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. 517 OF 2026 (KLR-RR/SUR)

BETWEEN:

1. STATE OF KARNATAKA, REP.BY ITS PRINCIPAL SECRETARY, GOVERNMENT OF KARNATAKA, REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR ROAD, BENGALURU - 560 001.

2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, DEPUTY COMMISSIONER'S OFFICE, K.G. ROAD, Digitally BENGALURU - 560 009.

signed by REKHA R

3. THE ASSISTANT COMMISSIONER, Location :

BANGALORE NORTH SUB DIVISION, High Court of BENGALURU - 560 009.

Karnataka

4. THE TAHSILDAR, BANGALORE EAST TALUK, K.R.PURAM, BENGALURU - 560 036 …APPELLANTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA)

AND:

SMT. RATHNAMMA, W/O. LATE NARASAPPA, AGED ABOUT 65 YEARS, RESIDING AT LAGUMENAHALLI VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU - 560 049.

…RESPONDENT (BY SRI.DHANANJAY JOSHI., SENIOR ADVOCATE FOR SRI.POOJITH PRASAD.D., ADVOCATE)

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET-ASIDE THE ORDER DATED 16/09/2025 PASSED IN WP NO.429/2021 BY THE LEARNED SINGLE JUDGE AND DISMISS THE SAID WRIT PETITION WITH EXEMPLARY COST.

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 T.M.NADAF

ORAL JUDGMENT

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

The present intra Court appeal has been filed impugning the Judgment and order dated 16.09.2025 passed by the Writ Court in W.P.No.429/2021.

2. The parties are referred to as per their ranking before the learned Single Judge.

3. The case of the petitioner is that entries in the revenue records in respect of the land measuring 01 Acre 22 Guntas in Sy.No.22 of Lagumenahalli Village, earlier Hosakote Taluk now Bidarahalli Hobli, Bengaluru East Taluk were made in favor of the petitioner in the year

1978 and Saguvali Chit was issued on 18.12.1978.

4. According to the State, no such grant exists in the revenue record and Saguvali Chit and the order of Tahsildar dated 18.12.1978 are based on the forged grant, if any. It is further submitted that as no grant exists and the entries have been made in the revenue record in respect of the land in favor of the petitioner on the basis of the forged document, the Special Deputy Commissioner in exercise of power under Section 136(3) of the Karnataka Land Revenue Act, 1964 has issued notice and drawn the proceedings for deleting the entries in respect of the said land in favor of the petitioner.

5. A submission is made by Mr.Mohammad Jaffar Shah., that the learned Single Judge ignoring this vital aspect, has allowed the Writ Petition filed by the petitioner against the change in the revenue entries from the name of the petitioner to 'Sarakari Gunduthopu'.

6. On the other hand, learned Senior counsel Sri.Dhananjay Joshi., appearing for the petitioner submits that till date no competent authority has determined in the appropriate proceedings that the grant in favor of the petitioner is a forged document. Unless and until the competent authority opines that the grant, on the basis of which the entries were made in the revenue record with respect to the land in question in the year 1978 and which continued to exist in the name of the petitioner till, the impugned entries were changed as 'Sarakari Gunduthopu', the revenue authorities ought not to have changed the entries.

7. We have considered the submissions. We are of the considered view that till the competent authority records a finding that the grant in favor of the petitioner was not a genuine but a forged document, on the basis of which the revenue entries were made in favor of the petitioner in respect of the land in question, the revenue entries should stand in the name of the petitioner. However, the same would be subject to the outcome of the pending proceedings which have been drawn by the Special Deputy Commissioner in R.R.T.No.3/2020-21 in accord