- 1 - NC: 2025:KHC:17467 WP No. 8994 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 8994 OF 2025 (KLR-RES) BETWEEN: 1. SRI N A AJITHKUMAR S/O N.C. APPASWAMY, AGED ABOUT 50 YEARS, R/T. NEERGUNDA VILLAGE, KODLIPETE HOBLI, SOMWARPETE TALUK KODAGU DISTRICT 571231 NOW RESIDING AT NO. 12, BANASHANKARI COMPLEX, GROUND FLOOR, 15TH MAIN, NEAR WATER TANK, NATIONAL HOUSING CO-OPERATIVE SOCIETY LAY-OUT, KAMALANGAR MAIN ROAD, BASAVESHWARNAGAR BANGALORE-560079 …PETITIONER (BY SRI. SHANTAKUMAR K C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS , AMBEDKAR VEEDI, BANGALORE-560001 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERE-571201. 3. THE ASSISTANT COMMISSIONER KODAGU SUB-DIVISION Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17467 WP No. 8994 of 2025 KODAGU DISTRICT, MADIKERI-571201. 4. THE TAHASILDAR SOMAWARPETE TALUK, SOMAWARPETE -571231 DIST KODAGU …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 10.07.2024 IN NO. TST/M.C. / KO/61/2023-24 ISSUED BY THE BY THE RESPONDENT NO. 4, VIDE ANNEXURE-D, 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. The petitioner is challenging an endorsement by which the Tahsildar has refused to entertain the application of the petitioner for mutating his names in the records of rights as per the compromise decree on the ground that the said request cannot be entertained unless the decree has been registered. 2. Learned counsel appearing for the petitioner contends that prior to the compromise, the khata was standing in the name of the family member i.e., - 3 - NC: 2025:KHC:17467 WP No. 8994 of 2025 the father, and he was himself a party to the compromise decree, and therefore, the endorsement of the Tahsildar cannot be sustained. 3. If, in fact, the father of the petitioner was the Khatedar and, in a compromise entered into between the father and the other members, in which the property have been allotted to the petitioner and a compromise decree is accepted by the Court, the Tahsildar cannot insist upon the decree to be registered. 4. In that view of the matter, the impugned endorsement cannot be sustained and the is quashed. 5. The Tahsildar is directed to reconsider the request of the petitioner having regard to the observations made above and, pass an appropriate order within a period of three months from the date of receipt of a copy of this order. - 4 - NC: 2025:KHC:17467 WP No. 8994 of 2025 6. This writ petition is accordingly allowed. 7. 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.: 30