- 1 - NC: 2025:KHC:21 WP No. 12595 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12595 OF 2024 (KLR-RES) BETWEEN: SMT. JAYAMMA, AGED ABOUT 80 YEARS, D/O LATE ANJANAPPA, ADOPTED D/O LATE PILLA ANJANAPPA, R/AT BYAPPANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT. …PETITIONER (BY SMT. VASANTHA KUMARI H.V, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE. 2. THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB DIVISION, BANGALORE. 3. THE SPECIAL TAHSILDAR, BANGALORE NORTH (ADDL.) TALUK, YELAHANKA UPANAGAR, BANGALORE. 4. SRI. S.N. SONNEGOWDA, AGED ABOUT 60 YEARS, S/O LATE NARAYANASWAMY, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:21 WP No. 12595 of 2024 R/AT BYAPPANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT. 5. SRI. SRINIVASA, AGED ABOUT 45 YEARS, S/O SRI. JAYARAMA, R/AT BYAPPANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT. 6. SRI. VENU, AGED ABOUT 38 YEARS, S/O SRI. JAYARAMA, R/AT BYAPPANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE URBAN DISTRICT. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE/ QUASH THE IMPUGNED ORDERS IN REVISION PETITION NO. 559/2017-18 DATED 22.05.2023 PASSED BY THE R-1 DEPUTY COMMISSIONER BANGALORE DISTRICT, BANGALORE VIDE ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:21 WP No. 12595 of 2024 ORAL ORDER Learned AGA accepts notice for respondents No.1 to 3. The petitioner, who asserts to be a foster daughter of one Pilla Anjinappa, submitted an application enclosing a copy of a registered will and therefore asserted that she has acquired title over petition land based on registered will. 2. Respondent No.3-Tahasildar, acting on the varadi along with a registered will, effected mutation. The said mutation was challenged by the brothers of the testator before respondent No.2-Assisstant Commissioner, who set aside the disputed mutation based on a registered will and relegated the petitioner to substantiate and prove the will in the manner known to law. The said order is confirmed by respondent No.1-Deputy Commissioner. These two current orders are under challenge by a legatee who is asserting title based on registered will. - 4 - NC: 2025:KHC:21 WP No. 12595 of 2024 3. Heard learned counsel appearing for the petitioner and learned AGA. Perused the records. 4. The law relating to the change of khatha under Section 128 of the Karnataka Land Revenue Act, 1964, based on registered will, is given quietus by the full bench of this Court rendered in the case of C.N.Nagendra Singh vs. Special Deputy Commissioner, Bengaluru1. 5. The orders passed by respondent No.2- Assistant Commissioner and respondent No.1-Deputy Commissioner, relegating the petitioner to prove the will by approaching a competent court, clearly aligns with the law laid down by the full bench of this Court in C.N.Nagendra Singh case (referred to supra). Therefore, these orders do not suffer from any illegality. 1 ILR 2002 KAR 2750. - 5 - NC: 2025:KHC:21 WP No. 12595 of 2024 Reserving liberty to the petitioner to avail the remedy in the manner known to law, this writ petition stands disposed of. All contentions are kept open. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 12 CT: BHK