- 1 - NC: 2025:KHC-K:2314 WP No. 200163 of 2023 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200163 OF 2023 (LB-RES) BETWEEN: SUJITKUMAR PATIL S/O BAPURAO PATIL AGED ABOUT 50 YEARS, OCC: CIVIL CONTRACTOR, R/O H.NO. 10-2/84, S.B.COLLEGE ROAD, SANGAMESHWAR NAGAR, KALABURAGI. …PETITIONER (BY SRI. VINAYAK APTE, ADVOCATE) AND: 1. THE REGIONAL COMMISSIONER MINI VIDHAN SOUDHA, KALABURAGI- 585 102. 2. THE DEPUTY COMMISSIONER MINI VIDHAN SOUDHA, KALABURAGI – 585 102. 3. THE COMMISSIONER CORPORATION OF CITY, KALABURAGI – 585 102. 4. THE ZONAL COMMISSIONER ZONE-1, CORPORATION OF, CITY OF KALABURAGI – 585 102. …RESPONDENTS (BY SRI.SHESHADRI JAISHANKAR, AGA FOR R1 & R2; SRI.KRUPA SAGAR PATIL, ADV. FOR R3 & R4) Digitally signed by VARSHA N RASALKAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2314 WP No. 200163 of 2023 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI THEREBY QUASHING THE IMPUGNED ENDORSEMENT DATED 13.07.2022 IN FILE NO:CCG/Z-1/REV/MUT/218/2021-22/471 ISSUED BY RESPONDENT NO:4 AS PER ANNEXURE-F AND ISSUE WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO:4 TO CONSIDER THE APPLICATION FOR MUTATION IN FORM NO:8 DATED 21.06.2022 AS PER ANNEXURE-E AND MUTATE THE PLOT NO:39 IN THE NAME OF PETITONER AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA ORAL ORDER (PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA) Heard Sri.Vinayak Apte, learned counsel for the writ petitioner, learned Additional Government Advocate who represents respondent Nos.1 and 2 and Sri.Krupa Sagar Patil, learned counsel for respondent Nos.3 and 4. 2. Learned counsel for the writ petitioner submits that the land admeasuring 9 acres in Sy.No.80/1 of Brahmapur village was owned and possessed by one Hanmantrao and he filed an application for conversion of the said land for non agricultural use. Necessary orders - 3 - NC: 2025:KHC-K:2314 WP No. 200163 of 2023 were passed endorsing the conversion. Thereafter, Hanmantrao started selling plots which were carved out of the said land. The vendor of the petitioner purchased plot No.39 and necessary mutation was also effected. The petitioner purchased said land through a registered sale deed for valuable consideration. Thereafter, the petitioner filed application for mutation. However, mutation was not effected by respondent No.4 and an endorsement dated 13.07.2022, was issued stating that as the property was approved by the Mandal Panchayat, Nandikur and not by City Corporation, mutation cannot be effected. 3. Learned counsel for the writ petitioner submits that in the light of judgment of this Court in W.A.No.200065/2019 in the case between Swapnaja and the Regional Commissioner and Others, respondent No.4 is required to effect mutation. 4. Sri.Krupa Sagar Patil, learned counsel for respondent Nos.3 and 4 submits that in the light of - 4 - NC: 2025:KHC-K:2314 WP No. 200163 of 2023 judgment that is referred by learned counsel for the writ petitioner, mutation can be effected in ‘B’ Khata only. 5. On hearing that, learned counsel for the writ petitioner seeks the Court to dispose of the writ petition in the light of the submission that is made by learned counsel for respondent Nos.3 and 4. 6. Having heard both counsels and upon perusal of the finding of this Court in the judgment which is referred supra, writ petition is disposed of with the following: ORDER i. The endorsement which is issued by respondent No.4 vide endorsement No.PÀªÀÄ£À¥Á/ªÀPÀ-1PÀA/£ÉÆA/218/2021-22/471 dated 13.07.2022 is quashed. ii. Respondent No.4, the Zonal Commissioner, Zone-I, City Corporation, Kalaburagi, is directed to look into the issue and pass necessary orders after thoroughly going into the case of the petitioner and in the - 5 - NC: 2025:KHC-K:2314 WP No. 200163 of 2023 light of judgment rendered by this Court in W.A.No.200065/2019 dated 13.12.2021 and pass necessary orders strictly in accordance with law within a period of eight weeks from the date of receipt of certified copy of this order. Sd/- (Dr.CHILLAKUR SUMALATHA) JUDGE VNR List No.: 1 Sl No.: 41 CT:NI