- 1 - NC: 2025:KHC-D:4747 WP No. 101794 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 101794 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. GURUPADA SWAMY, S/O. LATE RUDRAYYA SWAMI MARAKUMBI HIREMATH, AGED ABOUT 67 YEARS, OCC. AGRICULTURE, R/O. MARALI, TQ. GANGAVATHI, DIST. KOPPAL 583235. …PETITIONER (BY SRI. V. M. SHEELVANT, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOPPALA, DIST. KOPPALA 583231. 2. THE ASSISTANT COMMISSIONER, KOPPALA, DIST. KOPPALA 583231. 3. THE TAHSILDAR, GANGAVATHI TQ. GANGAVATHI, DIST. KOPPAL - 583231. 4. SMT. MALLAMMA W/O. LATE SOLABHAYYA SWAMI MARAKUMBI HIREMATH, R/O. MARAKUMBI, TQ. GANGAVATHI, DIST. KOPPAL 583235. 5. SMT. CHANNAMMA W/O. LATE CHANABASAYYA SWAMI, Digitally signed by V N BADIGER Location: HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4747 WP No. 101794 of 2025 AGED MAJOR, OCC. AGRICULTURE, R/AT. NEAR ISHAWAR TEMPLE, MARAKUMBI, TQ. GANGAVATHI, DIST. KOPPAL. 583235. 6. SIDDARAMASWAMY S/O. LATE RUDRAYYA SWAMY HIREMATH, AGED ABOUT 68 YEARS, OCC. AGRICULTURE, R/O. 19TH WARD, BUS STAND, VADDAR ONI, TQ. GANGAVATHI, DIST. KOPPAL 583235. 7. GHANAMATH SWAMY S/O. LATE RUDRAYYA SWAMY HIREMATH, AGED ABOUT 55 YEARS, OCC. AGRICULTURE, R/O. NEAR RAMALAYA TEMPLE, SANGAPUR, GANGAVATHI, TQ. DIST. KOPPAL 583235. 8. THE REVENUE INSPECTOR MARALI, GANGAVATHI TQ. DIST. KOPPAL 583235. 9. VILLAGE ACCOUNTANT MARALI, TQ: GANGAVATI, DIST:KOPPAL – 583235. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R3 & R8, R9) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 19/09/2024 PASSED BY 1ST RESPONDENT IN ¸ÀASÉå.PÀA/C¦Ã®Ä ¸ÀASÉå.PÀA/C¦Ã®Ä ¸ÀASÉå.PÀA/C¦Ã®Ä ¸ÀASÉå.PÀA/C¦Ã®Ä/15/2024-2025/5113 PRODUCED AT ANNEXURE-E AND ORDER DATED 25/1/2024 PASSED BY 2ND RESPONDENT IN ¸ÀASÉå.Dgï.Dgï.n:C¦Ã®Ä: ¸ÀASÉå.Dgï.Dgï.n:C¦Ã®Ä: ¸ÀASÉå.Dgï.Dgï.n:C¦Ã®Ä: ¸ÀASÉå.Dgï.Dgï.n:C¦Ã®Ä:218/2023/7856 PRODUCED AT ANNEXURE- D, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: - 3 - NC: 2025:KHC-D:4747 WP No. 101794 of 2025 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner has filed this petition seeking a writ in the nature of Certiorari, to quash the impugned order dated 19.09.2024 passed by respondent No.1, produced as per Annexure-E, and the order dated 25.01.2024 passed by respondent No.2, produced as per Annexure-D. 2. Heard Sri V.M.Sheelavant, learned counsel for the petitioner and Sri T. Hanumareddy, learned Additional Government Advocate for respondent Nos.1 to 3, 8 and 9. Perused the materials on record. 3. It is the contention of the petitioner that lands bearing Sy.Nos.90/*/D/1 (New No.90/*/23) measuring 02.08 guntas, Sy.No.90/*/DPS measuring 1 Acre, and Sy.No.91/*/C1/P1 (new No.91/*/*) measuring 2.00 acres situate at Gangavathi Taluk, Marali Village were the self- acquired properties of his elder brother, who executed an unregistered Will dated 13.03.2014 bequeathing the - 4 - NC: 2025:KHC-D:4747 WP No. 101794 of 2025 properties in favour of the petitioner. Now the testator has died. The copy of the Will is produced as per Annexure-A. Therefore, on the basis of the Will, the name of the petitioner was mutated in the revenue records. The contesting respondent has challenged the said mutation entries by preferring an appeal before the Assistant Commissioner. Said appeal came to be allowed by condoning the delay of six years, and the mutation entry was set aside. When the petitioner challenged the same before the Deputy Commissioner, he confirmed the order of the Assistant Commissioner and dismissed the revision. Thus, the petitioner is before this Court. 4. On perusal of the order passed by the Assistant Commissioner produced as per Annexure-D, and the order of the Deputy Commissioner produced as per Annexure-E, they have consistently held that the revenue authorities have no right to act upon the Will, particularly when the same is in dispute. Reliance is placed on the decision of this Court in C.N.Nagendra Singh v. The Special - 5 - NC: 2025:KHC-D:4747 WP No. 101794 of 2025 Deputy Commissioner, Bangalore District and Others1 where it is categorically held that when the property was bequeathed under the Will, beneficiary has to approach the Civil Court, as the revenue authorities have no right to mutate the names on the basis of the Will. 5. In view of the above, I do not find any illegality or perversity in the orders passed by the Assistant Commissioner, which is affirmed by the Deputy Commissioner. Hence, the petition is liable to be dismissed. Accordingly, it is dismissed. In view of the disposal of the petition, I.A.No.1/2025 stands disposed off. Sd/- (M.G.UMA) JUDGE MKM List No.: 1 Sl No.: 11 1 ILR 2002 KAR 2750