Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:40027-DB WA No. 377 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 377 OF 2024 (KLR-RES) BETWEEN:
1.
M.K. MANOHAR S/O. KRISHNAPPA @ AGUDURAPPA, AGED ABOUT 60 YEARS, RESIDING AT HOUSE NO. 136, MULLUR VILLAGE, KARMELLARAM POST, BANGALORE EAST TALUK, BANGALORE-560 035. …APPELLANT (BY SRI. G.B.MANJUNATHA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE, VIKASA SOUDHA, VIDHANA VEEDHI, BENGALURU-560 001 REP. BY ITS CHIEF SECRETARY
2.
THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR-563 101.
3.
THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION, KOLAR-563 101.
Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:40027-DB WA No. 377 of 2024
4.
DEPUTY TAHSILDAR NADAKACHERI, MASTI HOBLI, MALUR TALUK-563 130.
5.
H. K. MUNIYAPPA S/O. LATE KENCHAPPA, DINNERI HORAHALLI VILLAGE, MASTI HOBLI, MALUR TALUK-563 130. …RESPONDENTS (BY SRI. M.N.SUDEV HEGE, AGA)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE IMPUGNED JUDGMENT DATED 08/12/2023 PASSED IN WP NO.21033/2023 AND ALLOW THE WRIT PETITION AND PASS SUCH OTHER APPROPRIATE ORDERS.
THIS APPEAL, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH)
The appellant in this appeal has questioned the correctness of the order dated 08.12.2023 passed in W.P.No.21033/2023, whereby the learned Single Judge has disposed of the writ petition with liberty to the
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HC-KAR NC: 2025:KHC:40027-DB WA No. 377 of 2024
petitioner to approach the competent Civil Court to crystallize his title in respect of the property in question.
2. It is the contention of learned counsel for the appellant that respondent No.3 by order dated 28.02.2023 has rejected the application of the petitioner for incorporating his name in the mutation register in respect of the subject land which was totally illegal, for the reason that he is duty bound to do so.
3. However, on a careful perusal of the records placed before us, it could be gathered that O.S.No.245/2023 and O.S.No.98/2024 in respect of the title of the property in question are pending. Therefore, learned Single Judge has rightly observed that petitioner has to prove his title in the original suits and then, mutation entry can be made in his name in respect of the subject land.
4. We find no ground to interfere with the order passed by the learned Single Judge. The petitioner shall file a
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HC-KAR NC: 2025:KHC:40027-DB WA No. 377 of 2024
fresh application before the Tahsildar and seek appropriate remedy as available to him in law.
Accordingly, the writ appeal is dismissed.
Sd/- (D K SINGH) JUDGE
Sd/- (RAJESH RAI K) JUDGE
NG List No.: 1 Sl No.: 9