IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11^TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 643 OF 2025 (KLR-RES)

BETWEEN:

SRI.VISHWANATH S., S/O SRINIVAS H., AGED ABOUT 35 YEARS, WORKING AS TAHASILDAR, BANGALORE BUSINESS CORRIDOR, BANAGALORE DEVELOPMENT AUTHORITY, KUMARA KRUPA WEST,GUTTAHALLI, BANGALORE - 560 020.

…APPELLANT (BY SRI. SATISH K., ADVOCATE)

AND:

Digitally 1. SRI. KEMPAHANUMAIAH, signed by S/O LATE DODDAHANUMAIAH, REKHA R AGED ABOUT 74 YEARS, Location :

High Court of

2. SRI. S.D. LENKAIAH, Karnataka S/O. LATE DODDAHANUMAIAH, AGED ABOUT 62 YEARS, 3. SRI. LENKAIAH, S/O. LATE CHIKKAHANUMAIAH, AGED ABOUT 71 YEARS, 4. SRI. RAJANNA, S/O. LATE CHIKKAHANUMAIAH, AGED ABOUT 69 YEARS, 5. SRI. HARISH, S/O. LATE SANJEEVAIAH, AGED ABOUT 43 YEARS, 6. SRI. ANIL KUMAR, S/O. LATE SANJEEVAIAH, AGED ABOUT 39 YEARS

7. SRI. PRADEEPA, S/O LATE SANJEEVAIAH, AGED ABOUT 37 YEARS, ALL ARE RESIDING AT KADAMATHIKERE VILLAGE, KASABA HOBLI, KUNIGAL TALUK, TUMKUR - 572 130.

8. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS PRINCIPAL SECRETARY, VIDHANA SOUDHA, BANGALORE - 560 001.

9. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101.

10. THE ASSISTANT COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101.

11. THE TAHASILDAR, KUNIGAL TALUK, TUMKUR DISTRICT, TUMKUR - 572 101.

12. SMT. RANGAMMA W/O. LATE GANGAHANUMAIAH, AGED ABOUT 81 YEARS, RESIDING AT GAVIMATA, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT -572 101.

DELETED AS PER COURT ORDER DATED 11.03.2026 SINCE R12 IS DEAD AND RESPRESENTED BY LR's-

R13.

13. SMT. GANGALAKSHMAMMA, D/O. LATE GANGAHANUMAIAH, AGED ABOUT 52 YEARS, RESIDING AT GAVIMATA, KASABA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572 101.

…RESPONDENTS (BY SRI.NAGESH., ADVOCATE FOR R1 TO R4, SRI. MOHAMMED JAFFAR SHAH, AGA FOR R8 TO R11, R5, R6 AND R7 ARE SERVED AND UNREPRESENTED, VIDE ORDER DATED 11.03.2026 R12 IS NO MORE AND REPRESNETED BY HER LR R13, SRI. S. RAJASHEKAR, ADVOCATE FOR R13)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR THE RECORDS PERTAINING TO THE WRIT PETITION No.16499/2024 (KLR-RES) SET ASIDE THE IMPUGNED ORDER DATED:19.02.2025 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION No.16499/2024 (KLR-RES) IN SO FAR AS IT RELATES TO DIRECTION AT PARA 12 (v) AND (vi) ARE CONCERNED, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE T.M.NADAF

ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The present intra Court appeal has been filed impugning the order dated 19.02.2025 passed by the writ Court in W.P.No.16499/2024. The appellant was respondent No.4 before the writ Court. The petition was filed by the respondents assailing the impugned order dated 18.11.2022 passed by the Deputy Commissioner, order dated 15.03.2023 passed by the Assistant Commissioner as well as order dated 01.02.2024 passed by the present appellant/respondent No.4 before the writ Court.

2. The petitioner's case was that the land in Sy.No.97 measuring 1 acre 32 guntas situated in Kadamathikere village, Kasaba Hobli, Kunigal Taluk, Tumakuru District was their ancestral property and revenue entries with respect to the said land in favour of the petitioners was made way back in the year 1968. The said land was recorded in the name of Doddahanumaiah and Chikhahanumaiah. The RTC would reflect that Doddahanumaiah was holding land 1 acre 32 guntas, while the widow of Chikkahanumaiah held 1 acre and 23 guntas. An unregistered partition deed was executed in the year 1982 within the family of Doddahanumaiah. Similarly another partition took place in the family of Chikkahanumaiah. Both the partition deeds were unregistered documents. However, these documents were recognised by the revenue authorities and according to the partition, revenue entries were reflected, reflecting t