- 1 - NC: 2025:KHC:7512 WP No. 4253 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. 4253 OF 2025 (KLR-RES) BETWEEN: SRI. MADHUSUDAN V. S/O LATE SRI. VENKATA RAMANAPPA, AGED ABOUT 47 YEARS, RESIDING AT NO.475, 1ST 'C' MAIN ROAD, 16TH CROSS, J.P.NAGAR, 4TH PHASE, BENGALURU - 560 078. …PETITIONER (BY SRI. RAVISHANKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, MINISTRY OF REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE THASILDAR, ANEKAL TALUK, BENGALURU URBAN DISTRICT - 563 101. …RESPONDENTS (BY SMT. B.P. RADHA, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7512 WP No. 4253 of 2025 DIRECT THE RESPONDENT NO.2 TO CONSIDER THE ANNEXURE - C DATED 13.03.2023 AND TO TAKE APPROPRIATE ACTION WITHIN THE TIME BOUND MANNER BY ALLOWING THE ABOVE PETITION. 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 Petitioner is aggrieved by the inaction on the part of respondent No.2 in not considering the petitioner's representation submitted as per Annexure-C. 2. Petitioner placing reliance on the release deed executed by his three sisters which is evidenced at Annexure-D is seeking a mandamus at the hands of this Court. 3. Learned AGA representing on behalf of the State would point that since the land in question is a granted land, the release deed could not have been executed and petitioner does not acquire any right. She would further point out that this registered release deed - 3 - NC: 2025:KHC:7512 WP No. 4253 of 2025 cannot be looked into as the land in question is a granted land. 4. Heard learned counsel for the petitioner and learned AGA for the State. Perused the release deed which is evidenced at Annexure-D. This Court has also given its anxious consideration to the grant order which is produced at Annexure-A. 5. It is an undisputed fact that the land in question was originally granted to the petitioner's mother, Puttamma, through an order dated 19.10.1996. While it is also acknowledged that the petitioner does not belong to a depressed class, this aspect becomes irrelevant considering the nature of the inheritance involved. Following the demise of the original grantee, Puttamma, her legal heirs namely, the petitioner and his three sisters became joint owners of the granted land by virtue of inheritance. Once property is inherited by the legal heirs falling under the category of Class-I heirs as per the Hindu Succession Act, 1956, there can be no restrictions imposed - 4 - NC: 2025:KHC:7512 WP No. 4253 of 2025 on their rights concerning ownership, transfer, or division of the inherited property. 6. Furthermore, it is important to highlight that the release deed executed in this case is a transaction carried out exclusively within the family. Specifically, it involves Class-I heirs i.e., the petitioner and his three sisters. All three sisters have willingly and voluntarily executed a registered release deed in favour of the petitioner, relinquishing their respective shares in the granted land. This voluntary release of shares ensures that ownership remains within the family, and as such, no violation of any legal provision can be attributed to this transaction. The release deed, being lawful and executed in accordance with proper legal procedures, strengthens the petitioner’s claim over the property. 7. It is also pertinent to note that the scope of inquiry under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964, is quite limited. Once a registered release deed is duly executed by the lawful joint owners, - 5 - NC: 2025:KHC:7512 WP No. 4253 of 2025 the jurisdiction of the Tahsildar is confined strictly to the procedural formalities mandated by law. The Tahsildar, therefore, has no authority to disregard the registered release deed or to refuse the mutation of land records based on such a valid document. Once there is a lawful conveyance of ownership through a registered deed, the respondent No.2 has no discretion in declining the effectuation of changes in official records. The failure of the respondents to act upon the petitioner’s valid representation amounts to a clear violation of the legal obligations imposed by Sections 128 and 129 of the Karnataka Land Revenue Act. 8. In light of these facts, this Court holds the view that since the petitioner’s sisters have lawfully and voluntarily conveyed their undivided shares in favour of the petitioner through a duly registered release deed, a mandatory duty arises for respondent No.2, the Tahsildar, to update the land records accordingly. The mutation of the petitioner’s name in the land records should be carried - 6 - NC: 2025:KHC:7512 WP No. 4253 of 2025 out in line with the terms of the registered release deed without any further delay. Therefore, this case warrants the issuance of a writ of mandamus compelling the respondent authorities to fulfill their statutory obligations and effectuate the necessary changes in the revenue records. 9. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) Respondent No.2/Tahsildar is hereby directed to mutate petitioner's name by taking cognizance of the release deed dated 17.02.2023 evidenced at Annexure-D; (iii) This exercise shall be accomplished within a period of three months from the date of receipt of a copy of this order; (iv) The respondent No.2/Tahsildar shall forthwith remit a copy of the representation annexing certified copy of release deed to - 7 - NC: 2025:KHC:7512 WP No. 4253 of 2025 Assistant Commissioner for further course of action; (v) The Assistant Commissioner, on receipt of application and registered release deed, shall ensure that petitioner's name is mutated to the petition land in terms of registered release deed dated 17.02.2023. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 38