- 1 - NC: 2025:KHC:11588 WP No. 5902 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 5902 OF 2025 (KLR-RES) BETWEEN: 1. SRI CHIKKA SIDDAIAH S/O CHIKUSAUIAH AND LATE MANCHAMMA AGED ABOUT 54 YEARS, R/AT KUDANAHALLY VILLAGE, SOLLAPURA POST SOMESHWARA VARAUNA HOBLIE MYSORE TALUK, MYSORE DISTRICT-570010. 2. SMT DEVAMMA D/O LATE MADAIAH AGED ABOUT 73 YEARS 3. SMT. DEVAIAH D/O LATE MADAIAH, AGED ABOUT 73 YEARS, 4. MAHADEVAMMA D/O LATE MADAIAH AGED ABOUT 64 YEARS PETITIONER No.2 TO 3 ARE R/AT, NO.73, JANTHAGALLI, DEVALAPURA VILLAGE, VARUNA HOBLE, MYSORE TALUK, MYSORE DISTRICT-570010. …PETITIONERS (BY SRI. C.P.PUTTARAJA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSORE DISTRICT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11588 WP No. 5902 of 2025 MYSORE OFFICE AT SIDDARTHA NAGARA MYSORE, TOWN MYSORE 570001. 2. ASSISTANT COMMISSIONER, MYSORE DIVISION, MYSORE, OFFICE AT SIDDHARTHA NAGAR MYSORE, TOWN MYSORE-570001. 3. THE TASILDAR MYSORE TALUK, MYSORE OFFICE AT TALUK OFFICE, MYSORE CITY MYSORE -570001 4. SMT. SHIVAMMA W/O LATE SHIVALINGA, AGED ABOUT 65 YEARS, HARIJAN BEEDI, JANTHAGALLI VILLAGE, VARUNA HOBLE, MYSORE TALUK, MYSORE DISTRICT-570010 5. SMT. PARVATHI, W/O DYAVA, AGED ABOUT 60 YEARS, R/AT KIRALA VILLAGE, AAYARALLY POST, VAUNA HOBLI, MYSORE TALUK, MYSORE DISTRICT-570010. 6. SMT PUTTASIDDAMA, W/O SIDDARAJU AGED ABOUT 68 YEARS, R/AT GANGADA HOSALLY VILLAGE, KHYATHANAHALLY POST, HOMPAPURA HOBLI, H.D KOTE TALUK, MYSORE DISTRICT-571125. 7. SMT. SIDDARAJI W/O LATE KALAIAH, AGED ABOUT 58 YEARS, R/AT, HALE KESARE VILLAGE, R.B.I POST, KASABA HOBLI, MYSORE TALUK, MYSORE DISTRICT-570009. 8. SMT. D.RAJI, - 3 - NC: 2025:KHC:11588 WP No. 5902 of 2025 W/O SHIVAMAALU, AGED ABOUT 45 YEARS, R/AT HADINARU VILLAGE, CHIKKAIAHNA CHETRA HOBLI, NANJANAGUDU TALUK, MYSORE DISTRICT-570020. 9. SRI.E DODDASWAMY S/O SIDDAIAH, AGED ABOUT 43 YEARS, R/AT JANTHAGALLI VILLAGE, DEVALAPURA POST, VAUNA HOBLI, MYSORE TALUK, MYSORE DISTRICT-570010 10. CHIKKASWAMY S/O SIDDAIAH, AGED ABOUT 41 YEARS R/AT JANTHAGALLI VILLAGE DEVALAPURA POST, VAUNAHOBLI MYSORE TALUK MYSORE DISTRICT 570010 SENIOR CITIZEN BENEFIT NOT CLAIMED …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 QUASH THE ORDER OF THE 1ST RESPONDENT DATED 16-01-2025 IN R.P NO.20/2021 (RD0050000308054) PRODUCED AT ANNEXURE-A, 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 - 4 - NC: 2025:KHC:11588 WP No. 5902 of 2025 ORAL ORDER 1. An order of mutation was made in favour of the petitioner, was challenged before the Assistant Commissioner and the Assistant Commissioner has set aside the order of mutation. 2. The matter was carried by way of revision by the petitioner and, the Deputy Commissioner has allowed the revision in part and has set aside the order of mutation made in favor of the petitioner on the ground that the petitioner was trying to take advantage of the similarity in names and was essentially claiming his right under an unregistered Will of year 1962 to get the properties mutated in his favor. 3. In my view, since the claim of the petitioner is based on an unregistered Will of the year 1962 and the claim for entering his name was made only in the year 2021, the Deputy Commissioner was justified in allowing the revision and directing the katha to be - 5 - NC: 2025:KHC:11588 WP No. 5902 of 2025 restored in the name of the original Kathedar i.e., Chowda s/o Kodangi Nanjana Linga. 4. The Deputy Commissioner, by the impugned order, has also granted liberty to the petitioner to approach the Civil Court and secure an appropriate declarative decree, on the basis of which, the entries would be mutated. 5. I find no reason to entertain this petition. This petition is therefore dismissed since the liberty is already granted to the petitioner to approach the Civil Court. 6. 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.: 11