- 1 - NC: 2025:KHC:5272 WP No. 1525 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.1525 OF 2025 (KLR-RES) BETWEEN: 1. SRI. K.N. SHANKARANARAYANA S/O LATE K.M. NARAYANASWAMY AGED ABOUT 67 YEARS RESIDING AT NANGALI VILLAGE AND POST BYRAKUR HOBLI, MULABAGAL TALUK KOLAR DISTRICT-563 131. …PETITIONER (BY SRI. RAJESH MAHALE, SENIOR ADVOCATE FOR SRI. THILAK ITTANGUR .B.N, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY THE PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDINGS BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR-563 101. 3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR-563 101. 4. THE TAHSILDAR MULABAGAL TALUK, MULABAGAL-563 131. 5. SRI K.N. SUBRAMANYAM S/O LATE K.M. NARAYANASWAMY AGED ABOUT 70 YEARS RESIDING AT NANGALI VILLAGE AND POST Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5272 WP No. 1525 of 2025 BYRAKUR HOBLI MULABAGAL TALUK KOLAR DISTRICT-563 131. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R4; SRI. K. SUBRAMANYA, ADVOCATE FOR R5) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 25.09.2024 IN RAP NO. 126/2024 PASSED BY DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR A COPY OF WHICH IS PRODUCED AT ANNEXURE-D. 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 accept notice for respondent Nos.1 to 4. 2. The captioned petition is filed assailing the order passed by the respondent No.2/Deputy Commissioner who has reversed the order of the respondent No.3/Assistant Commissioner who directed the Tahsildar to mutate petitioner's name based on registered release deed dated 19.04.2022 executed by the erstwhile owner. - 3 - NC: 2025:KHC:5272 WP No. 1525 of 2025 3. Heard learned Senior Counsel appearing for the petitioner and learned counsel appearing for private respondent No.5 and learned AGA for respondent Nos.1 to 4. 4. The short point that falls for consideration before this Court is as to whether respondent No.2/Deputy Commissioner could have reversed the order of the respondent No.3/Assistant Commissioner only on the ground that suit for specific performance filed by respondent No.5 is pending consideration in O.S.No.96/2021. My answer is emphatically 'No'. 5. The Assistant Commissioner taking cognizance of a registered release deed executed in favour of petitioner rightly directed to mutate petitioner's name. Respondent No.5, based on an agreement of sale executed by K.N.Shekar, has filed a suit seeking relief of specific performance in O.S.No.96/2021 against the said Shekhar. If defendant in the pending suit has executed a registered release deed in favour of petitioner, respondent No.5 as a - 4 - NC: 2025:KHC:5272 WP No. 1525 of 2025 agreement holder cannot object the mutation proceedings. Once there is a registered document, the revenue authorities are under a bounden duty to take cognizance of transfer of immovable property under registered document and act accordingly as per the mandate provided under Sections 128 and 129 of the Karnataka Land Revenue Act. However, the release deed obtained by petitioner will be subject to outcome of the pending suit in O.S.No.96/2021. Respondent No.5 has to work out his remedy in a pending suit. Respondent No.5 is not precluded from seeking appropriate orders in pending suit. Therefore, this Court is of the view that the order of the Deputy Commissioner clearly runs contrary to mandate provided under Sections 128 and 129 and therefore, the same is not sustainable. 6. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; - 5 - NC: 2025:KHC:5272 WP No. 1525 of 2025 (ii) The impugned order dated 25.09.2024 passed by respondent No.2/Deputy Commissioner vide Annexure-D is hereby set aside; (iii) However, it is made clear that change of katha in favour of petitioner based on registered release deed will be subject to outcome of pending suit in O.S.No.96/2021. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 46