Dismissed¶91

Smt. Muniyamma v. the State of Karnataka

Karnataka HC12 Feb 2026WA/624/2025

Case brief

AI extract

What is this about?

Writ appeals dismissed; Karnataka High Court Division Bench; Section 4 Karnataka High Court Act; intra-court appeal; mutation of names in Record of Rights/RTC; registered Sale Deed dated 06.06.1970; Revision Petition No.141/2024; Deputy Commissioner Bengaluru Rural; Assistant Commissioner Doddaballapura; RA (D) 20/2024 dated 06.03.2024; Survey No.53/4, 1 acre 37 guntas, Yeliyuru Village, Devanahalli Taluk; O.S.No.649/2023 partition suit dismissed; O.S.No.543/2025 declaration suit pending; KLR-RES.

What did the court decide?

The Division Bench found no error of law or facts in the impugned judgment and order of the learned Single Judge dated 28.02.2025 in W.P.No.33724/2024 and therefore dismissed both writ appeals as devoid of merit and substance. ¶91

Smt. Muniyamma Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

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NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12^TH DAY OF FEBRUARY, 2026

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PRESENT

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THE HON'BLE MR. JUSTICE D K SINGH

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AND

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THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 624 OF 2025 (KLR-RES)

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C/W

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WRIT APPEAL NO. 779 OF 2025 (KLR-RES)

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IN WA No. 624/2025

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BETWEEN:

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Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA

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SMT. MUNIYAMMA W/O CHANCHALAPPA AGED ABOUT 85 YEARS, RESIDING AT YELLIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, BENGALURU RURAL DISTRICT-562 110

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…APPELLANT

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(BY SRI. S.N.ASWATHANARAYAN, SENIOR ADVOCATE FOR SRI. KARTHIK.B.Y, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560 001

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THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE,

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2 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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DISTRICT COMPLEX, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALI TALUK, BENGALURU RURAL DISTRICT-562110

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THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA - 561203

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THE TAHSILDAR, DEVANAHALLI TALUK, DEVANAHALLI -562110

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SMT DEVAMMA AGED ABOUT 72 YEARS D/O LATE KEMPANNA,

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SMT PUTTAMMA AGED ABOUT 70 YEARS D/O LATE KEMPANNA,

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SMT SAKAMMA AGED ABOUT 68 YEARS D/O LATE KEMPANNA,

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SMT SAROJAMMA AGED ABOUT 64 YEARS D/O LATE KEMPANNA,

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SRI HANUMAPPA AGED ABOUT 62 YEARS S/O LATE KEMPANNA,

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SRI MUTHAPPA AGED ABOUT 60 YEARS S/O LATE KEMPANNA,

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SMT BHAGYAMMA AGED ABOUT 58 YEARS S/O LATE KEMPANNA,

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3 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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R5 TO R11 ARE RESIDING AT YELIYURU VILLAGE, CHANNAPATANA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562110.

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…RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1-R4; SMT. S.SUSHEELA, SENIOR ADVOCATE FOR SRI. T.R.RAMESH, ADVOCATE FOR R5-R11)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR THE RECORDS IN WP 33724/2024 AND ISSUE WRIT OF CERTIORARI QUASHING THE ORDER PASSED BY THE 3RD RESPONDENT ASSISTANT COMMISSIONER DATED 06/03/2024 PASSED IN RA (D) 20/2024, ETC.

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IN WA NO. 779/2025:

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BETWEEN:

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SRI. SHIVARAJKUMAR S/O LATE.NARAYANAPPA AND LATE.YASHODAMMA AGED ABOUT 36 YEARS, RESIDING AT BANAHALLI VILLAGE, HINDIGANALLA POST, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT.

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...APPELLANT

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(BY SRI. T SESHAGIRI RAO., ADVOCATE)

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AND:

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STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, MULTISTORIED BUILDINGS, BENGALURU 560 001.

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NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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THE DEPUTY COMMISSIONER DISTRICT MAGISTRATE, DISTRICT COMPLEX, BEERASANDRA VILLAGE, KUNDANA HOBLI, DEVANAHALI TALUK, BENGALURU RURAL DISTRICT KARNATAKA-562110

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ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION. DODDABALLAPURA-561203

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THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI-562110

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SMT DEVAMMA AGED ABOUT 72 YEARS D/O LATE KEMPANNA, RESIDING AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SMT. PUTTAMMA AGED ABOUT 70 YEARS D/O LATE KEMPANNA, RESIDING AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SMT. SAKAMMA AGED ABOUT 68 YEARS, D/O LATE KEMPANNA, RESIDING AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SMT SAROJAMMA AGED ABOUT 64 YEARS, W/O LATE G K ANJINAPPA,

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5 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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RESIDING AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SRI G K HANUMAPPA AGED ABOUT 62 YEARS, S/O LATE KEMPANNA, RESIDING AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SRI K MUTHAPPA AGED ABOUT 60 YEARS, D/O LATE KEMPANNA, RESIDING AT YELIYURU VILLAGE. CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SMT BHAGYAMMA AGED ABOUT 58 YEARS, D/O LATE KEMPANNA, RESIDING AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK-562110

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SMT. MUNIYAMMA AGED ABOUT 85 YEARS, W/O CHANCHALAPPA, R/AT YELIYURU VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT KARNATAKA-562110.

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...RESPONDENTS

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(BY SRI. MOHAMMAD JAFFAR SHAH, AGA FOR R1-R4)

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THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO TO CALL FOR THE RECORDS IN WP No. 33724/2024 AND TO REMIT THE

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6 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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MATTER BACK ON TO THE FILE OF THE DEPUTY COMMISSIONER AND TO SET ASIDE THE ORDER DATED 28.02.2025 ON PASSED BY THE LEARNED SINGLE JUDGE IN WP No. 33724/2024, ETC.

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

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CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH

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ORAL JUDGMENT

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

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This intra Court appeal has been filed impugning the judgment and order dated 28.02.2025 passed in W.P.No.33724/2024 by the learned Single Judge.

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The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

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The petitioners who are respondents herein

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have filed the aforesaid writ petition challenging the order dated 09.09.2024 passed in Revision Petition No.141/2024

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7 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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by the Deputy Commissioner/the District Magistrate, Bengaluru Rural, setting aside the order passed by the Assistant Commissioner in respect of the land bearing Survey No.53/4 measuring 1 acre 37 guntas situated at Yeliyuru Village, Channarayapattana Hobli, Devenahalli Taluk, Bengaluru Rural District.

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The said land originally belonged to the family of the respondent No.5-Muniyamma wife of Chanchalappa. The predecessor in interest of the respondent No.5 had sold the said land vide registered Sale Deed dated 06.06.1970 in favour of one Kempanna, the father of the petitioners. After the demise of Kempanna, the interest and title of the said land devolved on the petitioners, being the sons and daughters of late Kempanna.

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The petitioners had moved an application before the Assistant Commissioner to record their names against

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the said land in the Record of Rights. The Assistant Commissioner, vide order dated 06.03.2024, ordered to

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8 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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record the names of the petitioners in the Record of Rights in respect of the said land.

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The said order passed by the Assistant Commissioner came to be challenged by the respondent No.5 in the revision petition before the Deputy Commissioner in Revision Petition No.141/2024. The Deputy Commissioner, vide order dated 09.09.2024 has set aside the order passed by the Assistant Commissioner and remanded the matter back to the Assistant

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Commissioner for fresh consideration.

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The learned Single Judge, having noted the fact that the petitioners' names were ordered to be mutated in the Record of Rights/ RTC records on the basis of the registered Sale Deed dated 06.06.1970, held that the impugned order passed by the Deputy Commissioner setting aside the order of the Assistant Commissioner was not proper.

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9 - NC: 2026:KHC:8799-DB WA No. 624 of 2025 C/W WA No. 779 of 2025

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HC-KAR

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It was brought to the notice of writ Court that

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one Narayanaswamy had filed suit in O.S.No.649/2023 for partition and separate possession and the same has been dismissed and suit in O.S.No.543/2025 was filed by the respondents seeking declaration is pending consideration. The learned Single Judge, therefore, has observed that the mutation entries in favour of the petitioners would be subject to the pending civil suit/ civil proceedings.

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We do not find any error of law or facts in the impugned judgment and order passed by the learned Single Judge and therefore, we dismiss these appeals having found that appeals have no merits and substance.

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Sd/(D K SINGH) JUDGE

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Sd/(S RACHAIAH) JUDGE

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RKA

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List No.: 2 Sl No.: 14

Smt. Muniyamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Muniyamma v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Procedural history

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