THE HIGH COURT OF KARNATAKA
D K SINGH AND S RACHAIAH
SRI. B. H. SHIVARAMU – Appellant
Versus
THE DEPUTY COMMISSIONER – Respondent
WA 1625/2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1625 OF 2025 (KLR-RES)
BETWEEN:
1. SRI B H SHIVARAMU S/O HEGGALEGOWDA AGED ABOUT 75 YEARS RESIDING AT SHANTHINAGAR PANDAVAPURA MANDYA DISTRICT-571434 2. SRI RAGHAVENDRA S P S/O SHIVARAMU B H AGED ABOUT 40 YEARS RESIDING AT SHANTHINAGAR Digitally PANDAVAPURA signed by MANDYA DISTRICT-571434 VASANTHA …APPELLANTS KUMARY B K (BY SRI M R RAJAGOPAL, SENIOR ADVOCATE FOR Location:
HIGH SRI THILAK RAJ S V, ADVOCATE)
COURT OF KARNATAKA AND:
1. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA-571438
2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB-IVISION PANDAVAPURA MANDYA DISTRICT-571438
3. THE TAHSILDAR PANDAVAPURA TALUK PANDAVAPURA MANDYA DISTRICT-571438
4. SMT. SAKAMMA W/O LATE KALEGOWDA AGED ABOUT 70 YEARS RESIDING AT BANAGHATTA VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571438
5. SRI B K LINGARAJU S/O LATE KALEGOWDA AGED ABOUT 54 YEARS RESIDING AT BANAGHATTA VILLAGE KASABA HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571438
6. SRI A S PUNITH S/O LATE KALEGOWDA AGED ABOUT 35 YEARS RESIDING AT ALAGUDU VILLAGE ARAKERE HOBLI SRIRANGAPATNA TALUK MANDYA DISTRICT-571438
7. REVENUE INSPECTOR KASABA-2 HOBLI PANDAVAPURA TALUK MANDYA DISTRICT-571438 8. VILLAGE ACCOUNTANT BANAGHATTA CIRCLE PANDAVAPURA TALUK MANDYA DISTRICT-571438 …RESPONDENTS (BY SRI MOHAMMAD JAFFAR SHAH, AGA FOR R-1 TO 3, 7 & 8)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE DATED 20.08.2025 IN W.P.NO.25019/2025 AND ETC.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH)
1. The present intra Court appeal has been filed by the appellants/petitioners being aggrieved by the judgment and order dated 20.08.2025 passed by the learned Single Judge in Writ Petition No.25019/2025.
2. The learned Single Judge has dismissed the writ petition on the ground that in view of the amendment brought to Section 136(1) of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as 'the said Act') with effect from 10.01.2025, the petitioners would have to approach the Karnataka Appellate Tribunal questioning the order dated 29.07.2025 passed by the Deputy Commissioner, Mandya District, Mandya in Case No.R.P.80/2024 and liberty has been reserved to the petitioners to approach the Karnataka Appellate Tribunal under Section 136 of the said Act.
3. The parties are referred to as per their ranking before the writ Court, for the sake of convenience.
4. As per the facts stated in the writ petition, the petitioner No.1 claims to be the owner in possession of the land bearing Sy.No.38/2 measuring 0-27 guntas of Banaghatta Village, Pandavapura Taluk. The petitioner No.2 is the son of the petitioner No.1 in whose favour a Gift Deed has been executed by the petitioner No.1 on 20.09.2024 in respect of the said land. The said land originally belonged to one Sri Channaveere Gowda, who in turn sold it to one Sri Hombale Gowda vide registered Sale Deed dated 31.05.1928. Sri Hombale Gowda thereafter sold the said land in favour of Sri Ningegowda vide registered Sale Deed dated 09.03.1957.
5. It was further stated in the writ petition that in furtherance to the said Sale Deed dated 09.03.1957, the entries in the Revenue Records in Form No.V were made over to the name of the purchaser viz., Sri Ningegowda vide order dated 20.03.1957.
6. Upon the demise of the said Ningegowda, vide MR.No.2/1983-84, the entries related to two survey numbers i.e., Sy.Nos.43/3 and 38/2 respectively measuring 91 guntas and 27 guntas were made over to the name of the petitioner No.1-Sri B.H. Shivaramu. The khata proceedings culminated in terms of the Mutation Registers and consequent thereon, the name of petitioner No.1 was entered bo
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