- 1 - HC-KAR NC: 2025:KHC:49046 WP No. 34874 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 34874 OF 2025 (KLR-RR/SUR) BETWEEN: 1. MR. SHIVKUMAR DIXITH S/O. LATE CHANDRASHEKAR DIXITH AGED ABOUT 50 YEARS KOTE, SHANKARA MATA ROAD, KOLARA - 563 102. … PETITIONER (BY SRI. PATIL J M., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101. 2. THE TASHILDAR KOLAR DISTRICT, KOLAR - 563 101. … RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO I. ISSUE WRIT OF CERTIORARI AND QUASH THE IMPUGNED ENDORSEMENT BEARING NO.SUM-RRTCR/408/2025-26 DATED 24/10/2025 WHICH IS AT ANNEXURE -C (TO THE WRIT PETITION) IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49046 WP No. 34874 of 2025 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 Petitioner sought for setting aside of the endorsement at Annexure-C. 2. In terms of Annexure-C, the Tahsildar while considering the request of the petitioner to effect katha on the basis of the Will has rejected the same on the ground that the Will has not been probated. It is observed in the said endorsement that as the Will has not been probated, request would be considered only after Probate of the Will. 3. It is a settled position of law that probate of Will is required only if the Will falls within the category as envisaged under Section 213 read with Section 57 of the Indian Succession Act, 1925. In the present case, the Will at Annexure-A does not fall within the category of Will that requires probate. If that were to be so, the authority is to - 3 - HC-KAR NC: 2025:KHC:49046 WP No. 34874 of 2025 consider the request of the petitioner without insisting for probate of the Will. 4. Accordingly, the endorsement at Annexure-C is set aside. The Tahsildar - respondent No.2 to consider the request of the petitioner as per law without insisting for probate. Needless to state applicable procedure to be followed. 5. In light of the above, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP