HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 46427 OF 2016 (KLR-LG)

C/W WRIT PETITION NO. 46431 OF 2016 (KLR-RES)

IN WP No. 46427/2016 BETWEEN:

SRI H SHRINIVAS S/O LATE SHREENIVAS @

HANUMANTHAPPA AVALAHALLI, AGED ABOUT 57 YEARS, OCCUPATION:AGRICULTURE, R/AT NO.93, ABHAYA ANJANEYA DEVASTHANAM TEMPLE ROAD, AVALAHALLI LAYOUT, MYSORE ROAD, BENGALURU-560026 Digitally signed …PETITIONER by JUANITA (BY SRI. MAHADESHWARAN C N., ADVOCATE)

THEJESWINI Location: HIGH COURT OF AND:

KARNATAKA

1. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU-560001. 2. THE TAHSILDAR BENGALURU EAST TALUK, BENGALURU-560001.

3. THE DIRECTOR INSTITUTE OF NEPHRO UROLOGY, HC-KAR VICTORIA HOSPITAL PREMISES, BENGALURU-560002.

4. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S.BUILDING ANNEXE, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001.

…RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1, R2 & R4 SRI. K.M.PRAKASH., ADVOCATE FOR R3 SRI.G.N.JANARDHAN., ADVOCATE FOR IMPLEADING APPLICANTS)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.423/2008 AND ALSO RECORDS PERTAINING TO OM 28.4.2008 ON THE FILE OF DEPUTY COMMISSIONER AND THE FILES RELATING TO GRANT DTD.19.8.1962 GRANTING 4 ACRES IN SY.NO.280 OF GUNJUR VILLAGE ON THE FILE OF DEPUTY COMMISSIONER AND PERUSE THEM AND SET ASIDE AND THE JUDGMENT AND ORDER VIDE ANNEX-A DTD.11.3.2016 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL AND ETC.

IN WP NO. 46431/2016 BETWEEN:

SRI. VENKATASWAMY S/O LATE VENKATASWAMY @ THIMMAIAH, AGED ABOUT 60 YEARS, OCCUPATION: AGRICULTURE, R/A NO.60/3, ANCHEPANTHARAPALYA NAYANDHALLI, BANGALORE-560 039.

...PETITIONER (BY SRI. MAHADESHWARAN C N., ADVOCATE)

HC-KAR AND:

1. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BENGALURU-560 001.

2. THE TAHSILDAR BENGALURU EAST TALUK, BENGALURU.

3. THE DIRECTOR INSTITUTE OF NEPHRO UROLOGY, VICTORIA HOSPITAL PREMISES, BENGALURU-560 002.

4. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF KARNATAKA, M.S. BUILDING ANNEXE, DR. B.R. AMBEDKAR VEEDHI, BANGALORE-560 001.

...RESPONDENTS (BY SRI.V.SESHU., HCGP FOR R1, R2 & R4 SRI. K.M.PRAKASH., ADVOCATE FOR R3)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &

227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL IN APPEAL NO.423/2008 AND ALSO RECORDS PERTAINING TO OM 28.4.2008 ON THE FILE OF DEPUTY COMMISSIONER AND THE FILES RELATING TO GRANT DTD 19.08.1962 GRANTING 4 ACRES IN SY NO.280 OF GUNJUR VILLAGE IN NO.M2.DD.33/1957-58 ON THE FILE OF DEPUTY COMMISSIONER AND ETC.

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

HC-KAR CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

At the oral request of the learned Counsel for the petitioners, the description of the 1^st respondent in the cause list is permitted to be corrected as ‘The Deputy Commissioner, Bengaluru Urban District, Bengaluru’, in both the petitions, forthwith.

2. Both these writ petitioners are aggrieved of the impugned order passed by the Karnataka Appellate Tribunal dated 11.03.2016, in Appeal No.423/2008 at Annexure-A and the Official Memorandum dated 28.04.2008 issued by the respondent-Deputy Commissioner, Bengaluru Urban District at Annexure-B.

3. Learned Counsel for the petitioners submits that the fathers of both the petitioners by name late Sri.Srinivasa and late Sri.Venkataswamy were granted 2.00 Acres and 4.00 Acres of land respectively in Sy.No.280 of Gunjuru village, Varthur Hobli, Bengaluru HC-KAR East Taluk in the year 1962. Pursuant to the grant made in their favour Saguvali Chits were also issued in the year 1962-63. Thereafter, mutation entries were also made in the revenue records in the names of two grantees. It is contended that when both the