- 1 - NC: 2025:KHC:7675 WP No. 3852 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3852 OF 2025 (KLR-RES) BETWEEN: 1. SRI. VISHNUKANTH G. KATHARE AGED 62 YEARS S/O LATE SRI. GANAPATHI N. KATHARE AND LATE SMT. LAXMI BAI G. KATHARE RESIDING AT PID NO. 1-56-1, NO.1 12TH KM, TUMKUR ROAD, PEENYA OPP. TO PEENYA TELEPHONE EXCHANGE BANGALORE-560 058. …PETITIONER (BY SRI. KARTHIK .N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA, DR. AMBEDKAR VEEDHI BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT DC OFFICE BUILDING K.G.ROAD, BANGALORE-560 009. 3. ASSISTANT COMMISSIONER BANGALORE NORTH TALUK 2ND FLOOR KANDAYA BHAVAN DISTRICT OFFICE ROAD AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU-560 009. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7675 WP No. 3852 of 2025 4. THE TAHASILDHAR BANGALORE NORTH TALUK GROUND FLOOR, KANDAYA BHAVAN DISTRICT OFFICE ROAD AMBEDKAR VEEDHI SAMPANGI RAMA NAGAR BENGALURU-560 009. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO IMPLEMENT THE ORDER PASSED BY THE ASSISTANT COMMISSIONER DATED 25.11.2024 IN RA/BNT-204/2024 (ANNEXURE-D) BY CONSIDERING THE REPRESENTATION OF THE PETITIONER DATED 17.12.2024 HEREIN PRODUCED AT (ANNEXURE-E) AND TAKE APPROPRIATE ACTION TO FORTHWITH ENTER THE NAME OF THE PETITIONER'S MOTHER SMT. LAXMI BAI W/O GANAPATHI N. KATHARE IN THE RTC PERTAINING TO THE LANDS IN SY NO. 10/5 FOR AN EXTENT MEASURING 15 GUNTAS SITUATED IN PEENYA VILLAGE, YESHWANTHPURA-1 HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT. 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 The captioned petition is filed alleging inaction on the part of respondent No.4/Tahsildar who has declined to mutate petitioner's name to the RTC despite directions - 3 - NC: 2025:KHC:7675 WP No. 3852 of 2025 issued by the respondent No.3/Assistant Commissioner dated 25.11.2024 as per Annexure-D. 2. Heard learned counsel for the petitioner and learned HCGP appearing for the respondents. 3. The petitioner, a senior citizen, is compelled to approach this Hon’ble Court through a writ petition due to the complete inaction of respondent No.4/Tahsildar. Despite the existence of a registered sale deed dated 02.03.1968, executed in favour of the petitioner’s mother, no action has been taken. As the sole surviving Class-I heir, the petitioner has submitted a detailed representation to respondent No.4, requesting to take cognizance of the sale deed and the issuance of inheritance Khata in accordance with Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. 4. Though respondent No.3/Assistant Commissioner vide order dated 25.11.2024 as per Annexure-D has issued directions to the respondent - 4 - NC: 2025:KHC:7675 WP No. 3852 of 2025 No.4/Tahsildar, there is complete inaction on the part of the respondent No.4/Tahsildar. Therefore, this is a fit case where a mandamus lies. petitioner has a legal right to seek change of katha based on registered sale deed obtained by petitioner’s mother. Respondent No.4 is equally obligated to act upon the sale deed and effect change of katha. 5. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) Respondent No.4/Tahsildar adhering to the directions issued by the respondent No.3/Assistant Commissioner shall verify the records and ascertain whether the petition land was subjected to any acquisition proceedings; (iii) In the event, the land is free from any acquisition, respondent No.4/Tahsildar shall act upon the registered sale deed coupled with the directions issued by the respondent No.3 as per - 5 - NC: 2025:KHC:7675 WP No. 3852 of 2025 Annexure-D and mutate petitioner's mother name in the RTC and thereafter effect inheritance katha in favour of petitioner; (iv) This exercise shall be accomplished within a period of three months from the date of receipt of a copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 34