- 1 - HC-KAR NC: 2025:KHC:30995 WP No. 23014 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23014 OF 2025 (KLR-RES) BETWEEN: SRI SHIVAPRASAD A S/O.LATE. ANKEGOWDA AGED ABOUT 58 YEARS R/AT NO.85, 11TH 'A' MAIN ROAD, 19TH CROSS, MUNESHWARA BLOCK, BEHIND JNANA VIGNANA SCHOOL, PADMANABA NAGAR, BENGALURU-560070. …PETITIONER (BY SRI. VIVEK SUBBA REDDY., SR. COUNSEL FOR SRI. M S NARAYAN., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE, MS BUILDING, BENGALURU -560 001. 2. THE ASSISTANT COMMISSIONER, MANDYA TALUK AND DISTRICT MANDYA - 571401. 3. THE TAHASILDAR MADDUR TALUK, MADDUR-57428. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30995 WP No. 23014 of 2025 4. THE STATION HOUSE OFFICER MADDUR POLICE STATION MADDUR TALUK, MADDUR-571428 …RESPONDENTS (BY SRI. SESHU.V., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R2 AND R3 TO EFFECT MUTATION AND ENTRIES IN RTC PHANIES IN RESPECT OF THE SCHEDULE PROPERTY IN FAVOUR OF THE PETITIONER PURSUANT TO THE REPRESENTATION AT ANNEXURE-E WITHIN A TIME FRAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned Senior Counsel Sri Vivek Subbareddy, appearing for the petitioner submits that the petitioner has purchased the land in question, i.e., 2 acres 7 guntas of land in Ajjahalli Village, Kasba Hobli, Maddur Taluk, - 3 - HC-KAR NC: 2025:KHC:30995 WP No. 23014 of 2025 Mandya District, in Survey No.188/2, under registered sale deed dated 28.10.2024. However, there was a suit filed by a third party in O.S.No.567 of 2024 and there was an interim order passed in the said suit which prohibited the Tahasildar from entering the name of the petitioner in the land records. However, the learned I Additional Civil Judge and JMFC at Maddur has passed an order subsequently on 14.02.2025 rejecting the application filed by the plaintiff under Order XXXIX Rules 1 and 2. Thereafter, the petitioner approached the Tahasildar to effect mutation entry in favour of the petitioner on the strength of the registered instrument. There is a direction issued by the Assistant Commissioner also at Annexure-G to the Tahasildar on 21.04.2025 directing the Tahasildar to consider the documents that would be submitted by the petitioner and to take action in accordance with law. Learned Senior Counsel submits that in terms of Sections 128 and 129 of the Karnataka Land Revenue Act, the petitioner has a right to seek entry of his name in the - 4 - HC-KAR NC: 2025:KHC:30995 WP No. 23014 of 2025 revenue records pursuant to the petitioner purchasing the lands from the previous khatedars. 3. There is substance in the submission made by the learned Senior Counsel. The revenue authorities, more particularly the Tahasildar is duty bound to effect mutation entry on the basis of the registered instrument in terms of Sections 128 and 129 of the Act. All that the Tahsildar is to verify is whether the previous khatedar has sold the property in favour of the petitioner. If that is so, then nothing will prevent the Tahasildar from proceeding to effect the mutation entry in favour of the petitioner on the strength of the registered sale deed. 4. Consequently, the petition stands disposed of with a direction to the respondent No.3 – Tahasildar, Maddur Taluk, to proceed to verify from the records and find out whether the previous khatedar has sold the property in favour of the petitioner under the registered sale deed. If it is clear that the previous khatedar has sold - 5 - HC-KAR NC: 2025:KHC:30995 WP No. 23014 of 2025 the property in favour of the petitioner, then the Tahasildar shall proceed to mutate and enter the name of the petitioner in the land records in accordance with law, as expediently as possible and at any rate within a period of six weeks from the date of receipt of a copy of this order. Ordered accordingly. 5. Learned HCGP is permitted to file his memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT: JL