Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26480 WP No. 16598 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16598 OF 2021 (KLR-RES) BETWEEN:
1. H.N. ROOPA, W/O. H.S. CHANDRA, AGED ABOUT 36 YEARS, R/AT NO. B HOSURU VILLAGE, KERAGODU HOBLI, MANDYA TALUK - 571 401. 2. LOKANATH S/O. MODDE BORAIAH, AGED ABOUT 52 YEARS, RA/AT K GOWDAGERE VILLAGE, KERAGODU HOBLI, MANDYA TALUK - 571 401. …PETITIONERS (BY SRI. H.C. SHIVARAMU, ADVOCATE) AND:
1. STATE OF KARNATAKA REPSENTED BY ITS SECRETARY, REVENUE DEVELOPMENT, BANGALORE - 560 001. 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 401. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26480 WP No. 16598 of 2021
3. THE ASSISTANT COMMISSIONER MANDYA SUB DIVISION, MANDYA TALUK - 571 401. 4. THE TAHASILDAR MANDYA TALUK, MANDYA DISTRICT - 571 401. 5. RAMACHANDRA S/O. THIMMEGOWDA @ GUDIGOWDA, R/AT KOTTAGANAHOSAHALLI VILLAGE, CHAKKARE POST, MALURU HOBLI, CHANAPATTANA TALUK, RAMANAGARA DISTRICT - 581 453. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP FOR R1 TO R4;
SRI. K.S. RAGHURAM, ADVOCATE FOR R5)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DECLARE THAT THE ORDER PASSED BY THE R2 DEPUTY COMMISSIONER, MANDYA PASSED IN RA.64/2018 DATED 06.11.2020 PRODUCED AT ANNEXURE-G IS ILLEGAL AND QUASH THE SAME AND CONSEQUENTLY DISMISS THE REVISION PETITION 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
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HC-KAR NC: 2025:KHC:26480 WP No. 16598 of 2021
ORAL ORDER
The petitioners are assailing the order dated 06.11.2020 in R.P.No.64/2018 passed by respondent No.2 at Annexure - G.
2. Heard the learned counsel appearing for the parties. 3. Sri.H.C.Shivaramu, learned counsel appearing for the petitioners invited the attention of the court to the finding recorded by the respondent No.3 at Annexure-F and submitted that the entry in the mutation has been made pursuant to the registered sale deed and same has been illegally interfered with by the respondent No.2 and accordingly, sought for interference of this court. 4.
Per contra, Sri.K.S.Raghuram learned counsel appearing for respondent No.5 submitted that the grant made in favour of the vendor of the petitioners herein itself is incorrect and therefore, sought to justify the impugned order at Annexure-G.
5. Learned High Court Government Pleader sought to justify the impugned order, however, submitted that the parties have to establish their right before the civil court. - 4 -
HC-KAR NC: 2025:KHC:26480 WP No. 16598 of 2021
6. In the light of the submissions made by learned counsel appearing for the parties and on careful examination of the writ papers, it would indicate that the petitioners herein sought for change of entry based on the registered sale deeds dated 29.12.2012 and 05.07.2013. Based on these two sale deeds, M.R.H.No.17/2012-13 and M.R.H.21/2012-13 has been made by respondent No.4 in favour of the petitioners herein. 7. In that view of the matter as the mutation has been made based on the registered sale deeds, the respondent No.3 has rightly dismissed the appeal preferred by respondent No.5 herein, however, the same has been wrongly interfered with by respondent No.2. 8. In that view of the matter, the writ petition needs to be allowed by setting aside the order dated 06.11.2020 in R.P.64/2018 passed by the respondent No.2. The respondent No.4 is directed to restore the mutation entries in favour of petitioner No.1 as per M.R.H.No.17/2012-13 and M.R.H.21/2012-13. If respondent No.5 is being aggrieved by the order passed by respondent No.3 as per Annexure-F, it is
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HC-KAR NC: 2025:KHC:26480 WP No. 16598 of 2021
open for the respondent No.5 to establish his right in a manner known to law. 9. Accordingly, the writ petition is allowed. In view of the disposal of the petition, pending application do not survive for consideration and the same stands disposed of. SD/- (E.S.INDIRESH) JUDGE
SS List No.: 1 Sl No.: 49 CT: BHK