the respondent No.5) and Narayanappa. After demise of their father Chikkamunishamappa, the said Muneppa @ Muniyappa and Narayanappa have partitioned their family properties along with the subject land. In the said partition, subject land had fallen to the share of Muniyappa.

3. Thereafter, in the year 1965, Muniyappa sold the subject land in favour of one B. Munishamappa (father of petitioner Nos.1 and 2) by virtue of Sale Deed dated 01.11.1965 and thereby the mutation was effected in M.R. No. 10/1996-97 and katha was transferred in the name of B.Munishamappa. As such, he along with his family members were in possession and enjoyment of the subject land. Further, his name was reflected in RTC till 2001-02.

4. Subsequently, the Government has newly introduced computerized RTC and Mutations etc. In the computerized RTC of the subject land, the name of B.Munishamappa has wrongly been mentioned as Muneppa @ Muniyappa i.e. the father respondent No.5. As such, the petitioners have filed an application to correct the name in the RTC extracts. Thereafter, the Assistant Commissioner has passed order dated 10.04.2007 and directed the Tahsildar to show the name of B.Munishamappa. On the basis