- 1 - NC: 2025:KHC:2807 WP No. 512 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.512 OF 2025 (KLR-RES) BETWEEN: SRI HANUMANTHAIAH S/O LATE KENCHAPPA AGED ABOUT 66 YEARS R/AT ATTIKUPPE VILLAGE MARALAVADI HOBLI KANAKAPURA TALUK RAMANAGARA DISTRICT - 560 040. …PETITIONER (BY SMT. ANUSHA S H., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU - 560 001. 2. THE ASSISTANT COMMISSIONER RAMANGARA SUB-DIVISION RAMANAGARA- 562 159. 3. TAHSILDAR KANAKAPURA TALUK KANAKAPURA - 562 117. Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2807 WP No. 512 of 2025 4. SRI SHIVANNA S/O LATE GADDA NANJAPPA MAJOR IN AGE R/AT KORATAGERE DODDI VILLAGE RAGALLI POST, JIGANI HOBLI, ANEKAL TALUK - 572129. 5. SRI RAJU S/O LATE GADDA NANJAPPA MAJOR IN AGE R/AT KORATAGERE DODDI VILLAGE RAGALLI POST JIGANI HOBLI, ANEKAL TALUK - 572129. 6. SRI SHIVANANJAPPA S/O LATE GADDA NANJAPPA AGED ABOUT 55 YEARS R/AT KORATAGERE DODDI VILLAGE RAGALLI POST JIGANI HOBLI, ANEKAL TALUK - 572129. …RESPONDENTS (BY SRI. KEERTHI PRASAD D.C., ADVOCATE FOR R4 TO R6; SMT. SAVITHRAMMA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS DATED 27/02/2023 AND 02/12/2024 OF THE PETITIONER PRODUCED AT ANNEXURE -'A' AND 'B' AND PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW IN RESPECT OF THE PRAYER FOR MUTATION ENTRY AND EFFECTING KHATHA IN THE NAME OF THE PETITIONER ALONG WITH HIS BROTHER IN RESPECT OF 20 GUNTAS OF LAND IN SY. NO. 102 SITUATED - 3 - NC: 2025:KHC:2807 WP No. 512 of 2025 AT ATTIKUPPE VILLAGE, MARALVADI HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Learned AGA is directed to take notice to respondents 1 to 3. 2. Captioned petition is filed seeking a mandamus to respondent No.2 to consider petitioner's representation dated 27.2.2023 and 2.12.2024 and effect katha in petitioner's name along with his brother in respect of 20 guntas of land in Survey No.102 based on registered sale deed dated 28.6.1968 evidenced at Annexure-D. 3. Learned counsel appearing for private respondents 4 to 6 is disputing the petitioner's possession and therefore, seeks leave to file statement of objections. His prayer is rejected outrightly. 4. Records reveal that private respondents' father has executed a registered sale deed in favour of - 4 - NC: 2025:KHC:2807 WP No. 512 of 2025 petitioner's father on 28.6.1968. Once immovable property is conveyed under the registered sale deed, there is a mandatory duty cast on the revenue authorities to effect changes adhering to the conveyance reflected in the registered sale deed. The dispute relating possession is alien to mutation proceedings and the revenue authorities have no authority to examine the disputed question of possession. Under mutation proceedings, all that revenue authorities has to examine is as to whether there is proper conveyance and that has created rights in favour of the party applying for change of katha. In the present case on hand, admittedly, there is a registered sale deed obtained by the petitioner's father way back in 1968. Therefore, petitioner as a Class-I heir of late Kenchappa is entitled to get his name mutated to the revenue records. Private respondents have no locus to contest the mutation proceedings and dispute the sale deed in mutation proceedings under Sections 128 and 129 of the Karnataka Land Revenue Act. Therefore, this is a fit case where mandamus lies, since Respondents are obligated to take - 5 - NC: 2025:KHC:2807 WP No. 512 of 2025 cognizance of the registered sale deed obtained by the petitioner's father on 28.6.1968. 5. For the reasons stated supra, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.3 is forthwith directed to effect changes in the RTC by taking cognizance of the sale deed obtained by petitioner's father in respect of 20 guntas of land in Survey No.102. (iii) This exercise shall be accomplished within a period of six weeks from the date of receipt of certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 35