- 1 - NC: 2025:KHC:6548 WP No. 2337 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2337 OF 2025 (KLR-RES) BETWEEN: 1. SRI. B. HARISH S/O LATE BACHANNA AGED ABOUT 53 YEARS RESIDING AT THARABAHALLI VILLAGE NANDAGUDI HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT PINCODE-562 114. …PETITIONER (BY SRI. A.G. NAGARAJA, ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT REPTD. BY ITS SECRETARY VIDHANA SOUDHA BENGALURU-560 001. 2. THE TAHASILDAR, HOSAKOTE TALUK HOSAKOTE BENGALURU RURAL DISTRICT PIN-562 114. 3. THE TAHASILDAR, (GRADE-2) HOSAKOTE TALUK HOSAKOTE BENGALURU RURAL DISTRICT. PIN-562 114. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6548 WP No. 2337 of 2025 4. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION DODDBALLAPUR BENGALURU RURAL DISTRICT PINCODE-561 203. 5. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BEERASANDRA DEVANAHALLI TALUK BENGALURU RURAL DISTRICT PINCODE-562 110. 6. SRI. CHIKKAPPAIAH .S S/O LATE SONNAPPA AGED ABOUT 70 YEARS 7. SMT. MANJULA .C D/O CHIKKAPPAIAH .S AGED ABOUT 46 YEARS 8. SMT. VEENA .C W/O SHANKARAPPA AGED ABOUT 44 YEARS 9. SRI. MURALI MOHAN K.C. S/O CHIKKAPPAIAH AGED ABOUT 42 YEARS 10. SRI. CHANDRA MOHAN .K.C S/O CHIKKAPPAIAH AGED ABOUT 40 YEARS RESPONDENTS NO. 5 TO 10 ARE RESIDING AT RAJAKALLAHALLI VILLAGE VEMAGAL HOBLI, KOLAR TALUK KOLAR DISTRICT. PINCODE-563 102. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5; SRI. GANESH .G.G, ADVOCATE FOR C/R6 TO R10) - 3 - NC: 2025:KHC:6548 WP No. 2337 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH IMPUGNED ORDER PASSED BY THE DEPUTY COMMISSIONER, RURAL DISTRICT AT BANGALORE IN REVISION PETITION NO. 61/24 DATED 31/12/2024 PRODUCED AT ANNEXURE-A. 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 petition is filed assailing the divergent orders of the revenue authorities relating to effecting change of katha based on an registered Will. 2. Petitioner is asserting title over the petition land bearing Sy.No.28/2 measuring 2 acres 8 guntas alleging that this property is bequeathed by one Hanumakka in favour of petitioner under registered Will dated 17.07.2002. 3. 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 vs. The Special Deputy Commissioner, Bengaluru - 4 - NC: 2025:KHC:6548 WP No. 2337 of 2025 District & Others1. The Deputy Commissioner's order aligns with the statutory mandate of Sections 128 and 129 of the Karnataka Land Revenue Act, 1964, which necessitates that disputes concerning title be resolved through civil adjudication rather than through revenue proceedings. Furthermore, the decision is consistent with the authoritative pronouncement of the Full Bench judgment cited supra which reinforces the principle that mutation proceedings are not the appropriate forum for resolving contentious claims based on Wills. 4. In the case on hand, though petitioner is disputing the locus of private respondents and is asserting that the Will being registered is entitled to get his name mutated. This Court is not inclined to accede to the said argument. The mutation based on Will is not contemplated under Section 128 and 129 of the Karnataka Land Revenue Act. Petitioner has to seek appropriate 1 ILR 2002 Kar 2750 - 5 - NC: 2025:KHC:6548 WP No. 2337 of 2025 declaration or has to seek probate at the hands of the Probate Court. 5. Reserving liberty to the petitioner, the order passed by the Deputy Commissioner in relegating the petitioner to establish the Will in the manner known to law does not suffer from any infirmity or illegality. The Deputy Commissioner and the Tahsildar shall ensure that RTCs are maintained in the name of Hanumakka which will be subject to outcome of result at the hands of the competent Civil Court. 6. Writ petition is accordingly dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 26