- 1 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE WRIT PETITION NO. 103350 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. SHAMIMBANU D/O MIYA SAHEB PATWEGAR, AGE. 74 YEARS, OCC. HOUSEHOLD WORK, R/O. DESAIBANA, NEAR OLD ASAR, DESAIBAN, GADAG-582 116. … PETITIONER (BY SRI. SHASWATH HIREMATH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS SECRETARY TO THE REVENUE DEPARTMENT, VIKASA SOUDHA, DR. AMBEDKAR VIDHI, BENGALURU-560 001. 2. THE TAHSILDAR, LAXMESHWAR TALUK, GADAG DISTRICT-582 116. 3. THE ASSISTANT COMMISSIONER, SARVODAYA SOCIETY, Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 GADAG-583 231. 4. THE DEPUTY COMMISSIONER, MINI VIDHAN SOUDHA (DC OFFICE), HUBLI ROAD, GADAG-582 101. 5. THE OFFICE OF THE SUB-REGISTRAR, SHIRAHATTI, DIST. GADAG-582 120. … RESPONDENTS (BY SRI. PRAVEEN K. UPPAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE RESPONDENT NO.2 TAHSILDAR, LAXMESHWAR TALUK, GADAG DISTRICT, TO CONSIDER AND TAKE APPROPRIATE ACTION ON THE REPRESENTATION DATED 31.05.2024 (ANNEXURE-D) SUBMITTED BY THE PETITIONER FOR MUTATION OF HER NAME IN THE REVENUE RECORDS IN RESPECT OF THE 1/3RD I.E., 4 ACRE 21 GUNTAAS 5 ANAAS, OUT OF 13 ACRE 24 GUNTAA, LAND BEARING SY. NO.20/1, SITUATED AT ULLATTI VILLAGE, LAXMESHWAR TALUK, GADAG DISTRICT, IN ACCORDANCE WITH LAW AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 ORAL ORDER (PER: THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE) This petition is filed seeking a writ of mandamus to consider the representation dated 31.05.2024 submitted by the petitioner to mutate his name in the revenue records in respect of 1/3rd share i.e., 04 acres 21 guntas 05 annas, out of 13 acres 24 guntas, land bearing Sy.No.20/1 at Ullatti village of Laxmeshwar taluk. 2. The claim is based on the registered Sale Deed dated 13.08.1991. The provisions of the Karnataka Land Revenue Act, 1964, exempt the petitioner, who has acquired the property under the registered Sale Deed 13.08.1991, from reporting acquisition of rights. Without there being any application, the purchaser's name should have been mutated in the property records. However, the same was not done. 3. On an application for mutation, the Tahsildar was required to issue notice to the persons, in whose names the property records appear. Despite the Sale Deed and to the application filed by the petitioner, instead of issuing notice and conducting proceedings in accordance with the provisions of Act - 4 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 of 1964, the Tahsildar claims to have issued an endorsement dated 05.08.2024. The said endorsement is produced before this Court today. 4. It is to be noticed that this Court, vide order dated 27.05.2025, observed that the inaction on the part of the revenue authorities amounts to dereliction of statutory duty. Thereafter, on 10.12.2025, the Court noticed that there was no response from the Tahsildar to the observations made by the Court on 27.05.2025. Accordingly, the Court sought an explanation from the Tahsildar as to why costs of ₹25,000/- should not be imposed on him for not considering the representation dated 04.07.2022. 5. The endorsement produced today does not indicate that the communication was served to the petitioner. There is no acknowledgment or signature of the petitioner on the said endorsement. Though reference is made to the petitioner’s mobile number, it is not the case of the Tahsildar that any message was sent to the petitioner’s cell. - 5 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 6. The circular dated 29.12.2009 is also produced to show that if the original owner's name is not reflected in the property records, an entry based on the Sale Deed executed by the original owner cannot be effected. Circular is contrary to the provision of law. 7. The Court is of the view that the endorsement dated 05.08.2024 is not served on the petitioner at all. It appears to be an anti-dated document. Assuming that it is generated on 05.08.2024, still there is an inordinate delay in considering the representation. Apart from that the law mandates the Tahsildar to issue notice based on the application to the persons interested in the property, that exercise is not carried out. The petitioner is unnecessarily made to approach this Court. 8. Hence, the following: ORDER a) The petition is allowed. b) The impugned endorsement/representation dated 31.05.2024 is set aside. - 6 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 c) The Tahsildar shall issue notice to the persons, in whose names the property records appear, and thereafter, shall proceed to decide the claim in accordance with law. d) The Tahsildar shall pay the cost of ₹25,000/- to the petitioner. It is submitted that the Tahsildar, who issued the endorsement dated 05.08.2024, is not the present Tahsildar in Laxmeshwar. The then Tahsildar, who issued the endorsement dated 05.08.2024, shall pay a sum of ₹25,000/- towards costs from his pocket. e) The compliance shall be made relating to payment of costs within 30 days from the date of receipt of the copy of the order. f) The learned Additional Government Advocate shall send a copy of this order to the then Tahsildar, who passed the order dated 05.08.2024. In case, the cost is not paid to - 7 - HC-KAR NC: 2025:KHC-D:18638 WP No. 103350 of 2025 the petitioner, upon a request being made by the petitioner, the Registry shall issue a recovery certificate. g) Once the recovery certificate is issued, the petitioner is at liberty to execute the same before the Civil Court in a place where the petitioner is residing and the amount shall be recovered by attaching a salary of the then Tahsildar. Sd/- (ANANT RAMANATH HEGDE) JUDGE PMP CT:BCK LIST NO.: 2 SL NO.: 2