- 1 - NC: 2025:KHC:10197 WP No. 1312 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 1312 OF 2025 (KLR-RES) BETWEEN: SMT.G. MAHALAKSHMI, W/O. LATE KRISHNASWAMY, AGED ABOUT 69 YEARS, R/AT KODAVATHI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT 572 111. PETITIONER (BY SRI. THIMMAIAH K H.,ADVOCATE) AND: 1. THE REVENUE SECRETARY, GOVERNMENT OF KARNATAKA, M.S. BUILDING, DR. AMBEDKAR ROAD, BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR 572101. 3. THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR 572101. 4. THE TAHSILDAR, KUNIGAL TALUK, TUMKUR DISTRICT 572142. 5. THE REVENUE INSPECTOR, YADIYUR, YADIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT - 572142. 6. SRI. VEERANNA, S/O. LATE KEMPAIAH, MAJOR IN AGE, Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10197 WP No. 1312 of 2025 7. SRI. LAKSHMAIAH, S/O. LATE KEMPAIAH, MAJOR IN AGE, 8. SRI. THAMMAIAH, S/O. LATE KEMPAIAH, MAJOR IN AGE, 9. SRI. SIDDALINGAIAH, S/O. LATE KEMPAIAH, MAJOR IN AGE, 10. SRI. SRINIVAS, S/O. LATE RAMANNA, MAJOR IN AGE, RESPONDENTS NO.6 TO 10, RESIDING AT KODAVATHI VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT -572142. RESPONDENTS (BY SRI. K. MANJUNATH., HCGP FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORD ON THE FILE OF DEPUTY COMMISSIONER, TUMKUR, TUMKUR DISTRICT IN R.P. NO.156/2023 AND FROM THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION, TUMKUR IN R.A.(KUN) NO.681/2022 AND SET ASIDE THE IMPUGNED ORDER AT ANNEXURE - Y DATED 4-11- 2024 PASSED BY THE DEPUTY COMMISSIONER, TUMKUR DISTRICT IN R.P. NO. 156/2023 AND THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR DATED 28-8- 2023 IN R.A (KUN) NO.681/2022 AND ANNEXURE-U CONSEQUENTLY DIRECTING THE RESPONDENTS NO.1 TO 5 TO DELETE THE NAMES IN COLUMN NO.9 OF THE RTC EFFECTED BASED ON THE M.R. NO.3/1995-96 AND M.R. NO.4/1995-96 BY ALLOWING THIS WRIT PETITION GRANT AN INTERIM ORDER TO STAY THE IMPUGNED ORDER AT ANNEXURE-U DATED 28-8-2023 PASSED BY THE ASSISTANT COMMISSIONER, TUMKUR SUB- DIVISION IN R.A. (KUN) NO.681/2022 AND THE IMPUGNED ORDER PASSED BY THE DEPUTY COMMISSIONER IN R.P. NO.156/2023 DATED 4-11-2024 AT ANNEXURE-Y AND ETC,. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:10197 WP No. 1312 of 2025 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The Revenue entries were mutated pursuant to an inheritance proceedings and thereafter, a sale deed was executed, on the basis of which once again mutation was affected. This order of mutation in MR.4/1995-96 and the earlier mutation were challenged before the Assistant Commissioner. The contention urged by the petitioner was that he also had a mutation of the MR.No.8/1996-97 and that there was no land in existence as claimed by the purchaser and therefore, the mutation in their favor ought to have been set aside. This argument has not been accepted by the Assistant Commissioner and as well as by the Deputy Commissioner. 2. In my view, the reasoning of both the Assistant Commissioner and Deputy Commissioner cannot be found fault with essentially because the mutation has been effected pursuant to a registered sale deed. 3. If the petitioner contends that in respect of the land in Survey no.71, the sale deed could not have been executed - 4 - NC: 2025:KHC:10197 WP No. 1312 of 2025 in respect of the extent shown in the sale deed, primarily, because the petitioner was in possession of that extent, this would a question which could neither be raised nor considered by the Revenue Authorities. 4. If the petitioner is to contend that he has title over any portion of survey no.71, the appropriate remedy for him would be to approach the Civil Court and establish his title and obviously if the petitioner obtains such a decree, the revenue entries would abide by the result of such a decree. 5. Therefore, I find no reason to entertain this petition therefore, the petition is dismissed subject to the above observation. Sd/- (N S SANJAY GOWDA) JUDGE PNV List No.: 1 Sl No.: 24