Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14626 WP No. 9355 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9355 OF 2025 (KLR-RES) BETWEEN:
1.
SRI. MUNIVENKATA REDDY S/O. LATE GANGI REDDY AGED ABOUT 83 YEARS R/O JODI KRISHNARAJAPURA VILLAGE SRINIVASANDRA POST KYASAMBALLI HOBLI, K.G.F. TALUK KOLAR DISTRICT-563 121. …PETITIONER
(BY SRI. RENUKARADHYA .R.D, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REP. BY PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDING DR. AMBEDKAR VEEDI BEGNALURU-560 001.
2.
THE DEPUTY COMMISSIONER KOLAR, KOLAR DISTRICT-563 101.
3.
THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, COURT CIRCLE KOLAR-563 101.
4.
THE TAHSILDAR K.G.F. TALUK, K.G.F.
KOLAR DISTRICT-563 113.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14626 WP No. 9355 of 2025
5.
SMT. LAKSHMAMMA W/O. LATE RAMAKRIHNA REDDY AGED ABOUT 61 YEARS R/AT NAGAKUPPA VILLAGE SRINIVASANDRA POST KYASAMBALLI HOBLI, K.G.F. TALUK KOLAR DISTRICT-563 121. …RESPONDENTS
(BY SRI. V. SHIVAREDDY, AGA FOR R1 TO R4)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ALLEGED MUTATION IN MR NO.H9/2018-19 DATED 16.02.2019 MADE BY THE 4TH RESPONDENT IN FAVOUR OF THE 5TH RESPONDENT, VIDE ANNEXURE-E, QUASH THE IMPUGNED
ORDER DATED 18.01.2024 IN CASE NO.R.A. 479/2022 PASSED BY THE 3RD RESPONDENT VIDE ANNEXURE-H AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. Vide MR.No.6/2003-04, the name of N.G.Ramakrishna Reddy was mutated in respect of Sy.No.4 and on his death, the name of his wife i.e., Lakshmamma was mutated in the revenue record vide MR.H.9/2018-19. The petitioner preferred an
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NC: 2025:KHC:14626 WP No. 9355 of 2025
appeal only against the order of mutation against Lakshmamma, and did not challenge the mutation
order in favour of her husband i.e., N.G.Ramakrishna Reedy, by which, his name was entered in the revenue record.
2. The Assistant Commissioner, taking note of this particular fact, has dismissed the appeal which has been confirmed by the Deputy Commissioner.
3. In my view, since the principal order under which the name of N.G.Ramakrishna Reddy was entered in the revenue record has remained unchallenged, the petitioner cannot challenge the subsequent mutation made in favour of Lakshmamma i.e., Ramakrishna Reddy's wife on his death. The authorities were thus justified in dismissing the appeal of the petitioner.
4. Liberty is, however, reserved to the petitioner to file an appropriate suit seeking for declaration of his title and against Lakshmamma and if such a decree is
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NC: 2025:KHC:14626 WP No. 9355 of 2025
obtained, the revenue entries would abide by the result of such suit.
5. The Writ Petition is accordingly dismissed.
Sd/- (N S SANJAY GOWDA) JUDGE
PKS List No.: 1 Sl No.: 67