- 1 - HC-KAR NC: 2025:KHC:31871 WP No. 27906 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.27906 OF 2024 (KLR-RR/SUR) BETWEEN: 1. PAPANNA @ TIRUVENKATESH S/O LATE TIMMAPPAIAH AGED ABOUT 61 YEARS R/AT BIRLA CIRCLE NEAR SHIVA TEMPLE AMMASANDRA VILALGE DANDINASHIVARA HOBLI TURUVEKERE TALUK TUMAKURU DISTRICT-572 211. …PETITIONER (BY SRI. MANJUNATH T.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS CHIEF SECRETARY VIDHANA SOUDHA BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER TUMAKUR DISTRICT TUMAKURU - 572101. 3. THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION TUMAKURU - 572101. Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31871 WP No. 27906 of 2024 4. THE TAHSILDAR GUBBI TALUK, GUBBI TOWN, TUMAKURU DISTRICT - 572216. …RESPONDENTS (BY SRI. SESHU V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TOQUASHING THE ENDORSEMENT ANNEXURE-A DATED 22.02.2024 BEARING NO.RRT.CR:756/23-24 ISSUED BY THE R4/TAHSILDAR, GUBBI TALUK AND DIRECT THE R4 TO EFFECT KHATHA AND PHAHANI INTO THE NAME OF PETITIONER AS PER THE PROBATE CERTIFICATE/LETTER OF ADMINISTRATION ISSUED BY THE HONBLE II ADDL. DISTRICT AND SESSIONS JUDGE, TUMAKURU IN P AND SC NO.04/2021, WITH REGARD TO THE PETITION SCHEDULE PROPERTY ONLY TO THE EXTENT OF 37 GUNTAS IN SY.NO.13 THE EXTENT OF 5 ACRE 22 GUNTAS, SITUATED AT HINDAGANAHALLI VILLAGE, NITTU HOBLI, GUBBI TALUK, TUMAKURU DISTRICT AS PER ANNEXURE-D, DATED 20.07.2023. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER 1. Learned HCGP takes notice for all the respondents. 2. The petitioner is aggrieved of the impugned endorsement at Annexure-A dated 22.02.2024 issued by the Tahasildar, Gubbi Taluk declining to enter the name of the petitioner in the land records, although it is contended - 3 - HC-KAR NC: 2025:KHC:31871 WP No. 27906 of 2024 by the petitioner that he has obtained probate/letters of Administration of the Will left behind by Sri.Narayana Jois. 3. Learned HCGP however contends that the Tahasildar has found that Sri.Narayana Jois is not the khatedar. Moreover, the entire extent of land in Sy.No.13 is 5 acres 22 guntas and it is contended by the petitioner herein that Sri.Narayan Jois has bequeathed 37 guntas of land in Sy.No.13 in favour of the petitioner. 4. In the considered opinion of this Court, this Court has laid down the law in the matters of change of khata or mutation on the strength of a Will, whether it is a registered Will or an unregistered Will, in many writ petitions including W.P.No.421/2023 dated 25.01.2023. Having regard to the provisions contained in Section 129 of Karnataka Land Revenue Act, 1964, this Court has laid down the procedure in cases where Wills are brought before the revenue authorities. It has been directed that notice shall be issued to all the concerned and objections shall be called for. If the concerned parties appear before - 4 - HC-KAR NC: 2025:KHC:31871 WP No. 27906 of 2024 the revenue authority and give their consent to mutate the revenue records in terms of the Will, only then the revenue authorities can proceed to mutate the revenue records in terms of the Will. On the other hand, if objections are raised, the aggrieved party should be directed to approach the competent Civil Court to get a declaration of title. 5. In that view of the matter, the writ petition stands disposed of reserving liberty to the petitioner to file one more application before the Tahasildar giving complete details of the legal heirs of the previous khatadar. If such application is filed, the Tahasildar shall issue notice to all concerned and thereafter proceed in accordance with law. Ordered accordingly. Sd/- (R DEVDAS) JUDGE RHS List No.: 1 Sl No.: 12