- 1 - NC: 2025:KHC:5188 WP No. 33412 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33412 OF 2024 (KLR-RES) BETWEEN: 1. SMT. MANASWI W/O HALESH KUMAR, D/O PALAKSHA, AGED ABOUT 30 YEARS, R/AT NARSHIPUR, HIRASADHARHALLI, HASSAN -573144 2. SMT. HITHASWI S.P W/O YOGESH M.R. D/O PALAKSHA AGED ABOUT 28 YEARS, R/AT MATHAVAR, VENKAPETE BELUR TALUK-573215 HASSAN DISTRICT …PETITIONERS (BY SRI. SHANTHA KUMAR K C, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDINGS, AMBEDKAR VEEDI, BANGALORE-560001 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5188 WP No. 33412 of 2024 2. THE DEPUTY COMMISSIONER, KODAGU DISTRICT, MADIKERI - 571 201 3. THE ASSISTANT COMMISSIONER KODAGU SUB-DIVISION, MADIKERI-571201 4. THE TAHASILDAR SOMAVARPETE TALUK, SOMAVARPETE- 571236 KODAGU DISTRICT. …RESPONDENTS (BY SRI.MANJUNATHA.K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD 03.11.2023 IN NO. THA KA SO / MC/KO/93/2023-24 ISSUED BY THE R-4 VIDE ANNEXURE-F 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 Petitioners in the captioned petition are asserting endorsement dated 03.11.2023 issued by respondent No.4/Tahasildar vide Annexure-F. 2. Heard learned counsel for the petitioners and learned High Court Government pleader for respondents. - 3 - NC: 2025:KHC:5188 WP No. 33412 of 2024 3. Facts leading to the case of the petitioners are: Petitioners are claiming to be daughters of Late Palaksa S/o Shanthagowda. Petitioners asserts that they are the only legal Class-I heirs surviving, citing family tree are seeking inheritance Khatha and requests is made to mutate petitioners name by way of inheritance. 4. Respondent No.4/Tahasildar has issued an endorsement indicating that the matter is already referred as disputed mutation as per partition deed which is reported under MR.No.3/2009-2010. 5. Learned High Court Government Pleader on instructions submit that this endorsement which is impugned in the captioned petition was issued by over sight by 4th respondent. Respondent No.4 acknowledges that this endorsement could not have been issued and petitioners right to seek change of Khatha will be considered in accordance with law. Recording the assurance given by the learned High Court Government Pleader, this Court proceeds to pass the following: - 4 - NC: 2025:KHC:5188 WP No. 33412 of 2024 ORDER i. Writ petition is allowed. ii. The impugned endorsement dated 03.11.2023 issued by respondent No.4 vide Annexure-F is hereby set aside. iii. Respondent No.4/Tahasildar shall forthwith act on the representation submitted by the petitioners by taking cognizance of the registered partition deed and also death certificate produced by the petitioners to substantiate that their father is no more and they are entitled to seek change of Khatha in terms of registered partition deed. iv. This exercise shall be accomplished within a period of six weeks from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE RR List No.: 1 Sl No.: 16