- 1 - NC: 2025:KHC:8265 WP No. 27296 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.27296 OF 2024 (KLR-RES) BETWEEN: SMT. K N BHAVYA W/O C.R.MANJUNATH AGED ABOUT 32 YEARS RESIDING AT CHIKKAMARLI (V) VIJAYAPURA HOBLI DEVANAHALLI TALUK BENGALURU - 562135 …PETITIONER (BY SRI. SHRIDHARA K, ADVOCATE) AND: 1. DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE BENGALURU RURAL DISTRICT DEVANAHALLI TALUK DEVANAHALLI - 562 110 2. ASSISTANT COMMISSIONER DODDABALAPURA SUB- DIVISION DODDABALAPURA BENGALURU RURAL DISTRICT PIN CODE - 561203 3. THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI - 562110 Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8265 WP No. 27296 of 2024 4. SMT. K. SAVITHA D/O LATE KRISHNAPPA AGED ABOUT 39 YEARS RESIDING AT NO.205 OLD POST OFFICER ROAD YALLAREDDY CIRCLE KADUGODI PLANTATION BENGALURU - 560 0067 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R.1 TO R3; SRI.R.OMKUMAR, ADVOCATE FOR R.4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO REVISION PETITION NO.160/2022 ON THE FILE OF DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE 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 This writ petition is filed assailing the order of respondent No.1 - Deputy Commissioner, who has rightly taken cognizance of the sale deed obtained by private respondent No.4 from the petitioner's mother and other family members and accordingly, set-aside the order of - 3 - NC: 2025:KHC:8265 WP No. 27296 of 2024 respondent No.2 - Assistant Commissioner, who has directed to mutate the name of the petitioner based on the Gift Deed. 2. Heard learned counsel for the petitioner, learned counsel for respondent No.4 and learned HCGP appearing for respondent Nos.1 to 3. 3. The dispute over the petition land may not be detained this Court in the light of the observations made by this Court in the earlier writ petition filed by the petitioner in W.P.No.26353/2023. Para No.4 would be relevant and the same is extracted as under; "4. In that view of the matter, the order dated 15.09.2023 passed by this Court in W.P.No.46795/2019, even if it is passed behind the back of the petitioner, does not affect her right if any as this Court had specifically stated that the registration of the sale deed in favour of respondent No.3 shall be subject to the outcome of any civil suit that may be filed by respondent Nos.4 to 8 herein and their family - 4 - NC: 2025:KHC:8265 WP No. 27296 of 2024 members. Thus, only to the extent of stating that the registration of the sale deed in favour of respondent No.3 shall be subject to the outcome of O.S.No.356/2022 pending before the Principal Civil Judge and JMFC, Devanahalli, no further relief needs to be granted to the petitioner." 4. In the light of the observations made by the Co-ordinate Bench, this Court has noticed that the Co-ordinate Bench has clearly relegated the petitioner's mother and other executants to question the sale deed executed in favour of private respondent No.4. The private respondent No.4 is tracing title based on the registered agreement to sell coupled with possession and the subsequent sale deed executed in terms of the registered agreement to sell. These transactions are based on the GPA. According to respondent No.4, it is coupled with interest. 5. The records clearly reveal that respondent No.4 is tracing title based on the registered agreement to - 5 - NC: 2025:KHC:8265 WP No. 27296 of 2024 sell followed by the registered sale deed. Time and again, this Court has consistently held that once the acquisition of right in the immovable property is reported, which is based on the registered sale deed, the Revenue Officials have no discretion but to simply effect change of katha strictly aliening to the alienations indicated in the sale deed. 6. Whether GPA is coupled with interest and therefore, the petitioner's mother had no salable title to convey the property by way of Gift Deed are all disputed question of facts, which need adjudication at the hands of the competent Civil Court. 7. In light of the prevailing circumstances, the Co-ordinate Bench has rightly directed the petitioner's mother to seek recourse before the competent Civil Court for appropriate relief. Despite having the opportunity, neither the petitioner nor her mother has taken any steps to challenge the validity of the sale deed by instituting a - 6 - NC: 2025:KHC:8265 WP No. 27296 of 2024 suit before the Civil Court. While the Co-ordinate Bench has made a passing observation indicating that the sale deed obtained by the petitioner could be subject to the outcome of the pending suit in O.S.No.356/2022, which pertains solely to an injunction simpliciter, such an incidental remark does not, in any manner, affect or dilute the legal rights of respondent No.4. The title claimed by respondent No.4 is derived from a legally executed sale deed, which was duly signed by the petitioner's family members, including her mother. Unless and until the sale deed in question is set aside through due legal process, as prescribed under law, neither the petitioner nor her mother possesses the requisite locus standi to interfere in or contest the mutation proceedings. Furthermore, the order issued by respondent No.1 – Deputy Commissioner, is in complete conformity with the provisions enshrined under Section 128 of the Karnataka Land Revenue Act. Given these circumstances, this Court does not find any justifiable reason to intervene in the matter or to grant any relief as sought by the petitioner. - 7 - NC: 2025:KHC:8265 WP No. 27296 of 2024 The writ petition is devoid of merits and accordingly, stands dismissed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 8