- 1 - NC: 2025:KHC:9611 WP No. 6001 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6001 OF 2025 (KLR-RES) BETWEEN: 1. SRI M M ARUN KUMAR S/O LATE M.S. MADAPPA, AGED ABOUT 50 YEARS. R/AT HODDU VILLAGE AND POST. MADIKERE TALUK, KODAGU- 571 252 …PETITIONER (BY SRI. RAJASHEKAR S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE. M.S. BUILDING, DR. B.R. AMBEKAR VEEDH BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE COMMISSIONER, REVENUE COMMISSIONERATE, 1ST FLOOR, S.S.L.R. BYUILDING. K.R. CIRCLE, BENGALURU-560 001. 3. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI-571201. 4. THE ASSISTANT COMMISSONER, MADIKERE SUB-DIVISION MADIKERE-571 201 5. THE THASILDAR TALUK OFFICE. MADIKERE TALUK, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9611 WP No. 6001 of 2025 MADIKERE-571 201 6. SRI M.S. MACHAYYA, S/O LATE SUBBAPPA AGED ABOUT 50 YEARS, R/AT HODDU VILLAGE AND POST, MADIKERE TALUK, KODAGU- 571 252 …RESPONDENTS (BY SMT. B.P. RADHA., AGA FOR R-1 TO R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE NOTIFICATION DATED 31.01.2024 BEARING NO. RC- BMCOTECH(BTMB)/6/2023 E 1256993 ISSUED BY THE R-2 ORDER PASSED BY THE R-3 BEARING NO. RP/38/2024 DTD 11.02.2025 AND THE ORDER PASSED BY THE R-4 BEARING NO. RA/174/2022-23 DATED 30.08.2024 VIDE ANNEXURE-A, B AND C RESPECTIVELY, 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 ORAL ORDER 1. An application for mutating the name of the petitioner was made on the basis of an unregistered partition deed executed between the petitioner and his siblings. 2. In the proceedings before the Thasildar, objections were raised regarding this Panchayat Parikath to the effect that consent was not given for effecting the - 3 - NC: 2025:KHC:9611 WP No. 6001 of 2025 entries on the basis of the partition deed. Nevertheless, the Thasildar proceeded to order mutation in the name of the petitioner. This led to filing of an appeal to the Assistant Commissioner. 3. The Assistant Commissioner accepted the appeal and set aside the order of mutation passed by the Thasildar and this order of Assistant Commissioner has also been confirmed by the Deputy Commissioner, as a result of which the petitioner is before this Court by way of this Writ Petition. 4. As already stated above, since the claim of the petitioner for entering his name was on the basis of an unregistered partition deed, it is obvious that he cannot, as a matter of right, seek his name to be entered on the basis of that unregistered partition deed. Since there were specific objections raised in regard to this Panchayat Parikath, the Thasildar could not have ordered for mutation on the basis of the said document. The Assistant Commissioner as well - 4 - NC: 2025:KHC:9611 WP No. 6001 of 2025 as the Deputy Commissioner, therefore, have right in interfering with the orders and setting aside the order of mutation passed by the Thasildar. 5. In my view, no infirmity can be found in the order of the Assistant Commissioner as well as that of the Deputy Commissioner. 6. In the result, the Writ Petition is dismissed. However, liberty is given to the petitioner to approach the Civil Court and obtain an appropriate declaration regarding his entitlement under the Panchayat Parikath or under any right that he may claim. 7. It is also needless to state that in the event the petitioner secures a decree from the Civil Court against his siblings, the revenue entries shall abide by the result of the said suit. Until then, the revenue entries as it stood before the order of mutation - 5 - NC: 2025:KHC:9611 WP No. 6001 of 2025 passed by the Thasildar shall stand restored and shall continue. 8. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 20