Sri. N Keshavappa Vs the Government of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

Sri. N Keshavappa Vs the Government of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition stands disposed of; petitioner remains free to defend pending suit O.S. No.263/2019 (including claim of possession) and may seek restoration of the revenue entries subject to the outcome of that suit. Prayer to quash the resolution and direct restoration of khatha not acceded to at this stage.

Issue for consideration

Whether the fourth respondent's resolution cancelling revenue entries (other than those based on succession and registered Gift Deeds) can be faulted where the dispute over title to the property is pending consideration before a civil court. +1 more

Court's answer

Revenue entries must be incidental to title which, in the least, is apparent.

Ratio / Principle

No exception can be taken to the subject resolution when there is a dispute over title which is pending consideration in the civil Court.

Key takeaways

The disposal is without prejudice to the petitioner defending the pending suit for vindication of his interest, including possession, of the subject property.ratio¶39
The petitioner will be entitled to seek restoration of the revenue entries subject to the outcome of the pending suit.ratio¶39

Detailed headnote1 paragraphs

High Court of Karnataka (B M Shyam Prasad, J.), Oral Order dated 10-06-2026 in Writ Petition No. 16592 of 2026 (LB-RES): Petitioner, claiming benefit of revenue entries based on a Sale Agreement and possession, sought certiorari to quash Resolution No.KAA.NI.AA.TAA. PANCH.PA VA DA 3/1/13-14 dated 16/12/2013 (Annexure-A) passed by the fourth respondent cancelling all possession-based revenue entries permitted by its Secretary, saving entries based on succession and registered Gift Deeds, and mandamus for restoration of khatha in his name. The Court observed that revenue entries must be incidental to title which in the least is apparent, and that no exception can be taken to the resolution while a dispute over title is pending in the civil Court (O.S. No.263/2019, Principal Civil Judge and JMFC, Pavagada). Petition disposed of without prejudice to the petitioner defending the pending suit; petitioner entitled to seek restoration of the revenue entries subject to its outcome. Filed under Articles 226 and 227 of the Constitution.

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NC: 2026:KHC:27905 WP No. 16592 of 2026

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 10^TH DAY OF JUNE, 2026

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

WRIT PETITION NO. 16592 OF 2026 (LB-RES)

BETWEEN:

SRI. N KESHAVAPPA S/O LATE NANJAPPA AGED ABOUT 47 YEARS, R/A DOMMATHAMARI VILLAGE, KASABA HOBLI, PAVAGADA TALUK, TUMAKURU DISTRICT-561202.

…PETITIONER

(BY SRI. ANANDEESWARA D R., ADVOCATE)

AND:

Digitally signed by VANAMALA N

Location: HIGH COURT OF KARNATAKA

THE GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF GRAM SWARAJ AND PANCHAYAT RAJ ACT, VIKASA SOUDHA, BANGALORE.

THE CHIEF EXECUTIVE OFFICER, ZILLA PANCHAYAT, TUMAKURU DISTRICT, TUMAKRURU 561202.

THE EXECUTIVE OFFICER TRALUK PANCHAYAT

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NC: 2026:KHC:27905 WP No. 16592 of 2026

HC-KAR

PAVAGADA TALUK, PAVAGADA.

THE PANCHAYAT DEVELOPMENT OFFICER, DOMMATHAMARI GRAM PANCHAYAT, PAVAGADA TALUK, TUMAKURU DISTRICT-561202.

SMT. SHAHEENABEE W/O BARAN SAB AGED ABOUT 37 YEARS R/A DOMMATHAMERI VILLAGE, KASABA HOBLI, PAVAGADA TALUK.

…RESPONDENTS

(BY SRI.BOPANNA BELLIAPPA., AGA FOR R1)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUION OF INDIA PRAYING TO. ISSUE WRIT IN THE NATURE OF WRIT OF CERTIORARI OR ANY OTHER WRIT TO QUASH THE IMPUGNED RESOLUTION NO.KAA.NI.AA.TAA. PANCH.PA VA DA 3/1/13-14 DATED 16/12/2013 AT ANNEXURE-A PASSED BY THE 4^TH RESPONDENT; B. ISSUE WRIT IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 4^TH RESPONDENT TO RESTORE THE KHATHA IN THE NAME OF THE PETITIONER.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

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NC: 2026:KHC:27905 WP No. 16592 of 2026

HC-KAR

ORAL ORDER

The petitioner has called in question the fourth respondent's decision as per Annexure-A. The fourth respondent's decision is to cancel all the revenue entries permitted by its Secretary based on possession saving those revenue entries which are based on succession and registered Gift Deeds. Sri Anandeeswar D R, the learned counsel for the petitioner, is heard, as is Sri Bopanna Belliappa, a learned Additional Government Advocate, who is called upon to accept notice for the first respondent.

The petitioner asserts that he is given the benefit of the revenue entries based on a Sale Agreement and that his vendor has filed a suit in O.S. No.263/2019 on the file of the Principal Civil Judge and JMFC, Pavagada, which is pending consideration. Sri Anandeeswar D R submits that the revenue entries are based not just on the Sale Agreement but also on possession.

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NC: 2026:KHC:27905 WP No. 16592 of 2026

HC-KAR

However, this Court must observe that the revenue entries must be incidental to title which in the least is apparent and that no exception can be taken with the subject resolution when there is a dispute over title which is pending consideration in the civil Court. Therefore, without prejudice to the petitioner to defend the suit for vindication of his interest including possession of the subject property in the pending suit, the petition stands disposed of observing that the petitioner will be entitled to seek restoration of the revenue entries subject to outcome in the pending suit.

Sd/(B M SHYAM PRASAD) JUDGE

AN/-