- 1 - NC: 2025:KHC:7514 WP No. 4581 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.4581 OF 2025 (KLR-RES) BETWEEN: 1. SRI. A.C. ASHOKA S/O LATE CHINNAMAIAH AGED ABOUT 52 YEARS, 2. SMT. A.C. CHONDAMMA W/O LATE CHINNAMAIAH AGED ABOUT 75 YEARS, BOTH ARE RESIDENTS OF BADAGARAKERI VILLAGE AND POST, PONNAMPET TALUK, KODAGU -571 249. …PETITIONERS (BY SRI. SACHIN B.S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, KODAGU TALUK, MADIKERI - 571 201. 2. THE ASSIATNT COMMISSIONER, MADIKERI SUB DIVISION, MADIKERI -571201. 3. THE TAHASILDAR PONNAMPATE TALUK, PONNAMPAETE TOWN AND POST, KODAGU - 571 216. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7514 WP No. 4581 of 2025 4. THE REVENUE INSPECTOR PONNAMPET HOBLI, PONNAMPET TOWN AND POST, KODAGU -571216. 5. THE TAHSILDAR VIRAJAPET TALUK VIRAJPER TOWN AND POST, KODAGU - 571 218. 6. SRI. M.C. NANDA S/O M.S. CHITTIAPPA ARVATHKOLU VILLAGE AND POST, PONNAMPETE TALUK KODAGU - 571 201. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 19.12.2023 IN R.P. 38/2022-23 PASSED BY THE RESPONDENT NO.1 THEREBY CONFIRMING THE ORDER DATED 29.09.2022 PASSED BY THE ASSISTANT COMMISSIONER IN R.A.NO.77/2022-23 AS PER ANNEXURE - 'A' AND 'B' AND CONSEQUENTLY ALLOW THE R.P. 38/2022-23 AS PRAYED FOR. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:7514 WP No. 4581 of 2025 ORAL ORDER This petition is filed assailing the concurrent orders passed by the respondent No.2/Assistant Commissioner and respondent No.1/Deputy Commissioner. 2. Heard learned counsel for the petitioners and learned AGA for the respondents. Perused the records. 3. The petitioners are challenging the sale deed executed by Respondent No.6 in his own favour, which was based on a General Power of Attorney (GPA) granted by the petitioners. Taking into consideration the sale deed obtained by Respondent No.6, the Assistant Commissioner has ordered the mutation of the property in his name. This decision has been subsequently upheld by Respondent No.1, the Deputy Commissioner. 4. Although the Deputy Commissioner, while dismissing the revision petition, concluded that the petitioners have not contested the sale deed dated 07.08.2021, this Court is of the view that such a finding - 4 - NC: 2025:KHC:7514 WP No. 4581 of 2025 does not preclude the petitioners from seeking appropriate remedies before a competent forum. Once a registered document is submitted to the relevant authority, the authority is obligated to update the property records (katha) in accordance with the details reflected in the sale deed. 5. The petitioners have instituted a comprehensive suit before the Civil Court under O.S.No.69/2022, wherein they have sought the following reliefs: "a) For a judgment and decree declaring that the registered power of attorney dated 26.08.2019 and sale deed dated 07.08.2021 is null and void. b) For a judgment and decree to cancel the registered deed of sale dated 07.08.2021 and registered power of attorney dated 26.08.2019 consequently declare that the plaintiffs are the title owners of the suit schedule land. c) Costs of the suit. d) Grant such other relief or reliefs that this Hon'ble Court deems fit under the circumstances of the case." - 5 - NC: 2025:KHC:7514 WP No. 4581 of 2025 6. On examining the prayer sought in the plaint, it is clearly evident that the petitioners have already questioned the sale deed obtained by the respondent No.6. This GPA dated 26.08.2019 and sale deed dated 07.08.2021 are now challenged and declaration is sought to declare these two documents as null and void. 7. In view of petitioners having approached the Civil Court, this Court is not inclined to grant any indulgence. The mutation effected by the revenue authorities acting on the registered sale deed dated 07.08.2021 will be subject to the outcome of the pending suit. 8. Reserving liberty to the petitioners to seek redressal of their grievances before the competent civil Court, the captioned petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 43