- 1 - NC: 2025:KHC:4629 WP No. 12758 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12758 OF 2024 (KLR-RES) BETWEEN: SRI. BHAKTHAPPA S/O NARAYANAPPA AGED ABOUT 41 YEARS R/AT THAMBI HALLI VILLAGE KASABA HOBLI, MALURU TALUK KOLAR-563130 …PETITIONER (BY SRI. RAGHAVENDRA, ADVOCATE FOR SRI. KALYAN R., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIKASASOUDHA, DR. AMBEDKAR BEEDI, BANGALORE-560001 REPRESENTED BY SECRETARY 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR-563101. 3. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION KOLAR-563101 4. THE TAHSILDAR MALURU TAULK MALUR-563130. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4629 WP No. 12758 of 2024 5. KEMPANNA W/O LATE MUNITHIPPANNA AGE ABOUT 43 YEARS 6. VENKATASWAMY S/O LATE MUNITHIPPANNA AGED ABOUT 41 YEARS 7. DODDAMMA W/O LATE MUNITHIPPANNA AGED ABOUT 39 YEARS ALL R/AT THAMBI HALLI GRAMA, KASABA HOBLI, MALURU TALUK-563130. 8. SRI NARAYANA SWAMY S/O LATE MUNITHIPPANNA AGED ABOUT 54 YEARS R/AT THAMBIHALLI GRAMA KASABA HOBLI MALURU TALUK-563130. 9. SMT. RAJAMMA D/O LATE MUNITHIPPANNA AGED ABOUT 45 YEARS THAMBIHALLI GRAMA KASABA HOBLI MALURU TALUK-563130. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 18.01.2024 IN RP NO.115/2023 PASSED BY THE RESPONDENT NO.2 DEPUTY COMMISSIONER, KOLAR DISTRICT AS PER ANNEXURE-A. - 3 - NC: 2025:KHC:4629 WP No. 12758 of 2024 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 Petitioner is aggrieved by the order dated 07.09.2023 passed by 4th respondent - Tahsildar, which is confirmed by the 2nd respondent - Deputy Commissioner vide order dated 18.01.2024 declining to mutate petitioner's name based on a registered Will dated 19.07.2015. 2. Heard the learned counsel for the petitioner, learned HCGP and perused the records. 3. The law relating to effecting mutation based on Will is squarely covered by the full bench judgment rendered by this Court in the case of C.N.Nagendra Singh Vs. The Special Deputy Commissioner, Bengaluru District and others - ILR 2002 Karnataka 2750. The petitioner intends to get his name mutated based on an alleged registered Will in his favour, while, there is serious contest between the parties. Under Sections 127 and 129 of the Karnataka Land Revenue Act, 1964, the authority is not conferred with power to examine the - 4 - NC: 2025:KHC:4629 WP No. 12758 of 2024 correctness of the Will. Since the Will is under dispute, the 4th respondent - Tahsildar and 2nd respondent - Deputy Commissioner have rightly relegated the petitioner to establish his title based on the disputed Will by approaching competent Civil Court. The order of Deputy Commissioner clearly aligns with the mandate provided under Sections 128 and 129 and also in view of the judgment rendered by the full bench of this Court cited supra. Reserving liberty to petitioner to substantiate his rights based on the unregistered Will the petition is dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HJ List No.:1 Sl No.: 6