- 1 - HC-KAR NC: 2025:KHC:44305 WP No. 31557 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31557 OF 2025 (KLR-RES) BETWEEN: 1. SRI K N RAJANNA S/O LATE SRI H NARAYANAPPA, AGED ABOUT 62 YEARS, R/AT KANNAMANGALA VILLAGE KASABA HOBLI DEVANAHALLI TALUK - 562 110. … PETITIONER (BY SRI. NARASIMHARAJU., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, CHAPPARADHA KALLU, VISHWANATHPURA, DEVANAHALLI, DODDABALLAPURA ROAD - 562 110. Digitally signed by VIDYA G R Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44305 WP No. 31557 of 2025 3. THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI … RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO AFFECT THE MUTATION IN THE NAME OF THE PETITIONER BY VIRTUE OF THE JUDGEMENT AND DECREE PASSED IN O.S.NO. 49/2007 AS PER ANNEXURE-E IN RESPECT OR THE PROPERTY BEARING SY.NO. 73 MEASURING TO AN EXTENT OF 4 ACRES OF KANNAMANGALA VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK BY VIRTUE OF REPRESENTATION DTD. 20.09.2024 AS PER ANNEXURE-J AND ETC. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for a direction to the 2nd respondent to effect mutation in the name of the petitioner, taking note of the judgment and decree passed in O.S.No. 49/2007, copy of which is enclosed at Annexure-E in respect of Sy. No. 73 measuring to an extent of 4 acres of Kannamangala Village, Kasaba Hobli, Devanahalli Taluk, after taking note of the representation at Annexure-J. - 3 - HC-KAR NC: 2025:KHC:44305 WP No. 31557 of 2025 2. It is the case of the petitioner that the father of the petitioner was granted an extent of 4 acres of land in Sy. No. 73 of Kannamangala Village, Kasaba Hobli, Devanahalli Taluk, and since certain disputes had arisen, the petitioner had filed O.S.No. 49/2007 against the State seeking for a declaration and for consequential relief of permanent injunction which suit came to be decreed as per the judgment and decree passed on 03.09.2014, wherein it was declared that the plaintiff was the owner in possession of the suit schedule property bearing Sy. No. 73 measuring 4 acres in Kannamangala Village, Kasaba Hobli, Devanahalli Taluk, in terms of the grant order dated 18.11.1955. The entirety of the suit came to be decreed declaring that the plaintiff to be the owner and granting other reliefs. The operative portion of the judgment reads as follows: "The plaintiff suit is decreed. It is declared that; - 4 - HC-KAR NC: 2025:KHC:44305 WP No. 31557 of 2025 a) The plaintiff is the owner in possession of the suit schedule property bearing Sy. no. 73 measuring 4 acres of Kannamangala Village, Kasaba Hobli, Devanahalli Taluk as per the grant order No.G.D.19/52-53 dated 18.11.1955 made by the Amildar, Devanahalli Taluk. b) The proceedings by the defendant No.3 in case no.LND.CR.534/2006-07 for grant of 2 acres of suit land in favour of defendant No.5 is not binding on the plaintiff. c) The proceedings initiated by the defendant no.6 in case No.LND.(De) 11/2007-08 dated 29.03.2008 for grant of 2 acres in the suit schedule land in favour of defendant No.7 is invalid and not binding on the plaintiff. d) The defendants are permanently restrained from interfering with the plaintiff's possession and enjoyment of the suit schedule property, without due process of law. Draw up decree accordingly." 3. The said judgment and decree was affirmed by the Appellate Court in R.A.No. 15057/2014 and the judgment of the Appellate Court also came to be affirmed in R.S.A.No.601/2022 disposed of on 30.08.2024. It is submitted that despite finality of the civil litigation and rights having accrued by the plaintiffs by way of Court - 5 - HC-KAR NC: 2025:KHC:44305 WP No. 31557 of 2025 orders, no steps have been taken to effect change in revenue records in terms of the rights acquired and recognised by the Court orders. 4. Learned Additional Government Advocate submits upon instructions that the State entities intend to approach the Apex Court against the order passed in R.S.A.No.601/2022. 5. Taking note that the regular second appeal which had affirmed the judgment and decree in O.S.No. 49/2007 whereby the petitioner was declared to be the owner, was disposed of on 30.08.2024 and till date, no further proceedings have been taken against such order, there is no question of the State deferring consideration of the petitioner's representation for effecting mutation in terms of the Court orders. 6. Accordingly, taking note of the judgment and decree passed recognising the rights of the petitioner, the Deputy Commissioner taking note of the mandate under - 6 - HC-KAR NC: 2025:KHC:44305 WP No. 31557 of 2025 Section 132(3) of the Karnataka Land Revenue Act, 1964 is directed to take appropriate steps for effecting changes in the revenue records, taking note of the legal proceedings as reflected in the judgment and decree by the trial Court which has attained finality before this Court. Though the technical mandate under Section 132(3) of the Act requires the Court to communicate to the Deputy Commissioner regarding adjudication and for effecting change in revenue records, however, in light of the admitted facts as reflected in the legal proceedings, the same to be taken note by the Deputy Commissioner and appropriate orders be passed within a period not later than 3 months from the date of receipt of certified copy of this order. 7. Accordingly, the writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP