A M ARUNA, vs STATE OF KARNATAKA

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HC-KAR
NC: 2026:KHC:55622
WP No. 33345 of 2024
C/W WP No. 32841 of 2024

CNR: KAHC010674722024







IN THE HIGH COURT OF KARNATAKA AT BENGALURU


TH
DATED THIS THE 5 DAY OF OCTOBER, 2026

BEFORE

THE HON'BLE MR. JUSTICE B M SHYAM PRASAD

WRIT PETITION NO. 33345 OF 2024 (LB-RES)

C/W

WRIT PETITION NO. 32841 OF 2024 (LB-RES)



IN WP No. 33345/2024

BETWEEN:

A M ARUNA
AGED ABOUT 55 YEARS
W/O MALLESHA M D
R/AT NO 115, KAPILA ROAD,
GURURAJA LAYOUT,
SIDDARTHANAGARA,
MYSURU - 570011
REP BY HER GPA HOLDER
M MALLESHA
…PETITIONER






Digitally
signed by
VANAMALA
N
Location:
HIGH
COURT OF
KARNATAKA

(BY SRI. MANU N.P., ADVOCATE)
AND:

1. STATE OF KARNATAKA
REP BY ITS SECRETARY
RURAL DEVELOPMENT
AND PANCHAT RAJ DEPARTMENT
RD RD
3 GATE, 3 FLOOR,
M S BUILDING,
BENGALURU- 560001

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WP No. 33345 of 2024
C/W WP No. 32841 of 2024


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2. THE EXECUTIVE OFFICER
SRIRANGAPATNA TALUK
PANCHAYATH OFFICE,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT
PIN CODE – 571438

3. THE PANCHAYATH
DEVELOPMENT OFFFICER
ARKERE VILLAGE PANCHAYATH OFFICE,
SRIRANGAPATNA TALUK,
MANDYA DISTRICT
PIN CODE – 571438

4.
A.M. ANUSHA
D/O LATE A M MAHADEVASWAMY
AGED ABOUT 35 YEARS

5. A.M. VINUSHA
D/O LATE A M MAHADEVASWAMY
AGED ABOUT 33 YEARS

6. A.M. AMRUTHA
D/O LATE A M MAHADEVASWAMY
AGED ABOUT 31 YEARS

R4 – R6 ARE
ST
RESIDING AT 1 FLOOR
ST
1 CROSS, SHREE NAVADURGA
TRAVELS BUILDING,
SHAKTHINAGARA,
RD
3 MAIN ROAD, MYSURU
PIN CODE – 570029
…RESPONDENTS
(BY SRI. BOPANNA BELLIAPPA, AGA FOR R1;
SRI. M.S. DEVARAJU, ADVOCATE FOR R2 & R3;
SRI. ABHINAYA K, ADVOCATE FOR R4 – R6)

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HC-KAR
NC: 2026:KHC:55622
WP No. 33345 of 2024
C/W WP No. 32841 of 2024


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THIS WP IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-QUASH THE
ORDER PASSED/ISSUED BY THE RESPONDENT NO.2
DATED 03.09.2024 MADE IN MIS.APPEAL.9/2023-24 ON
THE FILE OF SRIRANGAPATANA TALUK PANCHAYATH
OFFICE, ONLY CONCERNING THE SECOND PROVISO
ORDER OF DIRECTING THE RESPONDENT NO.3 TO
MAKE ENTRY OF JOINT KATHA OF THE PETITIONER
AND RESPONDENT NO.4 TO 6 VIDE ANNEXURE-AE;

IN WP NO. 32841/2024
BETWEEN:

A M ARUNA,
AGED ABOUT 55 YEARS,
W/O MALLESHA.M.,D
R/AT NO.115, KAPILA ROAD,
GURURAJA LAYOUT,
SIDDARTHANAGARA,
MYSURU. PIN CODE- 570011
REP BY HER GPA HOLDER
M.MALLESHA
...PETITIONER
(BY SRI. MANU N.P.., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP BY ITS SECRETARY
RURAL DEVELOPMENT AND
PANCHAYAT RAJ DEPARTMENT
RD RD
3 GATE, 3 FLOOR
MS BUILDING,
BENGALURU-560001

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WP No. 33345 of 2024
C/W WP No. 32841 of 2024


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2. THE EXECUTIVE OFFICER,
SRIRANGAPATANA TALUK
PANCHAYATH OFFICE,
SRIRANGAPATANA TALUK,
MANDYA DISTRICT
PIN CODE 571438

3. THE PANCHAYATH
DEVELOPMENT OFFICER
ARKERE VILLAGE PANCHAYATH OFFICE
SRIRANGAPATANA TALUK,
MANDYA DISTRICT
PIN CODE 571438.

4. A.M. ANUSHA,
D/O OF LATE A.M. MADADEVASWAMY,
AGED ABOUT 35 YEARS,
RESIDING AT 1ST FLOOR,

5. A.M. VINUSHA,
D/O OF LATE A.M. MADADEVASWAMY,
AGED ABOUT 33 YEARS,

6.
A.M. AMRUTHA,
D/O OF LATE A.M. MADADEVASWAMY,
AGED ABOUT 31 YEARS,

R4 – R6 ARE
ST
RESIDING AT 1 FLOOR,
ST
1 CROSS, SHREE NAVADURGA
TRAVELS, BUILDING,
RD
SHAKTHINGARA, 3 MAIN ROAD,
MYSURU, PIN CODE-570029
...RESPONDENTS
(BY SRI. BOPANNA BELLIPPA, AGA FOR R1;
SRI. M.S. DEVARAJU, ADVOCATE FOR R2-R3;
SRI. ABHINAYA K., ADVOCATE FOR R4 – R6)

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C/W WP No. 32841 of 2024


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THIS WP IS FILED UNDER ARTICLE 226 & 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
ORDER PASSED / ISSUED BY R2, DATED 3/09/2024
MADE IN MIS APPEAL NO. 8/2023-24 ON THE FILE OF
THE SRIRANGAPATANA TALUK PANCHANYATH OFFICE,
ONLY CONCERNING THE SECOND PROVISO ORDER OR
DIRECTING THE R3 TO MAKE ENTRY OF JOINT KATHA
OF THE PETITIONER AND R4 TO 6, VIDE ANN-AE.
THESE PETITIONS, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE B M SHYAM PRASAD

ORAL ORDER

The petitioner’s grievance in these petitions is
with the second respondent’s different but similar
orders. The details of the orders impugned in these
writ petitions are as follows:

IN WP NO. 33345/2024
The second respondent’s order dated
03.09.2024 in Miss. Appeal No.9/2023-24
[Annexure-AE].

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IN WP NO. 32841 / 2024

The second respondent's order dated
03.09.2024 in Mis.Appeal No.8/2023-24
[ANNEXURE-AE].

The second respondent [ the Executive Officer,
Srirangapatna Taluk Panchayath, Srirangapatna] by
these two impugned orders has directed the revenue
entries for four immovable properties within the
limits of Arakere Grama Panchayath and situated in
Arakare Village to be mutated jointly in favour of the
petitioner and her nieces.

2. The second respondent has referred to
Sri Made Gowda executing his Last Will and
Testament on 04.04.1997 bequeathing these
properties in favour of his only son, Mahadevaswamy,
who is survived by the petitioner's nieces [the fourth
to sixth respondents]. The petitioner is Sri

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Mahadevaswamy’s sister. The second respondent has
opined that this Will and Testament dated
04.04.1997 is unregistered and not probated and
that the revenue entries for these four properties
must be in the joint names of the petitioner and her
nieces subject to the final decision in a civil suit. The
second respondent has also referred to certain
transfer by Sri. Mahadevaswamy.

3. After the demise of Sri. Mahadevaswamy,
the petitioner has filed a suit against her brother and
the fourth to sixth respondents for partition in
O.S.No.44/2013 including different immovable
properties and the four subject properties. The
petitioner's brother, Sri Mahadevaswamy, prior to the
suit, had transferred the subject properties in favour
of Sri Boregowda S/o Puttegowda on 07.02.2006, and
Sri Boregowda S/o Puttegowda in turn had
transferred these properties in favour of Sri. Ramesh
on 11.02.2009. The petitioner, who has instituted the

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C/W WP No. 32841 of 2024


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afore suit for partition, including her nieces and the
purchasers, has entered into a compromise with the
final purchaser paying 50% of the value of the
properties as she was entitled to such share.

4. The petitioner and the purchaser have
filed an application under Order XXIII Rule 3 of the
Code of Civil Procedure, 1908, which is accepted by
the Civil Court resulting in these properties being
deleted from the plaint. After the Civil Court's order
accepting the compromise as afore, the petitioner has
filed an application for revenue entries, and she is
admitted to revenue entries in the year 2016. These
revenue entries have been set at nought by the
impugned order.

5. Sri. Manu P submits that in these
circumstances, the second respondent could not
have assumed jurisdiction to enter the names of the
petitioner and the nieces jointly, especially when the

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suit is later decreed and the petitioner's nieces have
not called in question the Civil Court's decision to
accept the compromise reported along with the
purchasers. Sri. M.S. Devaraju, a learned Standing
Counsel for the second and the third respondents,
and Sri. Bopanna Belliappa, a learned Additional
Government Advocate, are heard for the disposal of
the petition.

6. This Court finds force in the submissions
by Sri Manu N.P. The Civil Court has accepted the
compromise filed by the petitioner along with the
purchasers, and the compromise is in the light of
the transfers in favour the purchasers on
07.02.2006 and 11.02.2009. The Civil Court's order
accepting the compromise and resulting in deletion
of these properties from the plaint is not called in
question. If these are circumstances which mitigate
against the second respondent's decision to cancel
the revenue entries, this Court must also observe

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that the second respondent could not have assumed
jurisdiction on the ground that the petitioner and
the petitioner's nieces have not signed the
compromise petition or entered any views on the
Last Will and Testament set up by them. These
circumstances must prevail and the petitioner must
succeed in these petitions. Hence, the following,
ORDER
[A] The petition is allowed and the
second respondent's impugned
orders dated 03.09.2024 in Mis.
Appeal No.9/2023-24 and
03.09.2024 in Mis Appeal
No.8/2023-24 [Annexures -AE in
both petitions] are quashed,
directing the authorities to ensure, if
the revenue entries are not in the
name of the petitioner, to reinstate
those revenue entries within four [4]

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weeks from the date of receipt of a
certified copy of this order.

[B] The petitioner is reserved with
liberty to file a certified copy of this
order with the second respondent
within four [4] weeks from the date
of receipt thereof.


Sd/-
(B M SHYAM PRASAD)
JUDGE


NV
List No.: 1 Sl No.: 103