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2025 DAILYLAW 35224 (KAR)

SRI BOREGOWDA v. THE PRINCIPAL SECRETARY

WP/32254/2024 · 2025-02-20

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:7717 WP No. 32254 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.32254 OF 2024 (KLR-RR/SUR) BETWEEN: SRI.BOREGOWDA S/O KALEGOWDA AGED ABOUT 45 YEARS RESIDING AT NO.209 KEMPEGOWDA STREET OLD TOWN, MANDYA TALUK MANDYA DISTRICT-571401 …PETITIONER (BY SRI. RAJA L, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING BENGALURU-560001 2. THE ASST.COMMISSIONER MANDYA SUB-DIVISION MANDYA TALUK MANDYA-DISTRICT-571401. 3. THE TAHASILDAR MANDYA MANDYA TALUK MANDYA DISTRICT-571401 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:7717 WP No. 32254 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 I.E., THE ASSISTANT COMMISSIONER, MANDYA, LETTER DTD. 06.09.2024 VIDE ANNX-H 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 ORAL ORDER This writ petition is filed seeking mandamus against respondent No.2 – Assistant Commissioner to mutate the petitioner's name in terms of the unregistered Partition Deed as per Annexure-G. 2. Learned HCGP has rightly taken this Court through the representation submitted by the petitioner, which is evidenced at Annexure-H. In the said representation, petitioner has acknowledged that the mutations are duly effected and their family members names are jointly mutated. 3. The petitioner's grievance is that mutations thereby entering joint names to the RTC is contrary to the - 3 - NC: 2025:KHC:7717 WP No. 32254 of 2024 partition effected among the family members, which is evidenced at Annexure-G. 4. This Court is not inclined to grant any indulgence on two counts. Firstly, the petitioner himself acknowledges that there are mutations effected and the names of the other family members are jointly mutated along with the petitioner. These mutations are not challenged. Secondly, the Partition Deed is unregistered document and therefore, without arraying the other parties, who are beneficiaries under the alleged unregistered Partition Deed, no indulgence can be granted. Reserving liberty to the petitioner to assail the mutation, the writ petition stands disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8