- 1 - NC: 2025:KHC:282 WP No. 15531 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.15531 OF 2024 (KLR-RES) BETWEEN: 1. PAPAMMA W/O BYRASIDDAPPA AGED ABOUT 83 YEARS 2. SIDDESH S/O BYRASIDDAPPA AGED ABOUT 61 YEARS 3. SANNASIDDAPPA @ SANNASIDDESH W/O BYRASIDDAPPA AGED ABOUT 59 YEARS ALL ARE AGRICULTURIST R/O HOSA KALLAHALLI VILLAGE CHITRADURGA TALUK & DISTRICT - 577501. BENEFIT OF SENIOR CITIZENSHIP IS NOT CLAIMED …PETITIONERS (BY SRI. KANTHARAJAPPA M G, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577501 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:282 WP No. 15531 of 2024 2. THE ASSISTANT COMMISSIONER CHITRADURGA SUB-DIVISON CHITRADURGA - 577501 3. THE TAHSILDAR, TALUK OFFICE CHITRADURGA TALUK - 577501 4. THE REVENUE INSPECTOR KASABA HOBLI CHITRADURGA TALUK - 577501 5. SHANTHAVEERAPPA S/O SANNAVEERAPPA @ SANNERANNA AGED ABOUT 79 YEARS OCC.AGRICULTURIST R/AT RANGENAHALLI VILLAGE HIRIYUR TALUK CHITRADURGA DISTRICT - 572143 …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R.1 TO R.4) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER PASSED BY THE R2 IN RA 69/2019-20 DTD 08.12.20 PRODUCED AS ANNEXURE-C AND ORDER PASSED BY THE R1 IN RP NO.24/22 DTD 22.11.23 PRODUCED AS ANNEXURE-D TO THE WRIT PETITION 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:282 WP No. 15531 of 2024 ORAL ORDER The petitioners claiming to be the legal heirs of one Byrasiddappa have got their names mutated to the petition land by way of inheritance. 2. Respondent No.5 aggrieved by the impugned mutations preferred an appeal before respondent No.2 - Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964. Respondent No.2 - Assistant Commissioner having rightly adverted to the sale transaction entered into between petitioner's grandfather and mother of respondent No.5 has set-aside the impugned mutation by allowing the appeal and the petitioner is relegated to approach the competent Civil Court seeking redressal of his grievance. The said order is confirmed by respondent No.1 - Deputy Commissioner. These two concurrent orders are under challenge. 3. Heard learned counsel appearing for the petitioners and learned AGA. - 4 - NC: 2025:KHC:282 WP No. 15531 of 2024 4. On reviewing the records, it is clearly evident that the petitioners are questioning the sale deeds on the ground that their grandfather never entered into sale transaction with the mother of respondent No.5. The scope of enquiry under Section 128 of the Karnataka Land Revenue Act is very limited and the Revenue Authorities are bound to effect changes whenever acquisition of right is reported, more particularly, the rights are acquired under the registered sale deeds. The petitioners cannot agitate the validity of these sale deeds in the mutation proceedings, more particularly, under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. 5. It is precisely, in this context, respondent No.2 - Assistant Commissioner and respondent No.1 - Deputy Commissioner have set-aside the impugned mutation and have directed the petitioners to substantiate their rights and title by approaching competent Civil Courts. The Authorities have rightly relegated the petitioners having regard to the fact that the petitioners intend to challenge - 5 - NC: 2025:KHC:282 WP No. 15531 of 2024 these sale transactions in the mutation proceedings, which is impermissible. Therefore, this Court is not inclined to grant any indulgence. It is open for the petitioners to challenge the sale deeds in the manner known to law. Accordingly, the writ petition stands disposed off. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8