- 1 - HC-KAR NC: 2025:KHC:25651 WP No. 22335 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.22335 OF 2024 (LB-RES) BETWEEN: M. GOWTHAM S/O MUNISHWAMAPPA, AGED ABOUT 39 YEARS, NO.12, 1ST A CROSS, MARUTI NAGAR, KAMAKSHIPALYA, BENGALURU - 560 079. …PETITIONER (BY SRI. SHIVABEERAIAH S.M., ADVOCATE) AND: 1. THE PANCHAYATH DEVELOPMENT OFFICER, NAGAVALLI VILLAGE PANCHAYAT, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT - 572101. 2. THE CHIEF EXECUTIVE OFFICER, TALUK PANCHAYAT, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 101. 3. THE TALUK SURVEYOR THE DEPARTMENT OF SURVEY AND LAND RECORDS, TUMAKURU TALUK, TUMAKURU DISTRICT - 572 101. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25651 WP No. 22335 of 2024 4. THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYAT, TUMAKURU TALUK TUMAKUR DISTRICT - 572 101. …RESPONDENTS (BY SRI. A. NAGARAJAPPA, ADV. FOR R1, R2 & R4; SMT. SPOORTHY V., HCGP FOR R3) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTRUCTION OF INDIA, PRAYING TO ISSUE A WRIT, ORDER, DIRECTION IN THE NATURE OF MANDAMUS DIRECTING THE R1 NAGAVALLI VILLAGE PANCHAYAT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED: 05.04.2024 VIDE ANNEXURE-A TO EFFECT E-KHATHA OF SITE PROPERTY BEARING KHATA NO.09 MEASURING TO AN EXTENT OF EAST TO WEST 12.192 MTRS (40 FTS) NORTH TO SOUTH 60.96 MTRS(201), SITUATED AT LAKKENAHALLI VILLAGE, NAGAVALLI VILLAGE PANCHAYAT LIMIT, HEBBUR HOBLI, TUMKUR TALUK AND DISTRICT AFTER OBTAINING SURVEY REPORT IN COLLABORATION WITH RESPONDENT No.3. 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 The petitioner claims to have inherited the property in question through his paternal lineage. It is the specific case of the petitioner that his grandfather, late *Tirumalaiah, had acquired the subject property by way of a registered sale deed and that during his lifetime, * corrected vide chamber order dated 29.07.2025. - 3 - HC-KAR NC: 2025:KHC:25651 WP No. 22335 of 2024 he executed a registered Will dated 22.06.2015 bequeathing the said property. The petitioner has placed reliance on this Will to assert his right to seek mutation of his name in the revenue records and to obtain an e- Khatha. In furtherance of the same, the petitioner submitted a representation dated 05.04.2024 to the first respondent – Nagavalli Village Panchayat, as evidenced at Annexure-A. Despite the lapse of considerable time, no action has been taken by the Panchayat to consider or dispose of the said representation, which has necessitated the present writ petition. 2. During the course of arguments, when queried by this Court as to the maintainability of a mutation request based solely on a Will without a probate or civil court decree, learned counsel for the petitioner submitted that the requirement of probate does not arise in the present case. In support of this submission, it is pointed out that the Will in question has been duly registered, and more importantly, the property is situated outside the territorial - 4 - HC-KAR NC: 2025:KHC:25651 WP No. 22335 of 2024 limits of the original civil jurisdiction of the High Courts at Bombay, Calcutta and Madras, where alone probate is mandatory under the Indian Succession Act, 1925. Furthermore, it is contended that the petitioner's father was the only son of late *Tirumalaiah, and both the testator (grandfather) and his only son (petitioner's father) have since passed away, leaving the petitioner as the sole surviving Class-I legal heir of the testator. 3. It is further contended by the petitioner that in view of the fact that there are no other surviving legal heirs and no rival claims to the estate of late *Tirumalaiah, the matter squarely falls under the exception recognized in law where probate or a declaratory decree is not insisted upon. In such cases, particularly where the Will is registered, the revenue authorities are competent to effect mutation after holding a summary enquiry into the genuineness of the Will and the legal heirship of the applicant. The insistence on probate or a civil court decree, it is submitted, would be unduly burdensome and * corrected vide chamber order dated 29.07.2025. - 5 - HC-KAR NC: 2025:KHC:25651 WP No. 22335 of 2024 unwarranted, especially when there is no dispute raised by any third party. 4. Accordingly, this Court is of the view that the competent authorities are under an obligation to examine the petitioner's claim in light of the registered Will dated 22.06.2015 and the sale deed executed in favour of the petitioner's grandfather. If upon enquiry it is found that the petitioner is indeed the sole surviving legal heir of late *Tirumalaiah, then the authorities shall proceed to effect mutation and issue the e-Khatha in the petitioner's name. In the event of any objections being received during such enquiry, the same shall be duly considered and disposed of by passing a reasoned order after taking into account the undisputed chain of title and the registered Will. 5. With this observation, following: ORDER 1. Writ petition is allowed. * corrected vide chamber order dated 29.07.2025. - 6 - HC-KAR NC: 2025:KHC:25651 WP No. 22335 of 2024 2. The petitioner is reserved liberty to tender a fresh representation online annexing a copy of the registered sale deed obtained by his grandfather as well as registered Will executed by his grandfather on 22.06.2015. The petitioner shall also annex all requisite documents to substantiate that the petitioner is the sole surviving class I heir dehors registered Will executed by his grandfather. After the documents are furnished, the respondent No.1 shall pass appropriate orders. 3. This exercise shall be completed within a period of three months from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SBN List No.: 1 Sl No.: 3