- 1 - NC: 2025:KHC:13939 WP No. 13997 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 13997 OF 2022 (KLR-RR/SUR) BETWEEN: 1. SRI NARASIMHA MURTHY S/O LATE BASAPPA AGED ABOUT 81 YEARS 2. SRI JAYARAM S/O LATE BASAPPA AGED ABOUT 70 YEARS 3. SRI NARAYANA S/O LATE BASAPPA AGED ABOUT 60 YEARS 4. SRI PRABHAKAR S/O LATE BASAPPA AGED ABOUT 52 YEARS ALL ARE RESIDING AT BUKKASAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, BENGALURU-560105. …PETITIONERS (BY SRI. SHARATH S. GOWDA, ADV. FOR SRI. GANESHA P., ADV.) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDINGS, DR. AMBEDKAR VEEDHI Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13939 WP No. 13997 of 2022 BENGALURU-560001 REPRESENTED BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, DC OFFICE COMPOUND, K G ROAD, BENGALURU-560009. 3. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, K G ROAD, BENGALURU-560009. 4. THE TAHSILDAR ANEKAL TALUK, ANEKAL-562106. 5. SRI PUTTANNA S/O LAKSHMAIAH AGED ABOUT 80 YEARS 6. SRI JAYANNA S/O LAKSHMAIAH AGED ABOUT 69 YEARS 7. SRI RAJASEKHAR S/O THIPPAIAH AGED ABOUT 53 YEARS RESPONDENTS 5 TO 7 ARE ALL RESIDING AT BUKKASAGARA VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4, R5 SERVED.) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED MUTATION ENTRY VIDE M.R.NO.T17/2021-22 DTD 18.10.2021 ISSUED BY THE R3 AND 4 VIDE ANNEXURE-A AND ETC. - 3 - NC: 2025:KHC:13939 WP No. 13997 of 2022 THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioners are aggrieved by the order of mutation made by the Tahasildar. 2. It is the case of the petitioners that the order of mutation has been made pursuant to the order of the Assistant Commissioner on 15.12.2008 passed in R.A. (A) No.284 of 2006-07 but this order of the Assistant Commissioner had in fact been set aside by the Deputy Commissioner in Revision Petition No.247 of 2009-10 and since the order of the Assistant Commissioner was no longer in existence, the question of there being an order of mutation on the basis of that order would be non est. 3. The learned Additional Government Advocate candidly submits that the order of the Assistant Commissioner has in fact been set aside by the order - 4 - NC: 2025:KHC:13939 WP No. 13997 of 2022 of the Deputy Commissioner and therefore, the order of mutation cannot be sustained. 4. In light of the admitted fact that the order of the Assistant Commissioner has been set aside by the Deputy Commissioner in revision, it is obvious that the order of mutation which is made solely on the basis of the order of the Assistant Commissioner cannot be sustained. 5. Consequently, the impugned order at Annexure 'A' shall stand quashed. 6. The revenue authorities are directed to abide by the order of the Deputy Commissioner passed in Revision Petition No.247 of 2009-10 dated 05.02.2014. 7. The learned counsel for the petitioner submits that for implementing the order of the Deputy Commissioner, there is a requirement of the Deputy Commisioner giving his thumb impression to the system to effectuate the order. - 5 - NC: 2025:KHC:13939 WP No. 13997 of 2022 8. If that be so, the Deputy Commissioner shall give the thumb impression to effectuate the order that he has passed. 9. The aforesaid exercise shall be undertaken and completed within a period of three months from the date of receipt of a copy of this order. 10. The writ petition is accordingly allowed. 11. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 107