- 1 - NC: 2025:KHC:2931 WP No. 24696 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24696 OF 2024 (KLR-RES) BETWEEN: SMT. PADMABAI D/O LATE PRABHAKAR RAO AGED ABOUT 80 YEARS, R/AT NO.148, KANNAMANGALA, KASABA HOBLI, CHANNAPATNA TALUK RAMANAGAR DISTRICT - 562 160. …PETITIONER (BY SRI. A. MADHUSUDHANA RAO, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER, RAMANAGAR SUB DIVISION, RAMANAGAR - 562 159. 3. THE ASSISTANT COMMISSIONER, RAMANAGAR SUB-DIVISION, RAMANAGAR - 562 159. 4. TAHSILDAR TALUK OFFICE, CHANNAPATNA TALUK, RAMANAGAR DISTRICT - 562160. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:2931 WP No. 24696 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 08.09.2020, 05.03.2021 AND 06.01.2023 FOUND AT ANNEXURE-C TO ANNEXURE-E ALLOW THIS WRIT PETITION WITH COSTS AND GRANT SUCH OTHER RELIEFS AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This caption petition is filed alleging inaction on the part of respondent No.4 - Tahsildar in not mutating petitioner's name in the revenue records, in terms of the grant made by the competent authority followed by issuance of grant certificates which is evidenced that Annexures - A and B respectively. 2. Learned High Court Government Pleader on instruction has tried to pursuade this Court not to issue any directives on the ground that the grants made in the survey number is now subjected to an enquiry and are pending consideration before the Assistant Commissioner. - 3 - NC: 2025:KHC:2931 WP No. 24696 of 2024 3. The learned counsel for the petitioner, in an effort to support his position, has relied upon the judgment delivered by this Court in W.P. No. 2001/2023. Citing this judgment, the counsel has pointed out that a similarly placed grantee, within the same survey number and under the same common grant order, was granted a direction by this Court to the Tahsildar to mutate his name in the revenue records. The said direction was issued in light of the grant made to the grantee, and the mutation was duly carried out as evidenced by the document annexed at Annexure - F. 4. Upon reviewing the records in this case, this Court observes that there has been a clear inaction on the part of respondent No. 4, the Tahsildar, in failing to give effect to the change in the Khatha, despite the grant made in favour of the petitioner and the issuance of the relevant grant certificate. It is pertinent to note that the objection raised, citing the pendency of an inquiry before the Assistant Commissioner, should not serve as an impediment to the proper execution of the change under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. Once a grant is made and no order has been passed by the competent authority to set it aside, the - 4 - NC: 2025:KHC:2931 WP No. 24696 of 2024 concerned authorities are obligated to act upon the grant without deferring the change in the Khatha simply because an inquiry is pending. Therefore, this is a case where the petitioner has a legal right to seek a mandamus from this Court, compelling respondent No. 4 to effect the necessary changes in the Khatha as per the grant issued by the competent authority. It must, however, be noted that any entries made in the revenue records shall remain subject to the final outcome of any inquiry that may be pending or conducted by the concerned authorities. 5. In view of the above observation, this Court passes the following ORDER i) The writ petition is allowed. ii) Respondent No.4, shall forthwith consider the grants made in favour of the petitioner evidenced at Annexure - A and consequent grant certificate evidenced at Annexue - B and mutate petitioner's name in accordance with law. - 5 - NC: 2025:KHC:2931 WP No. 24696 of 2024 6. This exercise shall be accomplished within a period of six weeks. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 8