- 1 - HC-KAR NC: 2025:KHC:35318 WP No. 19253 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19253 OF 2023 (KLR-RES) BETWEEN: SRI. KEMPEGOWDA S/O. LATE KEMPEGOWDA @ KULLEGOWDA AGED ABOUT 46 YEARS, RESIDENT OF DALIMBA VILLAGE, SATHANURU HOBLI, KANAKAPURA TALUK. RAMANAGARA DISTRICT. …PETITIONER (BY SRI. .N.R. NAIK, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001 2. THE TAHSILDAR, KANAKAPURA TALUK, KANAKAPURA - 562 101 3. SRI. DODDABASAVEGOWDA S/O NINGEGOWDA AGED ABOUT 80 YEARS, 4. SRI. DODDEGOWDA, S/O NINGEGOWDA AGED ABOUT 72 YEARS, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35318 WP No. 19253 of 2023 RESPONDENTS 3 AND 4 ARE RESIDENT OF DALIMBA VILLAGE, SATHANURU HOBLI, KANAKAPURA TALUK, RAMANAGARA DISTRICT - 562101 …RESPONDENTS (BY SRI. MANJUNATHA K., HCGP FOR R1 & R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO EFFECT MUTATION IN PURSUANCE OF SALE DEED DTD 28/03/1977 STANDS IN THE NAME OF FATHER OF THE PETITIONER IN RESPECT OF LAND BEARING SY.NO. 51/1 AND SY.NO. 51/3 MEASURING INTO EXTENT 0-21 GUNTAS AND LAND IN SY.NO. 50/4 MEASURING INTO EXTENT 0-24 GUNTAS, SITUATED AT DALIMBA VILLAGE, SATHANURU HOBLI, KANAKAPURA TALUK AND EFFECT THE MUTATION IN THE NAME OF THE PETITIONER DUE TO DEATH OF HIS FATHER IN RESPECT OF ABOVE LANDS VIDE ANNEXURE-E AND F AND ETC., THIS WP, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1 and 2. - 3 - HC-KAR NC: 2025:KHC:35318 WP No. 19253 of 2023 Notice to respondents No.3 and 4 is not necessary for the following reasons. 2. It is the contention of the petitioner that his father- Sri.Kempegowda purchased the lands in question namely, 21 guntas in Survey No.51/1 and 24 guntas in Survey No.51/3, situated at Dalimba village, Sathanuru Hobli, Kanakapura Taluk under a registered Sale Deed dated 28.03.1977 from Sri.Chikkabasave Gowda. However, the name of petitioner's father was never entered in the revenue records. The petitioner's father had given a representation to the Tahsildar, as could be seen at Annexure-E dated 02.02.2017. However, an endorsement was issued by the Tahsildar as could be seen at Annexure-F dated 30.08.2017 rejecting the application on the ground that Sri.Chikkabasave Gowda the vendor of the petitioner is not the khatedar. 3. Learned counsel for the petitioner submits that even if it is true that Sri.Chikkabasave Gowda was not the khatedar, nevertheless it is the contention of the petitioner and his father that Sri.Chikkabasave Gowda was the owner of the property although the khatha was standing in the name of some other - 4 - HC-KAR NC: 2025:KHC:35318 WP No. 19253 of 2023 person. At any rate, it is the duty of the Tahsildar to issue notice to the khatedar and/or his legal heirs to call for objections, since there is a registered Sale Deed in favour of the petitioner. 4. There is substance in the submission made by the learned counsel for petitioner. 5. The Tahsildar is duty bound to issue notice to the khatedar or the legal heirs of the khatedar if the khatedar is no more, to find out whether there is any objections to enter the name of the petitioner on the strength of the registered Sale Deed. If objections are raised, then the petitioner may be directed to approach a competent civil Court to get a declaration of title. 6. Accordingly, the writ petition stands disposed of with a direction to 2nd respondent-Tahsildar, Kanakapura Taluk, to consider this writ petition as a representation given by the petitioner to enter his name in the revenue records pursuant to the Sale Deed executed in favour of the petitioner's father. The Tahsildar shall issue notice to the khatedar and/or his legal heirs if the khatedar is no more, call for objections and if the - 5 - HC-KAR NC: 2025:KHC:35318 WP No. 19253 of 2023 legal heirs of the khatedar admit that the lands have been sold in favour of the petitioner's father, then the Tahsildar may proceed to enter the name of the petitioner in the revenue records. The Tahsildar is also required to call for information from the petitioner as to whether he is the only legal representative of his father. If there are other legal heirs left behind by Sri.Kempegowda who purchased his property, then the names of all the legal heirs shall be entered jointly in the revenue records. 7. However, if objections are raised from the khatedar or his legal heirs, an endorsement may be issued to the petitioner to approach a competent civil Court to get a declaration of title. Ordered accordingly. Sd/- (R DEVDAS) JUDGE MKM CT:VS