- 1 - NC: 2025:KHC-D:1562 WP No. 105120 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 105120 OF 2024 (KLR-RR/SUR) BETWEEN: SRI S. NAGESHWARA REDDY S/O SRI. S. SAMBASHIVA REDDY, AGED ABOUT 56 YEARS, R/A SPS KUNG APARTMENT, S12, BASAVESHWARA EXTENSION, HOSPET-583201, VIJAYANAGAR DISTRICT. …PETITIONER (BY SRI. OMKAR L. DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR ROAD BENGALURU-560 01. REP. BY ITS SECRETARY 2. THE THASILDAR, HOSPET TALUK, HOSPET-583201. 3. THE REVENUE INSPECTOR, HOSPET TALUK, HOSPET-583201. 4. SRI. N. BASAVANAGOWDA , S/O LATE S. PAMPANNA, AGED ABOUT 55 YEARS, R/AT KOTTIGINAHAL VILLAGE, HOSPET TALUK, VIJAYANAGARA DISTRICT -583223. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR R1-R3; NOTICE TO R4 IS DISPENSED WITH) THIS WRIT PETITION IS FILED UNDER SECRETIONS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO, ISSUE A WRIT OR ORDER OR DIRECTION OR ORDER IN THE NATURE OF CERTIORARI AND QUASH THE ORDER DATED 23.05.2023 PASSED IN ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 11:44:09 +0530 - 2 - NC: 2025:KHC-D:1562 WP No. 105120 of 2024 NO. ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ/37/2023-24 BY THE RESPONDENT NO.2, THE THASILDAR VIDE ANNEXURE-‘D’ & 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 SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondents No.1 to 3. Notice to respondent No.4 is dispensed with in view of the fact that respondent No.4 is a vendor of the petitioner. 2. The petitioner is before this court seeking for the following reliefs: a) Issue a writ or order or direction or order in the nature of certiorari and quash the order dated 23.05.2023 passed in No. ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ ¸ÀA.PÀA.¥ÀºÀtÂ/UÉÊgÀÄ/37/2023-24 by the respondent No.2, the Thasildar Vide Annexure-‘D’. b) Further be pleased to issue a writ or order or direction, direct the respondent No. 2 to change the mutation in the name of the petitioner in respect of the land bearing Sy. No.77/C/2B measuring 1 acre situated at Jambunathahalli, Hospet Hobli, Hospet Taluk. c) Further be pleased to grant any other relief or reliefs that this Hon’ble may deems fit under the circumstances of the case along with the costs of this petition, in the interest of justice and equity. - 3 - NC: 2025:KHC-D:1562 WP No. 105120 of 2024 3. The petitioner claims to be the owner and in possession of land bearing SyNo.77/C/2B, measuring 01 acre situated at Jambunathahalli, Hospet Taluka having purchased the same from respondent No.4 under a registered Sale Deed dated 25/04/2023. The Sub-registrar called for a report from the Tahashildar to ascertain if any permission or prior approval was required from the Revenue Department to sell the aforesaid land by respondent No.4 to the petitioner and an endorsement had been issued on 18/03/2023 by the Tahashildar stating that there is no necessity for granting any approval or permission to sell the land in furtherance of the Sale Deed came to be registered. It is in that background that necessary mutation entries were made and also entries in the RTCs. 4. At this stage, the Tahashildar after calling for a report from the Revenue Inspector, issued a notice on 20/05/2023 to the petitioner and also to the - 4 - NC: 2025:KHC-D:1562 WP No. 105120 of 2024 vendor respondent No.4 alleging that there was no prior approval obtained from the Tahashildar as the land in question is a Government land and the same could not be sold without such permission. Challenging the same, the petitioner is before this Court. 5. The Tahashildar once earlier vide an endorsement dated 18/03/2023 having categorically stated that there is no necessity for granting of any approval or permission to sell the land in question, the said order having been passed in administrative capacity of the Tahashildar, I am of the considered opinion that the Tahashildar could not review his own order and issue a notice to the petitioner calling upon to show cause as to why the Sale Deed could not be cancelled once the endorsement had been issued on 18/03/2023, the Tahashildar was rendered functus officio and could not review his own order by issuing a notice to the petitioner, in that view of the matter, issuance of - 5 - NC: 2025:KHC-D:1562 WP No. 105120 of 2024 a show cause notice/order rejecting the changes in the mutation entries in the name of the petitioner on the ground that prior approval has not been obtained is not permissible, a sale deed having been already executed, mutation entries having already been made in the name of the petitioner, the question of subsequently rejecting the changes would not arise. 6. If at all the same has to be cancelled by following due process of law. Be that as it may, as aforesaid the Tahashildar having been rendered functus officio after having indicated that there was no requirement of any prior permission for Sale of the concerned land, the question of issuance of any show cause notice and order rejecting the mutation entry would not arise, in that view of the matter, I pass the following : ORDER (i) Writ petition is allowed. - 6 - NC: 2025:KHC-D:1562 WP No. 105120 of 2024 (ii) Writ of certiorari is issued. The impugned order dated 23/05/2023 passed by the 2nd respondent vide Annexure-D is quashed. (iii) Respondent is restrained from causing any change in the mutation entries standing in the name of the petitioner. (iv) In view of disposal of petition, I.A.No.1/2024 does not survive for consideration. Sd/- (SURAJ GOVINDARAJ) JUDGE CKK LIST NO.: 1 SL NO.: 40