- 1 - NC: 2025:KHC:14675 WP No. 4158 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4158 OF 2025 (KLR-RES) BETWEEN: 1. SMT. MUTHAMMA AGED ABOUT 87 YEARS W/O LATE KORAGU GOWDA ADILU HOUSE, POST KANIYUR VILLAGE BELTHANGADY TQ., D K 574217 REP BY HER GPA HOLDER SRI ANANDA GOWDA AGED ABOUT 56 YEARS S/O KORAGU GOWDA ADILU HOUSE,POST:KANIYUR VILLAGE, BELTHANGADY TQ., D.K-574217. …PETITIONER (BY SRI. NATARAJA BALLAL A., ADVOCATE) AND: 1. DEPUTY COMMISSIONER D K DIST, MANGLAURU 575 001. 2. ASSISTANT COMMISIONER PUTTUR SUB DIVSIION PUTTUR 574201 3. TASHILDAR BELTHANGADY TALUK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14675 WP No. 4158 of 2025 D K DIST 574214 4. SRI RAVIRAJ HEGDE AGEDA BOTU 64 YEARS S/O SRI CHANDRARAJ HEGDE POYYA HOUSE POST KANIYUR BELTHANGADY TQ D K 574217 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP FOR R-1 TO R-3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS QUASH THE ORDER OF THE R-1 DTD 19.11.2024 BEARING NO. CDS RAP 103/2022/B4 CONFIRMING THE ORDER OF THE R-2 DTD 20.07.2021 IN PROCEEDINGS NO. RRT SR 177/2016-17 AT ANNX-A AND B, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The order of the Land Tribunal was passed in favour of the petitioner conferring occupancy rights in respect of the following lands: - 3 - NC: 2025:KHC:14675 WP No. 4158 of 2025 ²æà PÉÆgÀUÀÄ UËqÀ PÀtAiÀÄÆgÀÄ 194-1©(¦2) 0-62 J¯ïDgïªÉÊ:115:74-75 194-1©(¦4) 1-92 194-12(¦4) 0-10 194-12(¦6) 0-05 194-12(¦2) 0-48 194-7(¦2) 0-11 194-8(¦4) 0-07 194-12(¦9) 0-31 194-8(¦3) 0-15 194-13(¦3) 0-32 dĪÀÄÆè 4-13 2. The dispute relates to Sy.No.194-1B(P2) measuring 62 cents and Sy.No.194-1B(P4) measuring 1 acre 92 cents. 3. It was the case of the contesting respondent that though the petitioner was granted in all 2 acres 54 cents in Sy.No.194-1B(P2) and Sy.No.194-1B(P4), the Revenue Authorities had mutated his name in respect of 2 acres 69 cents, i.e., 15 cents extra and, therefore, the order of mutation was required to be rectified. - 4 - NC: 2025:KHC:14675 WP No. 4158 of 2025 4. The Assistant Commissioner accepted this plea and allowed the appeal of the contesting respondent. This order has been confirmed in revision. Being aggrieved by this, the petitioner is before this Court. 5. Learned counsel for the petitioner points out that the petitioner had claimed 4 acres 13 cents and the Land Tribunal granted 4 acres 13 cents. He submits that so long as the total extent of land that the petitioner claimed was granted to her, the mutation affected in accordance with the order of the Land Tribunal cannot be found fault. 6. He also submits that the order of mutation was made about 35 years ago and that order is sought to be disturbed by the contesting respondent. 7. It is to be stated here that the Land Tribunal did grant a total extent of 4 acre 13 cents, but this extent of 4 acre 13 cents were spread over various survey numbers and specifically in respect of 194- - 5 - NC: 2025:KHC:14675 WP No. 4158 of 2025 1B(P2) and 194-1B(P4), the petitioner had only be granted 62 cents and 1 acre 92 cents i.e., in all 2 acres 54 cents. 8. Consequently, the order of mutation in respect of these two survey numbers could not be in excess of 2 acre 54 cents. 9. The Assistant Commissioner and the Deputy Commissioner are therefore right in reducing the extent to reflect the actual extent of the land granted to the petitioner by the order of the Land Tribunal. 10. I find no infirmity in the order passed by the Authorities and this petition is therefore dismissed. 11. Learned counsel however submits that there is a civil suit pending between the parties and, therefore, the revenue entries should abide the result of the said suit. 12. In my view, in the event, if the petitioner succeeds in the Civil Court, it is obvious that the revenue entries - 6 - NC: 2025:KHC:14675 WP No. 4158 of 2025 would have to abide by the result of the suit. Until then, the entries as has to be registered in accordance with the order of the Land Tribunal which has ordered to be done under the impugned order. 13. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 16