- 1 - HC-KAR NC: 2025:KHC:27934 WP No. 35286 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35286 OF 2024 (KLR-RES) BETWEEN: 1. SRI. MOHAMMAD IQBAL AHMED S/O ABDUL GHANI AGED ABOUT 59 YEARS R/AT NEW POST OFFICE ROAD HEBBUR, HEBBUR HOBLI, TUMKURU TOWN TUMKURU DISTRICT - 572101. …PETITIONER (BY SRI. SHEKARAPPA.,ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER TUMKURU TUMKURU DISTRICT - 572101. 2. THE ASSISTANT COMMISSIONER, TUMKURU TUMKURU DISTRICT - 572101. 3. TAHASILDAR, TUMKURU TALUK TUMKURU DISTRICT - 572101. 4. PANDURANGA S/O LATE KARIYAPPA Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27934 WP No. 35286 of 2024 AGED ABOUT 46 YEARS R/AT KAMBALAPURA, HEBBUR HOBLI TUMKURU TALUK TUMKURU DISTRICT - 572101. 5. THE REVENUE INSPECTOR HABBUR HOBLI TUMKURU TALUK TUMKURU DISTRICT - 572101. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3 AND R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE DEPUTY COMMISSIONER AT TUMKURU, IN R.P.NO.10/2023 DATED 14.10.2024 VIDE ANNEXURE; QUASH THE ORDER PASSED BY THE ASSISTANT COMMISSIONER, TUMKURU IN RA/T.U.M-589/2022, DATED 06.06.2022, VIDE ANNEXURE B AND CONSEQUENTLY RESTORE THE MUTATION BEARING NO. M.R.H.13/21-22 DATED 23.02.2022, VIDE ANNEXURE - E1 PERTAINING TO LAND BEARING SY.NO.61/1, MEASURING 2 ACRE 08 GUNTAS, SITUATED AT KAMBALAPURA VILLAGE, HEBBUR HOBLI, TUMKURU TALUK IN FAVOUR OF PETITIONER WITH SUITABLE DIRECTIONS TO INSERT HIS NAME IN THE CONCERNED REVENUE RECORDS PERTAINING TO SAID LAND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27934 WP No. 35286 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Smt. Navya Shekar, learned Additional Government Advocate accepts notice for the respondent Nos.1, 2, 3 and 5. 2. In this writ petition, it is stated that one Lakshminarasimhaiah had executed the registered mortgage deed dated 03.05.1925 in favour of Khalandar Sab in respect of the subject land. After the death of Khalandar Sab, the father of the petitioner - Abdul Ghani got possession of the land in question. It is also stated that respondent No.4 herein is the legal representative of the deceased Lakshminarasimhaiah, who had filed an appeal before the Assistant Commissioner and the same has been accepted by the respondent - authority and upon revision, the said order has been confirmed by respondent No.1 as per Annexure-A to the Writ Petition. 3. Taking into consideration that petitioner herein is claiming right over the property based on the mortgage deed, I am of the view that, disputed questions of fact are required to be adjudicated in this writ petition. Taking into consideration that - 4 - HC-KAR NC: 2025:KHC:27934 WP No. 35286 of 2024 it is open for the petitioner herein to establish his right over the property in question in a civil proceedings and in that view of the matter, no interference is called for in this writ petition. 4. Accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 21