- 1 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 100539 OF 2024 (KLR-RR/SUR) BETWEEN: SHAMEEMBANU W/O. LATE ALLABAKSHISAB AGE: 63 YEARS, OCC: HOUSEWIFE, R/O. M.S.COLONY, CHIKKAJOGIHALLI-583126, TQ: KUDLIGI, DIST: VIJAYANAGAR. …PETITIONER (BY SRI. PRASHANT S.KADADEVAR, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER DIST: VIJAYANAGAR-591222. 2. THE ASSISTANT COMMISSIONER TQ: HOSAPETE-583201. 3. THE DEPUTY TAHASILDAR NAD KACHERI GUDEKOTE, TQ: KUDLAGI-583130. 4. D TIPPESWAMY S/O. LATE NARASIMHAPPA AGE: MAJOR, OCC: AGRICULTURE, R/O. MAKANADUKU-583126, TQ: KUDLIGI, DIST: VIJAYANAGAR. 5. DASAR HANUMAKKA @ SIDDAMMA W/O. SIDDAPPA, AGE: MAJOR, R/O. CHORANUR VILLAGE, TQ: SANDUR, DIST: BALLARI-583201. …RESPONDENTS (BY SRI. M.M.KHANNUR, AGA FOR R1 TO R3; SRI. K.L.PATIL, ADVOCATE FOR R4; NOTICE TO R5 IS DISPENSED WITH) Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.07.19 12:48:34 +0530 - 2 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION QUASHING THE IMPUGNED ORDER BEARING NO.SAM/KAM/PAHANI.HA.BA./NAA.KA.GU/40/2013-14 DATED. 11.06.2014 PASSED BY THE RESPONDENT NO.3 VIDE ANNEXURE-E AND THE IMPUGNED ORDER BEARING NO.A, VILE.SAM/ KAM/PAHANI/APPEALU/136/2018-19 DATED 8.10.2020 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-F AND THE IMPUGNED ORDER BEARING NO. SAM/KAM/APPEALU/140/2022-23 DATED. 23.11.2023 PASSED BY THE RESPONDENT NO.2 VIDE ANNEXURE-J, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) This petition is filed by the petitioner seeking to quash the impugned orders passed by respondents No.2 and 3. Petitioner claims to have purchased the property bearing Sy.No.271B measuring 3 acre, 64 cents under the registered Sale Deed from Smt.Dasara Hanumakka @ Siddamma W/o.Siddappa vide a registered Sale Deed dated 15.05.2013 and thereby petitioner became the absolute owner of the said property and in peaceful possession and enjoyment of the same. This being the case, respondent No.4 who is son of one of the sisters of Dasara Hanumakka @ Sidamma; the vendor of petitioner - 3 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 objected to the entry of the name of petitioner in the revenue records on the ground that he has filed O.S.no.101/2013. 2. The petitioner had made an application before the Tahashildar to enter his name by virtue of the registered Sale Deed in the revenue Records. The same was objected to by the 4th respondent under the premise that he has filed suit in O.S.No.101/2013. Accordingly, the name of petitioner was not entered into and he was directed to secure relief from the Civil Court. Same was challenged before the 2nd respondent, who confirmed the same and so also respondent No.1. 3. It is the contention of learned counsel for the petitioner that once he has a registered Sale Deed, it is the duty of the respondent authorities to change the revenue entries as contemplated under Section 128 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) and Rules 63 of the Karnataka Land Revenue Rules, 1966 - 4 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 (for short, ‘the Rules’), but the same has not been done and on the premise of the objections raised by the 4th respondent has referred the petitioner to approach the Civil Court for appropriate remedy in the original suit filed by the 4th respondent. It is also contended by learned counsel for the petitioner that the said original suit came to be withdrawn by respondent No.4. Therefore, there is no other option available to the respondent authorities except to enter the name of petitioner as per the Sale Deed. If any suit is filed, or preferred which changes the ownership either of the petitioner or the respondent, same can be incorporated at later point of time on such event occurring. Hence, the present petition. 4. Per Contra, learned counsel for respondent No.4, who is the son of one of the sisters of the vendor of petitioner and the objector to the change of the name of petitioner in the revenue records before the respondent authorities and submits that he had filed suit for partition in O.S.101/2013 though it came to be withdrawn. He has - 5 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 filed another suit in O.S.no.88/2019, which is pending adjudication. Therefore, he contends that the subject property of the petitioner is the subject matter in the original suit for partition. Therefore, the authorities are right in relegating the petitioner to approach the civil court, the outcome of the civil court would decide the entries in the revenue records, the same is also concurred and subscribed to by the learned AGA. 5. I have heard learned counsel for the petitioner and learned counsel for respondent No.4 as well as learned AGA for respondents No.1 to 3. 6. The provisions of Section 128 of the Karnataka Land Revenue Act, 1964 reads as under and the Rules 63 of the Karnataka Land Revenue Rules, 1966 reads as under : “128. Acquisitions of rights to be reported.—(1) Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his - 6 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 acquisition of such right to the prescribed officer of the village within three months from the date of such acquisition, and the said officer shall at once give a written acknowledgment of the receipt of the report to the person making it: Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the prescribed officer: Provided further that any person acquiring a right by virtue of a registered document shall be exempted form the obligation to report to the prescribed officer: [Provided also that any person reporting under this sub- section the acquisition by him of a right in partition in respect of the land shall annex with the report a sketch showing the metes and bounds and other prescribed particulars of such land and such person shall get the sketch prepared by a licensed surveyor Explanation I.—The rights mentioned above include a mortgage without possession but do not include an easement or a charge not amounting to a mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882 (Central Act No. 4 of 1882). Explanation II.—A person in whose favour a mortgage is discharged or extinguished or a lease determined acquires a right within the meaning of this section. (2) Notwithstanding anything contained in sub-section (1), the State Government may, by notification, appoint any Revenue Officer to whom a report under sub-section (1) may be made, in which case such officer shall give a written acknowledgment of the receipt of such report to the person making it, and forward the report to the prescribed officer of the village concerned. (3) If any person makes a report under sub-section (1) or sub-section (2),- - 7 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 (a) after the period of three months but within the period of one year from the date of acquisition of the right, the report shall be received on payment of a penalty of two rupees; (b) after a period of one year from the date of such acquisition, the report shall be received on payment of a penalty of not less than two rupees but not exceeding ten rupees, as may be ordered,— (i) by the Tahsildar, in case the report is made under sub-section (1) to the prescribed officer, or (ii) by the Revenue Officer, in case the report is made to such officer under subsection (2). (4) No document by virtue of which any person acquires a right in any land as holder, occupant, owner, mortgagee, landlord or tenant or assignee of the rent or revenue thereunder, shall be registered under the Indian Registration Act, 1908 (Central Act 12 of 1908), unless the person liable to pay the registration fee also pays to the registering authority such fees as may be prescribed for making the necessary entries in the record of rights and registers referred to in section 129; and on the registration of such a document, the registering authority shall make a report of the acquisition of the right to the prescribed officer. “63. Registrar and Sub-Registrar to send intimation slips to the the Tahsildar :- (1) The Registrar or Sub-Registrar as the case may be shall, on receipt of information under Rule 44 of the completion of the preliminary record, send to the Tahsildar, daily intimation slips in Form 10 of all transactions relating to lands registered in his office, compiled separately for each village. The Registrar or Sub-Registrar shall also send a consolidated list of all transactions once in a fortnight to the Tahsildar or to the authorized officer in Form 10-A. - 8 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 (2) On receipt of intimation slip from the Registrar or Sub-Registrar in Form 10 or Form 10-A or on receipt of the report in Form 20-A the Tahsildar or the authorized officer shall cause the intimation slip to be entered in a Register in Form 10-B village-wise giving separate serial numbers for each village.” 7. When there is any change of ownership with regard to immovable property and the same is registered, it becomes the duty and obligation of the authorities to refer it to the Tahashildar, who shall incorporate the entries in the revenue records as per the registered document as contemplated under Section 128 of the Act. 8. No doubt, if any party objects to the entry being not legal or any suit pending, any interim order granted in any Court proceedings, the same can be brought to the notice of the authorities, which on perusal by the authorities, if required and if there is a mandate, the same could be entered in the revenue records describing the same, but that will not preclude the revenue authorities from not including the name of the petitioner in the revenue records based on the registered Sale Deed. - 9 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 9. Learned counsel relies upon a Judgment of co- ordinate Bench of this Court passed in Writ Petition No.147891/2020 (LB-RES) in support of his case. 10. I am in agreement with the learned counsel for the petitioner that the revenue authorities ought to have entered the name of the petitioner in the revenue records based on the registered Sale Deed rather than directing the petitioner to approach the Civil Court for obtaining order. It is for the objecting party, who is not a registered owner to secure such orders from the Court and place the same before the revenue authorities for change of such entry, if such a situation arises in the pending original suit the concerned parties may approach the authorities for change of name as on such decision which may arise. Under the circumstances, I pass the following : ORDER (i) Petition is allowed. (ii) The impugned order dated 11.06.2014 vide Annexure-E passed by respondent No.3 and - 10 - HC-KAR NC: 2025:KHC-D:8824 WP No. 100539 of 2024 order dated 08.10.2020 passed by the 2nd respondent vide Annexure-F as well as the order dated 23.11.2023 passed by the 1st respondent vide Annexure-J are hereby quashed. (iii) The respondent No.3 shall incorporate the name of the petitioner in revenue records as per the registered Sale Deed within 4 weeks from the date of receipt of copy of this order. (iv) The parties are at liberty to place such material, of any interim order passed by the Court to be incorporated in the revenue records, if so ordered by the Civil Court and same shall be complied. (v) Ordered accordingly. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK List No.: 1 Sl No.: 7