- 1 - HC-KAR NC: 2025:KHC:25794 WP No. 12567 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 12567 OF 2023 (KLR-RES) BETWEEN: MR. BADRUDDIN KHAN, S/O LATE HYDER ALI KHAN, AGED ABOUT 62 YEARS, R/O NO.478, PEER KHAN STREET, NAZARBAD MOHALLA, MYSORE – 570 010. …PETITIONER (BY SRI. MALIPATIL P S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PRL. SECRETARY, REVENUE DEPT., M.S.BUILDING, BANGALORE – 560 001. 2. THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE – 570 001. 3. THE ASSISTANT COMMISSIONER, HUNSUR SUB DIVISION, HUNSUR DISTRICT, MYSORE – 571 105. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:25794 WP No. 12567 of 2023 4. MR. HARISH, S/O MR. THIMMEGOWDA, AGED ABOUT 45 YEARS, R/AT HOSAVARANCHI VILLAGE, HANUGODU HOBLI, HUNSUR TQ, MYSORE DISTRICT – 571 106. 5. MR. CHANDREGOWDA, S/O LATE THIMMEGOWDA, OCC: KSRTC DRIVER, R/AT HOSAVARANCHI VILLAGE, HANUGODU HOBLI, HUNSUR TQ, MYSORE DISTRICT – 571 106. …RESPONDENTS (BY SRI.MANJUNATH K, HCGP FOR R1 TO R3; SRI.B.S.NAGARAJ, ADVOCATE FOR R4; R5 SERVED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER NO.07/2012-13, DATED 04/08/2015, VIDE ANNEXURE - L AND M PASSED BY THE R2 AND 3 AND TO PASS AN ORDER DISMISSING THE APPEAL FILED BY THE RESPONDENT NO. 4 AND 5 AS NOT MAINTAINABLE AS THEY HAVE NO LEGAL RIGHT AND NO LOCAL STAND AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:25794 WP No. 12567 of 2023 ORAL ORDER In this writ petition the petitioner is assailing the order dated 04.08.2015 in Revision No.7/2012-13 (Annexure-M) passed by respondent no.2, inter alia seeking for a direction to respondent no.2 to enter name of the petitioner as owner and cultivator of land in question as per MR No.32/2002-03 dated 22.04.2003 (Annexures - C & D). 2. Facts in nutshell, for the adjudication of this writ petition, are that, the petitioner herein is claiming right over the land in question having purchased the same from one Mrs.Noor Mohammedi w/o late Suja under a registered Sale Deed dated 18.04.2005 (Annexures A and B). It is further stated that, the vendor had got the schedule land as per saguvali chit and accordingly, mutation has been made in favour of the grantee as per Annexures C and D and, after the demise of the original grantee, wife of original grantee Mrs. Noor Mohammedi has sold the land in favour of the petitioner. Hence, the petitioner is claiming right over the land in question. It is further stated in the writ petition that, the petitioner is in possession and enjoyment of the land in question based on the registered Sale Deed dated 18.04.2005 executed by the wife of the - 4 - HC-KAR NC: 2025:KHC:25794 WP No. 12567 of 2023 original grantee. Feeling aggrieved by the order dated 04.08.2015 passed by respondent no.2, the petitioner has presented the writ petition. 3. Sri P.S.Malipatil, learned counsel for the petitioner, by reiterating the averments made in the writ petition, contended that, the petitioner herein has acquired the land vide registered Sale Deed dated 18.04.2005 from the wife of the original grantee and therefore, the observation made by the respondent authorities require to be interfered with in this writ petition. 4. Per contra, Sri B.S.Nagaraj, learned counsel for respondents no.4 and 5 and the learned AGA appearing for the respondent- State, submitted that, the grant made in favour of the husband of the vendor of the petitioner herein is for a period of five years as a lease period from the year 1951-52 under 'Grow More Food" Scheme and, thereafter, from time to time grant has not been made in favour of the husband of the vendor of the petitioner and therefore, sought for dismissal of the writ petition. 5. 5. In the light of the submission made by the learned counsel for the parties and, on careful perusal of the writ papers, it would - 5 - HC-KAR NC: 2025:KHC:25794 WP No. 12567 of 2023 indicate that, the petitioner herein has acquired the property as per the registered Sale Deed dated 18.04.2005 from one Noor Mohameddi w/o.late Suja. However, it is forthcoming from the writ papers that, permanent grant has not been made in favour of the husband of the vendor of the petitioner herein and what was granted in favour of the husband of the vendor of the petitioner is on the basis of a lease for a period of five years from 1951-52. 6. In that view of the matter, there is no perversity in the order passed by respondent no.2 at Annexure-M and accordingly, the writ petition is dismissed. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 58