Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:36659 WP No. 9143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 9143 OF 2025 (KLR-RES) BETWEEN:
1. SRI.THIPPESHAPPA S/O RANGAPPA, AGED ABOUT 51 YEARS, AGRICULTURIST, R/AT TALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK- 577 526.
2.
SMT. RATHNAMMA, W/O LATE THIPPESHAPPA, AGED ABOUT 43 YEARS, AGRICULTURIST, R/AT TALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK- 577 526. …PETITIONERS (BY SRI. MARUTHI G B., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT VIDHANA SOUDHA, BANGALORE-01.
2.
THE DEPUTY COMMISSIONER, CHITRADURGA, CHITRADURGA DISTRICT-577501 Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:36659 WP No. 9143 of 2025
3.
THE THAHASHILDAR, HOLALKERE, HOLALKERE TALUK, CHITRADURGA DISTRICT- 577 501
4.
SMT. PUTTAMMA, W/O LATE RANGAPPA, AGED ABOUT 79 YEARS, AGRICULTURISTS, R/AT THALIKATTE VILLAGE, RAMAGIRIHOBLI, HOLALKERE TALUK, CHITTADURGA DISTRICT- 577 526.
5.
SMT. LAKSHMIDEVI P.S.
W/O SHIVAPPA, AGED ABOUT YEARS, AGRICULTURISTS, R/AT THALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK, CHITTADURGA DISTRICT- 577 526 …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1 TO R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS PERTAINING TO THE CASE OF THE PETITIONERS FROM RESPONDENTS NO. 2 AND 3, DIRECT RESPONDENTS NO. 2 TO 3 TO CONSIDER THE REPRESENTATION DATED 05/02/025 MADE BY THE PETITIONER MARKED AT ANNEXURE-K AND FURTHER DIRECT NOT TO CHANGE THE REVENUE ENTRIES PERTAINING TO LAND BEARING SY.NO.70/3 MEASURING 02 ACRES 20 GUNTAS OF THALIKATTE VILLAGE, RAMAGIRI HOBLI, HOLALKERE TALUK AND DIRECT TO REINSTATE THE REVENUE ENTRIES IN THE NAME OF THE PETITIONER AS EARLIER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS
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HC-KAR NC: 2025:KHC:36659 WP No. 9143 of 2025 ORAL ORDER Learned HCGP is directed to take notice for respondents no.1 to 3.
Learned counsel for the petitioners is directed to serve copies of the petition along with Annexures on the learned HCGP. Notice to respondents no.4 and 5 is not necessary for the following reasons :
2. Learned counsel for the petitioners submits that the previous kathadar- Smt.Basamma left behind the Registered Will dated 16.06.1989 bequeathing the lands in question viz.,02 acres 20 guntas of land in Sy.No.70/3 of Thalikatte Village Ramagiri Hobli, Holalkere Taluk, Chitradurga District, in favour of respondent no.4. Respondent No.4 filed O.S.No.58/2022 before the learned Senior Civil Judge and JMFC at Holalkere seeking declaration of title based on the Registered Will and sought for permanent injunction against the petitioners, who are her son and daughter-in-law. The suit was decreed on 19.04.2024. But the petitioners herein
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HC-KAR NC: 2025:KHC:36659 WP No. 9143 of 2025 have preferred Regular Appeal in R.A.No.22/2024. When the matter was pending consideration, respondent no.4 has
disposed of the property in favour of respondent no.5 under registered sale deed dated 19.11.2024. The revenue records have now been mutated in favour of respondent no.5 on the basis of the registered document. The petitioners are seeking a writ of mandamus directing respondents no.2 and 3, Deputy Commissioner and Tahsildar, respectively not to change the revenue entries in favour of respondent no.5.
3. It is clear from the submissions made by the learned counsel for the petitioners that the revenue entries have already been changed in favour of respondent no.5 by virtue of registered instrument. That being the position, it would be futile on the part of the petitioners to seek directions to the revenue authorities not to mutate the name of respondent no.5 in the revenue records. Nevertheless, as and when the Regular Appeal is decided in favour of the petitioners and the petitioners obtain declaration that they are the lawful owners of the land in question, they may approach the Revenue Authorities seeking entry of their
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HC-KAR NC: 2025:KHC:36659 WP No. 9143 of 2025 names in accordance with law. With this observation, writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE rs List No.: 1 Sl No.: 29