- 1 - NC: 2025:KHC:9959 WP No. 93 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 93 OF 2025 (KLR-RES) BETWEEN: SRI. B.S. BASAVARAJU, S/O LATE SHIVANNA, AGED 45 YEARS, R/AT BORAGONDANAHALLI, CHELURU HOBLI, GUBBI TALUK TUMKUR DISTRICT …PETITIONER (BY SRI. SAMEER S.N., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKUR DISTRICT, TUMKUR - 520 013 2. THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMKUR TUMKUR DISTRICT - 520 013 3. THE TAHASILDAR GUBBI TALUK, GUBBI, TUMKUR DISTRICT - 520 013 4. SMT. GANGAMMA, W/O SADASHIVAIAH, AGED ABOUT 52 YEARS, S/O SHIVANNA, R/AT SHAMBHONAHALLI VILLAGE, KORA HOBLI, TUMKUR TALUK - 520 016 Digitally signed by SWAPNA V Location: high court of karnataka - 2 - NC: 2025:KHC:9959 WP No. 93 of 2025 AND ALSO AT BORAGONDANAHALLI, CHELUR HOBLI, GUBBI TALUK TUMKUR DISTRICT -520 016. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA FOR R1 TO R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ANNX-A THE IMPUGNED ORDER OF THE DEPUTY COMMISSIONER TUMKUR DISTRICT R-1 DISMISSING R.P.NO. 93/2024 VIDE ORDER 13.11.2024 THAT CONFIRMED ANNX-B THE ORDER OF THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION, TUMKUR-R-2 PASSED IN R.A.GUB.980/2023 DTD. 28.03.2024 DIRECTING THE CHANGE OF KHATA IN RESPECT OF 1 ACRE 29 GUNTAS FO LAND IN SY.NO. 7/1 OF GORAGONDANAHALLI VILLAGE, CHELURU HOBLI, GUBBI TALUK FROM THE NAME OF THE PETITIONER TO THE NAME OF THE R-4 AND ETC., THIS W.P., COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER The petitioner had executed a registered sale deed in favour of his elder sister i.e., respondent No.4. However, the Tahasildar had rejected her request for mutating her name on the ground that she is ineligible to hold agricultural land. - 3 - NC: 2025:KHC:9959 WP No. 93 of 2025 2. Being aggrieved, respondent No.4 preferred an appeal to the Assistant Commissioner and the Assistant Commissioner accepted the appeal and held that the revenue entries would have to abide by a registered instrument and since respondent No.4 had a sale deed in her favour, the entries were required to be changed. 3. However, in the meanwhile, it appears that respondent No.4 had executed registered release deed in favour of the petitioner and this according to the petitioner amounted to a re-conveyance in his favour. 4. The petitioner approached the Deputy Commissioner by filing the revision against the order of the Assistant Commissioner. But the Deputy Commissioner has rejected the same and hence, the petitioner is before this Court. As rightly held by the Assistant Commissioner, the revenue entries are bound to be changed with this registered instrument executed by the khatedar and in this instant case, it is not in dispute that the petitioner was the khatedar and had executed a sale deed in favour of his - 4 - NC: 2025:KHC:9959 WP No. 93 of 2025 sister. Therefore, the order of the Assistant Commissioner as well as the Deputy Commissioner found fault with. 5. If however, the petitioner claims that he has another registered instrument, which is styled as registered release deed and under this deed there is conveyance in his favour, liberty would be available to the petitioner to approach the Civil Court and to seek an appropriate declaratory decree to that effect and if the petitioner is able to obtain such a declarative decree in respect of registered release deed executed by his elder sister-respondent No.4, it is needless to say that the revenue entries will have to be accordingly mutated, subject to the above observation, writ petition is dismissed. Sd/- (N S SANJAY GOWDA) JUDGE BH List No.: 1 Sl No.: 15