- 1 - NC: 2025:KHC:15252 WP No. 3465 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3465 OF 2025 (KLR-RES) BETWEEN: 1. SRI.VINOD SUBRAMANI G S/O LATE CAPT. G. GOKULANATHAN AGED ABOUT 51 YEARS R/AT NO.145, CHARLES CAMPBELL ROAD, COXTWON, JEEVANAHALLI BANGALORE-560005 2. SRI. SATHISH.S, SON OF K SRINIVAS, AGED ABOUT 45 YEARS, R/AT 116, NEAR GOVT. PRIMARY SCHOOL, BELTHUR VILLAGE, BIDARAHALLI HOBLI, BENGALURU - 560 067 3. SRI. CHANDRASHEKAR SON OF NAGARAJ, AGED ABOUT 54 YEARS, R/AT NO. 414, SRI. MARUTHI LAYOUT, BELTHUR VILLAGE, KADUGODI POST, BENGALURU EAST TALUK, BENGALURU 560 067 4. SRI. N RAMESH, SON OF LATE NARAYANAPPA @ SATHYNARAYANAPPA, AGED ABOUT 45 YEARS, R/AT BELTHUR VILLAGE, BIDARAHALLI HOBLI, KADUGODI POST, BENGALURU EAST TALUK BENGALURU- 560 067 5. SRI. DAYANAND GOWDA M.C, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15252 WP No. 3465 of 2025 SON OF CHANDRE GOWDA, AGED ABOUT 27 YEARS, R/AT GANDLAHALLI VILLAGE AND POST, KSABA HOBLI, SRINIVASPURA TALUK, KOLAR DISTRICT 563 126 …PETITIONERS (BY SRI. D.R.RAVISHANKAR., SENIOR COUNSEL FOR SMT. N. VANDANA., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU 560001 KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY 2. THE ASSISTANT COMMISSIONER BENGALURU NORTH KANDAYA BHAVAN, KG ROAD, BENGALURU 560009 KARNATAKA 3. THE SPECIAL TAHSILDAR K.R PURAM, BANGALURU EAST TALUK BENGALURU - 560036 4. M/S. ASHOK CORPORATION, REPRESENTED BY ITS MANAGING PARTNER SRI. K. KURIAN, AGED ABOUT 65 YEARS, OFFICE AT F 19, GOLDEN ORCHID, 10/8, KASTURBA ROAD, BENGALURU 560 001 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-3; SRI. M.UNNIKRISHNAN., ADVOCATE FOR R-4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE PROCEEDINGS BEARING NO. RRT (DISPUTE) 446/24-25 INITIATED BY THE RESPOINDENT NO. 3/SPEICAL TAHSILDAR, - 3 - NC: 2025:KHC:15252 WP No. 3465 of 2025 BENGALURU EAST TALUK, K.R.PURA DATED NIL PRODUCED VIDE ANNX-L, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petition is filed challenging the initiation of proceedings on the request of respondent No.4, who made a request to the Thasildar to mutate its name in the revenue records. 2. The claim of respondent No.4 was that the property originally belonged to Mr.Major M. Govindaswamy and he had executed a registered Will in his favour and, therefore, the katha would have to be changed in his name. The respondent No.4 also putforth the contention that in a suit for specific performance filed by D.Madhavamurthy and V.D. Renubai, Govindaswamy had admitted that he had sold the property to respondent No.4 and ultimately the suit for specific performance was dismissed and in the - 4 - NC: 2025:KHC:15252 WP No. 3465 of 2025 light of the statement by the kathedar, Govindaswamy, the name of respondent No.4 was required to be entered in the revenue records. The petitioner has produced the copy of the application that was made with the Thasidar, whereby a request was made to enter the name of respondent No.4 in the RTC. The said letter reads as follows - " This is to request you to issue an RTC in the name of M/s Ashoka Corporation, for the new PODHI NO: 143, allotted to the original grantee, Major R Govindswamy for the land at Seeghalli Village, Hoskote Taluq, Bangalore Rural District. The said late Major R. Govindswamy, left a registered will, transferring ownership of the said land, under survey no: 118/3, to the name of M/s Ashoka Corporation. The following judgements were passed in the Court: A) First Judgement, Original Suit No: 93. Date of judgement: 16.06.1994. In the Court of I Addl. Civil Judge, Bangalore District. B) Second Judgement dated: 02.08.1997, in the II Addl. District & Sessions Judge, Bangalore Rural District. - 5 - NC: 2025:KHC:15252 WP No. 3465 of 2025 C) Third Judgement in the Court of the Addl. Dist & Sessions Judge, Fast Tract Court-IV, Bangalore Rural District, dated 15.09.2006: R.A.25/1994. D) Fourth Judgement, dated 04.12.2020: RSA No: 3418 of 2006 in the High court of Karnataka. As the matter was in the Court for the last thirty years, we could not get the PODHI issued in our name. With the PODHI process now being completed, and being allotted new NO: 143, we kindly request you, to issue the RTC in the name of Ashoka Corporation." 3. As could be seen from the said letter, the entire basis for staking a claim to be registered as a kathedar was on the basis of the registered Will and the petitioner only relied upon the judgments in support of his claim. It is settled law that whenever a person especially a person who is not related to the kathedar, propounds a Will and contends that he has succeeded to the property, that person will have to approach the Civil Court and secure a declaration that he has succeeded to the property and has became its owner and until the declaration is obtained, his name cannot be entered in the revenue - 6 - NC: 2025:KHC:15252 WP No. 3465 of 2025 records. Since the entire basis of the claim made is on the basis of the Will, the initiation of proceedings with the Thasildar is without jurisdiction and consequently they are quashed. 4. Liberty is, however, reserved to respondent No.4 to approach the Civil Court to establish that there is a bequest in his favour made by the kathedar Mr.Major M.Govindaswamy. In the event the Civil Court grants a decree of declaration in favour of the petitioner that he had succeeded to the property on the basis of the Will, it is needless to state that the revenue entries will have to be accordingly changed. Subject to the above observation, this Writ Petition is allowed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 36