- 1 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JUNE 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 105343 OF 2024 (KLR-RR/SUR) BETWEEN: PEDRO POVEDA CHURCH, SHANTI NAGAR, BANDEHALLA HONAVAR, OCC: NISHPAT PERISH PRIEST ST. PEDRO POVEDA CHURCH, FR. ALWYN J. CARDOZA, AGE: 67 YEARS, R/AT: SHANTINAGAR, HONAVAR, DIST: UTTARA KANNADA-581 334. …PETITIONER (BY SRI. SURESH S. BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRINCIPLE SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU-01. 2. THE DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR, AT: KARWAR-581301. 3. THE ASSISTANT COMMISSIONER, BHATKAL, UTTARA KANNADA DIST-581420. 4. THE TAHASILDAR, HONAVAR, AT: HONAVAR-581334. 5. THE REVENUE INSPECTOR, HONAVAR TOWN, AT: HONAVAR, UTTARA KANNADA DIST-581334. 6. THE VILLAGE ACCOUNTANT, DURGAKERI, HONNAVAR TOWN, AT: HONAVAR, UTTARA KANNADA DIST-581334. …RESPONDENTS (BY SRI. S.V. MAGADUM, AGA) VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE a) WRIT OF CERTIORARI TO QUASHING ORDER/ENDORSEMENT IN RESPECT OF MUTATION ENTRY DT. 10/12/2013 PASSED BY THASILDAR, HONAVAR, AT NO.RTS/VIVA/135/13-14 IN MUTATION ENTRY NO.A 2310 PERTAINING TO SY.NO.58/5+6A2 OF HONAVAR VILLAGE IN HONAVAR TALUK VIDE ANNEXURE-H TO QUASH ORDER DT. 30/07/2015 PASSED BY ASSISTANT COMMISSIONER, BHATKAL IN CASE NO.RTS/AP/SR-1/2014-15 VIDE ANNEXURE-L AND ORDER DT. 12/06/2017 IN NO.RB/RTR/CR-36/15-16 PASSED BY DEPUTY COMMISSIONER, UTTARA KANNADA, KARWAR VIDE ANNEXURE-M. b) WRIT IN THE NATURE OF MANDAMUS BY ISSUING THE DIRECTIONS TO THE RESPONDENT NO.4 THE THASILDAR, HONAVAR TO ENTER THE NAME OF THE PETITIONER IN PURSUANCE OF REGISTERED SALE DEEDS DATED 23/12/1999. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR) Heard learned counsel for the petitioner and learned AGA for respondent/State. 2. This petition is filed by the petitioner seeking quashing of the order/endorsement in respect of Mutation Entry dated 10.12.2013 passed by the Tahasildar, Honnavar at No.RTS/Viva/135/13-14 of Honnavar village vide Annexure-H and order dated 30.07.2015 passed by - 3 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 the Assistant Commissioner, Bhatkal in case No.RTS/AP/SR-1/2014-15 vide Annexure-L and order dated 12.06.2017 passed by the Deputy Commissioner, Uttara Kannada, Karwar in Case No.RB/RTS/CR-36/15-16 vide Annexure-M and consequently sought for writ of mandamus. 3. Petitioner is the absolute owner of property bearing Sy.No.58/5+6 A2 measuring 15 guntas situated at Bandehalla, Honnavar town of Uttara Kannada District. The record of rights depicts the Mutation Entry No.A 2310 of 22.07.1992 as per KJP Sy.No.58 was changed as Sy.No.58B, but was not brought into effect in the record of rights. Petitioner claims to be the owner by virtue of registered Sale Deed. Petitioner has made an application to the Tahashildar, the same came to be rejected. Hence, he challenged same before the Assistant Commissioner, who also rejected the claim of the petitioner, same came to be again challenged before the Deputy Commissioner, who also dismissed the appeal directing petitioner to - 4 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 approach the Civil Court relying upon a Judgment of co- ordinate Bench of this Court. 4. It is the contention of learned counsel for the petitioner that petitioner is the absolute owner of the property in question, having secured the same by virtue of registered Sale Deed, that being the case, when there is a sale deed, authorities are required to inform same to the Tahashildar for change of revenue records as contemplated under Section 128 of the Karnataka Land Revenue Act, 1964 (for short, ‘the Act’) and so also under Rule 63 of the Karnataka Land Revenue Rules, 1966 (for short, ‘the Rules’). This having not been done, the impugned orders passed by respondents are illegal, arbitrary and same are unsustainable. It is not for the authorities to decide whether the petitioner is the owner or not and directing him to go and approach the Civil Court for remedy. There is no objection raised with regard to any rival claim or any third party objecting to the entry of name of the petitioner in the revenue records with regard - 5 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 to the property in question. In view of there being change in the KJP, the revenue entries are not changed and the representation so made is rejected by the authorities. It is relevant to extract provisions of Section 128 of the Act :- “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 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 - 6 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 mortgage of the kind specified in section 100 of the Transfer of Property Act, 1882 (Central Act 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),- (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 sub-section (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 - 7 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 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.” 5. It is also relevant to extract provisions Rule 66 of the Rules : “66. Checking of mutations :- Objections, if any, to the entries made in the mutation register, may be preferred within thirty days from the date of publication of the entries under sub-rule (3) of Rule 64. If no objection is received within the period of thirty days, the entries shall be checked and accepted or rejected by the Revenue Inspector. After the entries are checked and accepted or rejected, such entries shall be sent to the Tahsildar or the authorized officer who shall cause it to be transferred to the Record of Rights Register maintained under sub-rule (1) of Rule 62.” 6. It is needless to mention that when a registered document is presented after registration, it is the duty of authority to send the same along with Form-J to the concerned authorities and for making change of entry in the name of registered owner in the revenue records. Same having not been done and the impugned orders directing petitioner to approach the Civil Court for - 8 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 rectification of the Deed is un called for as it is not for the revenue authorities to delve into the details of whether the Sale Deed is correct or not. If at all any one is aggrieved by the said entry, the concerned person would have the liberty to challenge same in the manner known to law and therefore there is no requirement for the petitioner to go and approach the Civil Court for relief of direction to the authorities to enter name of the petitioner in the revenue records. 7. In view of Form-J having been submitted, authorities concerned shall enter the name as per the registered Sale Deed in the revenue records. Accordingly, I pass the following : ORDER (i) Petition is disposed of. (ii) The impugned endorsement dated 10.12.2013 is hereby quashed, consequently writ of mandamus is issued directing - 9 - HC-KAR NC: 2025:KHC-D:8037 WP No. 105343 of 2024 respondent No.4/Tahashildar to enter the name of petitioner pursuant to the registered Sale Deed available with the authorities. (iii) The said exercise shall be completed within eight weeks from the date of receipt of copy of this order. (iv) It is made clear that this Court has not delved into the merits of the matter or rights of the petitioner of the registered property including survey number and changed survey number. Sd/- (PRADEEP SINGH YERUR) JUDGE CKK CT-MCK List No.: 1 Sl No.: 77