- 1 - NC: 2025:KHC:8825 WP No. 1331 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1331 OF 2025 (KLR-RES) BETWEEN: SRI. THIMMARAYAPPA, S/O LATE MUDDAPPA, AGED ABOUT 66 YEARS, OCCUPATION: AGRICULTURAL, RESIDING AT: NEELIHALLI, CHINNENAHALLI POST, MIDIGESHI HOBLI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 132. …PETITIONER (BY SRI. KANTEPPA HULEPPA, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU TQ AND DISTRICT TUMAKURU - 572 132. 3. THE TAHSILDAR, MADHUGIRI, MADHUGIRI TALUK, TUMAKURU DISTRICT - 572 132. …RESPONDENTS (BY SMT.B.P.RADHA, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8825 WP No. 1331 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 03.05.2024 ANNEXURE - G AND EFFECT KHATA IN TERMS OF THE REGISTERED WILL TO THE NAME OF THE PETITIONER IN RESPECT OF PETITION LANDS I.E., IN (01) SY. NO.12/2. (02) SY.NO.106. I.E., IN 00 ACURE 19 GUNTAS IN 01 ACURE 18 GUNTAS OF THIPPAGONDANAHALLI VILLAGE, MIDIGESHI HOBLI, MADHUGIRI TALUK EXPEDITIOUSLY. 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 This captioned petition is filed seeking mandamus against the respondents to consider the petitioner's representation dated 03.05.2024 and to effect change of khata in terms of registered Will obtained by the petitioner from his mother Smt. Akkamma. 2. The issue of effecting mutation based on a Will is well-settled in law and has been conclusively addressed by the Full Bench of this Court in C.N. Nagendra Singh v. The Special - 3 - NC: 2025:KHC:8825 WP No. 1331 of 2025 Deputy Commissioner, Bengaluru District & Others-ILR 2002 Karnataka 2750. In the present case, the petitioner seeks to have his name mutated in the revenue records on the strength of an alleged registered Will executed in his favor. However, there exists a serious dispute between the parties regarding the validity and authenticity of the said Will. 3. Under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964, revenue authorities do not possess the jurisdiction to examine or adjudicate upon the genuineness or correctness of a Will. Their role is limited to effecting changes in revenue records based on undisputed documents, and they are not empowered to conduct an inquiry into contested claims of succession. Given that the Will in question is under dispute, the 4th respondent - Tahsildar and the 2nd respondent - Deputy Commissioner have rightly declined to act upon it and have directed the petitioner to establish his title through proper legal proceedings before a competent Civil Court. 4. The Deputy Commissioner's order aligns with the statutory mandate of Sections 127 and 129 of the Karnataka Land Revenue Act, 1964, which necessitate that disputes concerning title be resolved through civil adjudication rather - 4 - NC: 2025:KHC:8825 WP No. 1331 of 2025 than through revenue proceedings. Furthermore, the decision is consistent with the authoritative pronouncement of the Full Bench of this Court in C.N. Nagendra Singh (supra), which reinforces the principle that mutation proceedings are not the appropriate forum for resolving contentious claims based on Wills. The petitioner, however, has been granted liberty to substantiate his rights by instituting appropriate proceedings before the competent Civil Court. In view of these considerations, the present petition stands dismissed. 5. In the light of the law laid down by the Full Bench in the judgment cited supra, this Court cannot issue mandamus unless the petitioner is able to substantiate the very execution of the Will in a manner known to law. The respondents are not obligated to effect change of khata by taking note of the testamentary succession. Reserving liberty to the petitioner, the writ petition stands disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE SJK List No.: 1 Sl No.: 5