- 1 - NC: 2025:KHC:12146 WP No. 25031 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 25031 OF 2024 (KLR-RES) BETWEEN: 1. SMT. SUSHEELAMMA WIFE OF LATE H RUDRAPAP AGED ABOUT 58 YEARS R/AT DOMBARA BAIRANA HALLI VILALGE D B HALLI, KALLIHAL POST HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIVAMOGGA DISTRICT 577233 …PETITIONER (BY SRI. B K MANJUNATH., ADVOCATE) AND: 1. THE STATE OF KARNATAKA RAILWAY STATION ROAD SHIVAMOGGA CITY SHIVAMOGGA DISTRICT 577202 2. ASSISTANT COMMISISONER SHIVAMOGGA DIVISION SHIVMOGGA CITY SHVIAMOGGA DISRICT 577202 3. THE TAHSILDAR BHADRAVATHI TOWN BHADRAVATHI TLAUK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:12146 WP No. 25031 of 2024 SHIVAMOGGA DISTRICT 577202 4. SRI SANGAPPA SON OF SANNAPPA, AGED MAJOR R/AT DOMBARA BAIRANA HALLI VILALGE (D B HALLI) KALLILHAL POST HOLEHONNUR HOBLI BHADRAVATHI TALUK SHIVAMOGGA DISTRICT 577233 …RESPONDENTS (BY SRI. V.SHIVA REDDY, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-A THE ORDER DATED 30.05.2024 IN RA NO. 57/2023 PASSED BY THE R-1 DC, SHIVAMOGGA DISTRICT, ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An order of mutation was challenged before the Assistant Commissioner and the Assistant Commissioner accepted the appeal and set aside the order of mutation. The Assistant Commissioner also - 3 - NC: 2025:KHC:12146 WP No. 25031 of 2024 directed that the parties to approach the Civil Court. As against which, the person in whose name the katha had been registered, approached the Deputy Commissioner and highlighted the fact that the entries, which stood in his name for more than 26 years was set aside by the Assistant Commissioner without there being any justification. 2. He has also pointed out before the Deputy Commissioner that the Appellant before the Assistant Commissioner had in fact instituted a suit in O.S.No.358/2024 and, therefore, the cancellation of entries in his favor was improper. 3. The Deputy Commission has accepted this plea and has set aside the order of the Assistant Commissioner and has ordered restoration of the entries as per M.R.No.2/1997-98, principally, on the ground that the khata had stood as per M.R.No.2/1997-98 for more than 26 years. - 4 - NC: 2025:KHC:12146 WP No. 25031 of 2024 4. In my view, this order of the Deputy Commissioner cannot be found fault with. It is to be noticed here that, if an entry made in year 1997-98 has stood for 26 years, there was no justification for setting aside the same and that too when the Assistant Commissioner had directed the Appellant to approach the Civil Court and since, the Appellant had already approached the Civil Court in O.S.No.358/2024. 5. It is obvious that if the petitioner were to secure a decree from the Civil Court, the revenue entries will be accordingly mutated. 6. I therefore find no justification to entertain this writ petition. This writ petition is therefore dismissed. 7. Learned counsel for the petitioner submits that a direction would be issued to the Trial Court to expedite hearing of the suit. - 5 - NC: 2025:KHC:12146 WP No. 25031 of 2024 8. The Trial Court shall make its endeavor to dispose of the suit at the earliest, subject to the co-operation of both the parties. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 3