Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:22159 WP No. 18120 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 18120 OF 2025 (KLR-RES)
BETWEEN:
MRS. VENKATAMMA W/O BATTHEPPA AGED ABOUT 72 YEARS, CHIKKAIYYUR, THYVANHALLI, KOLAR TALUK KARNATAKA 563130. …PETITIONER (BY SMT. NAZEEFA M. MULLA., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS SECRETARY, VIDHANA SOUDHA, BENGALURU 560001.
2.
THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR 563103.
3.
THE ASSISTANT COMMISSIONER KOLAR DISTRICT, KOLAR 563103.
4.
THE TAHSILDAR KOLAR DISTRICT, KOLAR 563101.
Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:22159 WP No. 18120 of 2025
5.
MR SRINIVASAIAH S/O LATE BATTHEPPA, AGED ABOUT 63 YEARS, R/O ANTARGANGE MAIN ROAD, 12TH CROSS, SAPTAGIRI NILAYA, KILUKOTE, KOLAR 563101 …RESPONDENTS (BY SMT.NAVYA SHEKHAR., AGA FOR R1 TO R4)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO. 4 NOT MUTATE THE NAME OF RESPONDENT NO.5, TILL THE PENDENCY OF THIS CASE AND DIRECT THE PETITIONER AND RESPONDENTS TO CONTEST THE O.S NO. 395/2025 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC KOLAR WITH RESPECT TO THE DISPUTE PERTAINING TO THE PROPERTY AS PER THE PARTITION DEED DATED 28.01.1999 WHICH IS PRODUCED AS ANNEXURE-E AND K2 AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER
Learned Additional Government Advocate accepts notice for respondents No.1 to 4.
2. The prayer in the writ petition is to direct the respondent No.4 not to mutate the name of the respondent No.5 in the revenue records.
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HC-KAR NC: 2025:KHC:22159 WP No. 18120 of 2025
3. Heard, learned counsel appearing for the parties.
4. Learned Additional Government Advocate submitted that, writ of mandamus would not lie against a public authority not to do the statutory duty.
5. In that view of the matter, taking into
consideration that, writ of mandamus would not lie to restrain the authority not to discharge the statutory duty. In this regard the writ petition cannot be accepted.
Writ petition is accordingly dismissed.
Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 51