- 1 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.53594 OF 2016 (KLR-RES) BETWEEN: M. SHAMSHU KHAN @ M SHAMSHU SAB AGED ABOUT 48 YEARS S/O MADAR KHAN R/O MUSKAM 'B' BLOCK ANDERSONPET POST KOLAR GOLD FIELDS KOLAR DISTRICT - 563 114 …PETITIONER (BY SRI. UDHAYA KUMAR G, ADVOCATE) AND: 1. THE STATE OF GOVERNMENT OF KARNATAKA Digitally signed by BY IST REVENUE SECRETARY CHAYA S A VIDHANASOUDHA Location: HIGH COURT OF BANGALORE - 01 KARNATAKA 2. DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563 101 3. ASSISTANT COMMISSIONER KOLAR SUB-DVN KOLAR - 563 1 4. TAHASILDAR BANGARPET TALUK BANGARPET - 563 114 - 2 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 5. R R SHIRASTHEDAR BANGARPET TALUK BANGARPET - 563 114 6. K GAJENDRA S/O M KRISHNAN AGED ABOUT 57 YEARS R/O NO.8 NEW MODEL HOUSE BAND LINE OORGAUM POST KOLAR GOLD FIELD KOLAR DISTRICT - 563 120 …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R5; SRI. AKERSH B R, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH ANNEXURE-A THE ORDER DATED 13.07.2016 MADE ON R.A NO.40/2013-14 PASSED BY 2ND RESPONDENT DEPUTY COMMISSIONER; b) CONFIRM THE ORDER DATED 12.07.2013 MADE ON R.A.448/2012-13 PASSED BY 3RD RESPONDENT ASSISTANT

COMMISSIONER AS PER ANNEXURE-B AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel appearing for the parties. 2. In this petition, the petitioner is assailing the order dated 13.07.20216 in R.A.No.40/2013-14 (Annexure-A) - 3 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 passed by respondent No.2 and the order dated 12.07.2013 in R.A.No.448/2012-13 (Annexure-B) passed by the respondent No.3. 3. Having heard the learned counsel for the parties and taking into consideration the factual aspects on record that both the authorities have directed the petitioner to establish his right over the land in a manner known to law. 4. In this regard, it is forthcoming that the petitioner herein has filed O.S.No.302/2016 before the II Additional Civil Judge and J.M.F.C at K.G.F, seeking relief of declaration and permanent injunction which came to be dismissed with costs on 17.02.2023 and thereafter, the judgment and decree passed by the Trial Court is confirmed in R.A.No.60/2023 on the file of the Senior Civil Judge and Principal J.M.F.C, K.G.F on 19.07.2024. - 4 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 5. In that view of the matter, I am of the opinion that no interference is called for insofar as this petition is concerned. 6. Accordingly, the writ petition is dismissed. Sd/-

(E.S.INDIRESH) JUDGE GH List No.: 1 Sl No.: 46

- 1 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.53594 OF 2016 (KLR-RES) BETWEEN: M. SHAMSHU KHAN @ M SHAMSHU SAB AGED ABOUT 48 YEARS S/O MADAR KHAN R/O MUSKAM 'B' BLOCK ANDERSONPET POST KOLAR GOLD FIELDS KOLAR DISTRICT - 563 114 …PETITIONER (BY SRI. UDHAYA KUMAR G, ADVOCATE) AND: 1. THE STATE OF GOVERNMENT OF KARNATAKA Digitally signed by BY IST REVENUE SECRETARY CHAYA S A VIDHANASOUDHA Location: HIGH COURT OF BANGALORE - 01 KARNATAKA 2. DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563 101 3. ASSISTANT COMMISSIONER KOLAR SUB-DVN KOLAR - 563 1 4. TAHASILDAR BANGARPET TALUK BANGARPET - 563 114 - 2 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 5. R R SHIRASTHEDAR BANGARPET TALUK BANGARPET - 563 114 6. K GAJENDRA S/O M KRISHNAN AGED ABOUT 57 YEARS R/O NO.8 NEW MODEL HOUSE BAND LINE OORGAUM POST KOLAR GOLD FIELD KOLAR DISTRICT - 563 120 …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R5; SRI. AKERSH B R, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH ANNEXURE-A THE ORDER DATED 13.07.2016 MADE ON R.A NO.40/2013-14 PASSED BY 2ND RESPONDENT DEPUTY COMMISSIONER; b) CONFIRM THE ORDER DATED 12.07.2013 MADE ON R.A.448/2012-13 PASSED BY 3RD RESPONDENT ASSISTANT

COMMISSIONER AS PER ANNEXURE-B AND ETC THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard the learned counsel appearing for the parties. 2. In this petition, the petitioner is assailing the order dated 13.07.20216 in R.A.No.40/2013-14 (Annexure-A) - 3 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 passed by respondent No.2 and the order dated 12.07.2013 in R.A.No.448/2012-13 (Annexure-B) passed by the respondent No.3. 3. Having heard the learned counsel for the parties and taking into consideration the factual aspects on record that both the authorities have directed the petitioner to establish his right over the land in a manner known to law. 4. In this regard, it is forthcoming that the petitioner herein has filed O.S.No.302/2016 before the II Additional Civil Judge and J.M.F.C at K.G.F, seeking relief of declaration and permanent injunction which came to be dismissed with costs on 17.02.2023 and thereafter, the judgment and decree passed by the Trial Court is confirmed in R.A.No.60/2023 on the file of the Senior Civil Judge and Principal J.M.F.C, K.G.F on 19.07.2024. - 4 - HC-KAR NC: 2026:KHC:48608 WP No. 53594 of 2016 CNR: KAHC010122952016 5. In that view of the matter, I am of the opinion that no interference is called for insofar as this petition is concerned. 6. Accordingly, the writ petition is dismissed. Sd/-

(E.S.INDIRESH) JUDGE GH List No.: 1 Sl No.: 46