- 1 - NC: 2025:KHC:8665 WP No. 5692 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5692 OF 2025 (KLR-RES) BETWEEN: 1. SRI. BYLAPPA S/O LATE ERAMARAIAH AGED ABOUT 94 YEARS. 2. SMT. RANGAMMA W/O. SRI. BYLAPPA AGED ABOUT 79 YEARS. BOTH ARE R/AT KAMMASANDRA VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU-562 162. …PETITIONERS (BY SRI. NARAYANA S., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, DR. B. R. AMBEDKAR BEEDHI, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, BENGALURU- 560 009. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8665 WP No. 5692 of 2025 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH, BENGALURU 560 009. 4. THE TAHSILDAR BENGALURU NORTH, BENGALURU - 560 009. 5. SRI. GANGADHARAIAH S/O. BYLAPPA AGED ABOUT 48 YEARS, R/AT. KAMMASANDRA VILLAGE, LAKSHMIPURA POST, DASANAPURA HOBLI, BENGALURU - 562 162. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR 1 TO 4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO 4 NOT TO CHANGE REVENUE ENTRIES OR EFFECT KHATHA TRANSFER IN FAVOUR OF R-5 IN RESPECT OF THE PROPERTIES WHICH ARE THE SUBJECT MATTER OF THE RELEASE DEED DATED 11.08.2021 VIDE DOCUMENTS REGISTERED BEFORE THE OFFICE OF THE SUB-REGISTRAR, NELAMANGALA UNTIL FINALIZATION OF CIVIL SUIT PENDING BEFORE THE 2ND ADDL. SENIOR CIVIL JUDGE AND JMFC, NELEMANGALA IN OS NO. 759/2024 FILED BY THE PETITIONERS AGAINST THE R-5 VIDE ANNX-H, J AND K AND ETC. - 3 - NC: 2025:KHC:8665 WP No. 5692 of 2025 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 This petition is filed seeking mandamus against Respondent Nos.3 and 4 not to change revenue entries in favour of 5th respondent in respect of properties which are subject matter of release deed dated 11.08.2021 on the ground that petitioner has already approached Civil Court and has questioned the Release Deed dated 11.08.2021. 2. The prayer sought in the captioned petition is contrary to mandate provided under Section 128 of Karnataka Land Revenue Act. Once there is a conveyance under registered document, the revenue authority has no discretion but to mutate the name of the person who has acquired title under the registered document. 3. In the present case, the fifth respondent has lawfully acquired title to the property through the Release Deed executed on 11.08.2021. Unless and until this - 4 - NC: 2025:KHC:8665 WP No. 5692 of 2025 Release Deed is set aside by a competent court in the pending civil suit O.S. No. 759/2024, the petitioner has no legal standing to seek the issuance of a writ of mandamus from this Court. Furthermore, Respondent Nos. 2 to 4 are under no legal obligation to entertain or act upon the objections raised by the petitioner concerning the said property. Their duty is limited to effecting the change in khata strictly in accordance with the terms of the Release Deed dated 11.08.2021. It is also pertinent to clarify that mutation based on release deed shall be subject to the final adjudication and determination of rights in the pending suit O.S. No. 759/2024. 4. With this observation, Writ Petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE BNV List No.: 1 Sl No.: 47 CT:SNN