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2025 DAILYLAW 38829 (KAR)

RAMAIAH v. THE TAHSILDAR

WP/19885/2022 · 2025-11-25

S Sunil Dutt Yadav

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:48838 WP No. 19885 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 19885 OF 2022 (KLR-RES) BETWEEN: 1. RAMAIAH S/O PILLANJINAPPA AGED ABOUT 59 YEARS NO.12, GUNDOORU BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE RURAL DISTRICT. … PETITIONER (BY SRI. SIDDAMALLAPPA P M., ADVOCATE) AND: 1. THE TAHSILDAR CHINTAMANI TALUK CHINTAMANI CITY CHICKBALLAPUR DISTRICT PIN-563 125. 2. REVENUE INSPECTOR KAIWARA HOBLI CHINTAMANI TALUK CHINTAMANI CITY CHICKBALLAPUR DISTRICT PIN-563 125. 3. SHANKARAPPA S/O VENKATARAYAPPA Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:48838 WP No. 19885 of 2022 AGED ABOUT 41 YEARS R/O PERAMACHANAHALLI KAIWARA HOBLI CHINTAMANI TALUK CHICKBALLAPUR DISTRICT PIN-563 125. 4. SRIRAMAPPA S/O NARAYANAPPA AGED ABOUT 66 YEARS R/O VENKATAPURA KAIWARA HOBLI CHINTAMANI TALUK CHICKBALLAPUR DISTRICT PIN-563 125. … RESPONDENTS (BY SRI. SPOORTHY HEGDE, HCGP FOR R1 AND R2; V/O DATED 1/10/2024, SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE MUTATION ORDERS PASSED BY THE REVENUE INSPECTOR, KAIWARA HOBLI, CHINTAMANI TALUK AND THE TAHSILDAR, CHNTAMANI TALUK, CHINTAMANI, THE 2ND AND 1ST RESPONDENTS RESPECTIVELY IN THE ABOVE WRIT PETITION IN M.R.NO. H 26/2021 - 22 DATED 22-10-2021 WHICH IS MARKED AS ANNEXURE - M AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV - 3 - HC-KAR NC: 2025:KHC:48838 WP No. 19885 of 2022 ORAL ORDER The petitioner has sought for issuance of writ of certiorari to set aside the mutation order passed in M.R.No. H 26/2021-22 dated 22.10.2021, copy of which is produced at Annexure-'M'. 2. It is the case of the petitioner that mutation stood in the name of petitioner earlier to the order effecting mutation in the name of respondent No.4, in terms of the mutation at Annexure-'M'. 3. It is submitted that the mutation was effected in the petitioner's name on the basis of Sale Deed dated 24.09.2007. It is further submitted that the respondents thereafter claimed change in the mutation entry on the basis of earlier Sale Deed dated 13.03.2006. 4. The petitioner submits that the revenue authorities do not have the jurisdiction to enter into adjudication as to questions of title and could not have taken note of earlier Sale Deed dated 13.03.2006 and - 4 - HC-KAR NC: 2025:KHC:48838 WP No. 19885 of 2022 proceed to effect mutation in the name of private respondents. It is further submitted that though the suit for declaration was filed by the petitioner against respondents and was dismissed, the petitioner filed R.A.No.140/2016, which is still pending consideration. 6. It is noticed that the suit in O.S.No.201/2015 came to be rejected on 22.09.2016. Learned Additional Government Advocate appearing for the respondent State would submit that during the course of proceedings, a representation was made that there was settlement in O.S.No.201/2015 which was taken note of while passing the order of mutation at Annexure-'M'. 7. Noticing that O.S.No.201/2015 did not in effect end in compromise and noticing that R.A. No.140/2016 is still pending, it would be appropriate to set aside the order of mutation at Annexure-'M', while directing that the mutation entry prior to the order at Annexure-'M' to be - 5 - HC-KAR NC: 2025:KHC:48838 WP No. 19885 of 2022 restored and such entry would be in prevalence till final orders are passed in R.A. No.140/2016. 8. Accordingly, the order of mutation at Annexure-'M' dated 22.10.2021 bearing M.R.No.H 26/2021-22 is set aside. The earlier mutation standing in the name of petitioner prior to Annexure-'M' is to be restored and such entry would await the outcome of the civil dispute pending between the parties. Accordingly, the petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VGR