IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25^TH DAY OF FEBRUARY, 2026 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.565/2023 (KLR-RR/SUR)

BETWEEN:

SRI. M.S. RAMAKRISHNAIAH S/O SANJEEVAIAH AGED ABOUT 76 YEARS R/AT. MAYAGANAHALLI VILLAGE KASABA HOBLI, RAMANAGARA TALUK Digitally signed RAMANAGARA DISTRICT.

by ARSHIFA BAHAR KHANAM …APPELLANT Location: HIGH COURT OF (BY SRI. R. SUBRAMANYA, ADV., FOR KARNATAKA SRI. RAJU S, ADV.,)

AND:

1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING DR. AMBEDKAR ROAD BENGALURU- 560001 REP. BY ITS PRINCIPAL SECRETARY.

2. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU- 560009.

3. SRI. K. GOPALASWAMY AGED ABOUT 58 YEARS THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK KANDAYA BHAVAN KEMPEGOWDA ROAD BENGALURU- 560009. 4. SMT. BAYYAMMA W/O H.M. KRISHNA MURTHY AGED ABOUT 73 YEARS R/AT NO.4, VIVEKANANDA COLONY BANASHANKARI KANAKAPURA MAIN ROAD BENGALURU- 560078.

…RESPONDENTS (BY SMT. PRAMODHINI KISHAN, AGA FOR R1 & R2 SRI. VARUN GOWDA, ADV., FOR R4 R3 SERVICE OF NOTICE IS D/W V.C.O.DTD:02.02.2026)

THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE ORDER DATED 23.03.2023 IN W.P. No.23839/2016 (KLR-RR/SUR) PASSED BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE COURT, CONSEQUENTLY ALLOW THE WRIT PETITION, IN THE ENDS OF JUSTICE AND EQUITY.

THIS WRIT APPEAL HAVING BEEN HEARD AND RESERVED ON 13.02.2026, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY VIJAYKUMAR A. PATIL J., DELIVERED THE FOLLOWING:

HON'BLE MRS. JUSTICE ANU SIVARAMAN CORAM: and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL

CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL) This appeal is filed by the appellant under Section 4 of the Karnataka High Court Act, 1961, challenging the order dated 23.03.2023 passed by the learned Single Judge in W.P.No.23839/2016 (KLR-RR/SUR).

2. The brief facts leading to the filing of this appeal are that the appellant claims to be the owner of the land bearing Sy.No.369 measuring 2 acres 33 guntas situated at Kempapura Agrahara, Kasaba Hobli, Benagluru North Taluk, having purchased the same in the year 1968. The respondent No.4 made a representation on 05.11.2014 before the respondent No.2 seeking transfer of the Katha entry in respect of Sy.No.369 to an extent of 2 acres 28 guntas on the basis of Will dated 29.12.1979. The respondent No.2, without giving notice to the appellant, proceeded to pass an order dated 17.12.2014 directing the transfer of khatha in favour of the respondent No.4. The said order passed by respondent No.2 was assailed before the learned Single Judge in W.P.No.23839/2016. The learned Single Judge on considering the provision of law proceeded to dismiss the petition on the ground that an alternative remedy was available by way of appeal under Section 49 of the Karnataka Land Revenue Act, 1964, before the Assistant Commissioner. Being aggrieved, this appeal is filed.

3. Sri. R.Subramanya., learned counsel appearing for Sri.Raju.S., learned counsel for the appellant submits that the learned Single Judge has erroneously dismissed the writ petition on the ground that the change in the revenue entry must be challenged by way of an appeal before the Assistant Commissioner. It is submitted that in the earlier proceedings the respondent No.2 vide order dated 16.02.1983 rejected the claim of the father of respondent No.4, which was affirmed by the Assistant Commissioner, Bangalore. In the meanwhile, the respondent No.4, claiming to be the daughter of the appellant's vendor, filed a suit for declaration and possession based on the Will, which was dismissed, the Regular First appeal was also dismissed. It is submitted that the proceedings before the revenue authorities with regard to the change of khatha has attained finality by the order of the Deputy Commissioner dated 21.07.1998, who held that the revenue entries are subject to outcome of the suit file