IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12^TH DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

WRIT PETITION NO. 11172 OF 2018 (KLR-RR/SUR)

BETWEEN:

SRI HANUMANTHAPPA,

S/O. LATE. CHIKKANNAPPA

ALIAS CHIKKANNA,

AGED ABOUT 80 YEARS,

AGRICULTURIST,

R/AT THIPPAPURA VILLAGE,

KASABA HOBLI, DODDABALLALPUR

TALUK-561 203, BANGALORE RURAL DISTRICT,

CELL NO. 84949 80320

…PETITIONER

(BY SRI KHADRI S A, ADVOCATE)

AND:

1. THE DEPUTY COMMISSIONER,

BANGALORE RURAL DISTRICT,

VISHWESHRAIAH TOWER,

Digitally signed

by NANDINI R VIDHANAVEEDHI ROAD,

Location: BANGALORE 560 001.

HIGH COURT

OF

KARNATAKA 2. THE ASSISTANT COMMISSIONER,

DODDABALLAPUR SUB DIVISION,

DODDABALLAPUR-561 203.

3. THE TAHASILDAR,

DODDABALLAPUR TALUK,

DODDABALLAPUR-561 203.

4. SRI MUTHAPPA,

S/O. LATE HANUMAIAH,

AGED ABOUT 70 YEARS, AGRICULTURIST.

5. SRI H RAJANNA, S/O. HANUMANTHAPPA, AGED ABOUT 45 YEARS. RESPONDENT NO.4 & 5 R/AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK 561 203.

BANGALORE RURAL DISTRICT.

6. T.R VENKATESH, S/O DODDARANGAPPA, AGED ABOUT 36 YEARS, R/OF THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK, BENGALURU RURAL DISTRICT.

AMENDMENT CARRIED OUT AS PER THE ORDER DATED 12.11.2025.

…RESPONDENTS (BY SRI NEELAKANTAPPA K PUJAR, HCGP FOR R-1-3 [PH];

SRI H.V MANJUNATHA, ADVOCATE FOR R-4 [PH];

SMT. J KALADEEPA, ADVOCATE FOR SRI G.S PATEEL, ADVOCATE FOR R-6/IMPLEADING APPLICANT [PH] V/O DATED 12.11.2025)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO-QUASH THE IMPUGNED ORDER PASSED BY R-1 AT ANNEXURE-A, ON 22.03.2017, PASSED IN REVISION PETITION NO.57/2014-15, DIRECTING THE R-3 TO REGISTER THE KHATHA IN RESPECT OF SCHEDULE PROPERTY, IN TO THE NAME OF R-4 IN RESPECT OF LAND BEARING SY.NO.63, MEASURING 1 ACRE 3 GUNTAS, SITUATED AT THIPPAPURA VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK ETC.

THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

In this writ petition, the petitioner is assailing the order passed in RP.No.57/2014-15 dated 22.03.2017 by respondent No.1-Deputy Commissioner, whereby respondent No.1 directed respondent No.3-Tahsildar to effect mutation/khata of land bearing Sy.No.63 measuring 1 acre 03 guntas situated at Thippapura Village, Kasaba Hobli, Doddaballapur Taluk (hereinafter referred to as 'subject land') in the name of respondent No.4.

2. The grievance of the petitioner is that he is the absolute owner in possession and enjoyment of the subject land and he was growing Ragi and Maize crops in the said property since 45 years. In pursuance of the impugned order passed by respondent No.1, respondent No.4 is making an attempt to dispossess the petitioner and also to alienate the subject land. Hence, he filed this writ petition.

3. It is contended by the learned counsel for the contesting respondents that the petitioner was not a party before the Deputy Commissioner. The subject land was belonging to one Muthappa and he was in possession of the said land and later, khata of the said property was mutated in the name of respondent No.5 in IHC.No.48/94- 95 and MR.No.7/1998-99. Against which, the petitioner filed an appeal before the Assistant Commissioner. However, the same was dismissed vide order dated 20.02.2014. Against the said order, respondent No.5 filed a revision before the Deputy Commissioner and the Deputy Commissioner allowed the revision petition. The said order has been challenged by the petitioner, who is a total stranger in respect of the subject land.

4. Learned counsel for the respondents produced copy of the plaint which depicts that the petitioner filed a suit against respondent No.4 in OS.No.103/2019 before the Senior Civil Judge at Doddaballapura for the relief of declaration and consequential injunction in respect of the subject land. Further, the contention of the petitioner that he is in absolute possession and enjoyment of the subject land and khata stands in his name is not supported by any documents.

5. Respondent No.6