- 1 - NC: 2025:KHC:10997 WP No. 4028 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4028 OF 2025 (KLR-RES) BETWEEN: 1. SRI KRISHNA NAIK S/O LATE DEVALA NAIK, AGED ABOUT 71 YEARS, 2. SMT. ANUSUYA BAI C/O KOTI NAIK, AGED ABOUT 57 YEARS, 3. SMT. SAKAMMA W/O LATE VENKATESH NAIK, AGED ABOUT 47 YEARS, 4. KU. DIVYA S.V., D/O LATE VENKATESH NAIK, AGED ABOUT 23 YEARS, 5. SRI. AKASH S/O LATE VENKATESH NAIK, AGED ABOUT 20 YEARS 6. KUM SNEHA V., D/O LATE VENTESH NAIK AGED ABOUT 19 YEARS, P-1 TO 6 ARE R/AT KORATAGERE LAMBINI HATTI VILLAGE, JAGALUR TALUK, DAVANAGERE DISTRICT, PINCODE-577528. …PETITIONERS (BY SRI. MANJUNATH R P., ADVOCATE) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10997 WP No. 4028 of 2025 AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY TO THE GOVERNMENT REVENUE DEPARTMENT M.S. BUILDING, DR B.R. AMBEDKAR VEEDHI BENGALURU-560001. 2. THE DEPUTY COMMISSIONER DC OFFICE DAVANAGERE DIVISION KARURU INDUSTRIAL AREA, DAVANAGERE DISTRICT -577 006 3. THE TAHSILDAR JAGALURU TALUK, DAVANAGERE DISTRICT -577528 4. SRI. KUMAR NAIK S/O MURTHY NAIK, AGED ABOUT 45 YEARS, RESIDING AT KORTAGERE LAMBINI HATTI VILLAGE, JAGALURU TALUK, DAVANAGERE DISTRICT-577528 5. THE ASSISTANT COMMISSIONER DAVANGERE DIVISION DAVANAGERE DISTRICT - 577006 …RESPONDENTS (BY SRI. MANJUNATH.K., HCGP FOR R-1 TO R-3 AND R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED. 09.01.2025 PASSED BY THE R-2 IN CASE R.A./CR-01/2024-25 FOUND AT ANNEXURE-A, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:10997 WP No. 4028 of 2025 ORAL ORDER 1. The High Court Government Pleader accepts notice for respondents 1 to 3 and 5. 2. The order of mutation was made on the basis of the registered Will. This was challenged by the petitioners herein who claimed to be the Class-II heirs of the deceased. The Assistant Commissioner accepted the plea and set aside the order of mutation which led to filing of revision. 3. The Deputy Commissioner has reversed the order of the Assistant Commissioner and held that the mutation made in favour of the contesting respondent in MRH.No.15/2017-18 was not challenged and he has also gone on to hold that there were no documents produced to indicate the legal right of the petitioners to change the entries in their favour. - 4 - NC: 2025:KHC:10997 WP No. 4028 of 2025 4. In my view, having regard to the fact that the petitioners are not Class-I heirs and their entitlement will have to be established by the Civil Court, the Deputy Commissioner was justified in allowing the revision and setting aside the order of the Assistant Commissioner. I therefore find no reason to entertain this writ petition. 5. However, liberty is reserved to the petitioners to approach the Civil Court and secure a decree that they are legally entitled to succeed to the property of the deceased khatedar Seethabai. If such a decree is granted, it is obvious that the entries shall be made in accordance with the decree. 6. Subject to the above, the writ petition is dismissed. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 2 Sl No.: 35