- 1 - HC-KAR NC: 2025:KHC:49249 WP No. 26680 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 26680 OF 2025 (KLR-RES) BETWEEN: SRI. SURESH B.R S/O RAJANNA AGED ABOUT 49 YEARS R/AT NO.2, DODDABYALAKERE SHIVAKOTE, HESARAGHATTA HOBLI BANGALORE NORTH TALUK-560 089. …PETITIONER (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA UNDER SECRETARY OF REVENUE DEPARTMENT M.S. BUILDING AMBEDKAR VEEDHI BANGALORE - 560 001. 2. TAHSILDAR YELAHANKA TALUK YELAHANKA-560 063 (EARLIER BANGALORE NORTH ADDITIONAL TALUK) 3. SUB-REGISTRAR - YELAHANKA MINI VIDHANA SOUDHA - YELAHANKA BANGALORE - 64 Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49249 WP No. 26680 of 2025 4. ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION 2ND FLOOR, KANDAYA BHAVANA K.G.ROAD, BANGALORE-560 009 [AMENDMENT IS CARRIED OUT AS PER COURT ORDER DATED 27.11.2025] …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING ANNEXURE-A - ENDORSEMENT ISSUED BY THE RESPONDENT NO.2 DATED 12.08.2025 IN RRT(HE)CR.150/2025-26 AND ISSUE WRIT OF MANDAMUS / DIRECTION TO THE 2ND RESPONDENT FOR CONSIDERING THE REPRESENTATION AS ANNEXURE-A-1, DATED 15.10.2015 FOR EFFECTING MUTATION AND REVENUE ENTRIES, BASED ON THE REGISTERED SALE DEED DATED 09.10.2006 IN RESPECT OF SY.NO.69, MEASURING 1 GUNTAS OF BYALAKERE VILLAGE, HESARAGHATTA HOBLI, YELAHANKA TALUK (EARLIER BANGALORE NORTH TALUK). THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has called in question the correctness of the endorsement at Annexure-A dated 12.08.2025. In terms of the said endorsement, it is observed that as no 'J' slip was received the mutation cannot be effected. - 3 - HC-KAR NC: 2025:KHC:49249 WP No. 26680 of 2025 2. Learned AGA would submit that there are certain restrictions in terms of Government Order dated 07.12.2021 regarding phodi etc., with respect to land parcel of less than 5 guntas. 3. However, learned counsel for the petitioner has relied on the order passed in W.P.No.105812/2023 and submits that Government Order referred to by the learned AGA bearing No.J¸ï.J¸ï.J¯ï.Dgï/¦.JªÀiï.AiÀÄÄ/2020-21 dated 07.12.2021 is to be applied only prospectively. 4. It is to be noticed that the petitioner's request for effecting mutation and revenue entries based on the registered sale deed dated 09.10.2006 in respect of Sy.No. 69 measuring 1 gunta of Byalakere village, Hesaraghatta hobli, Yelahanka Taluk, and the bar for phodi etc., as made out in the Circular dated 07.12.2021 has been construed by the Co-ordinate Bench in W.P.No.105812/2023 to be applicable only prospectively. - 4 - HC-KAR NC: 2025:KHC:49249 WP No. 26680 of 2025 5. Observations made by the Co-ordinate Bench at para 5, reads as hereunder; "5. The Revenue Department, Government of Karnataka has issued a circular dated 12.11.2021 stating that sub-division in respect of land, the extent of which is less than 5 guntas is prohibited. The Competent Authorities with reference to the said circular has rejected the application stating that the extent of land is possessed by the petitioner is less than 5 guntas. The condition No.2 in the said circular indicated that the restriction is not applicable to the extent of lands, which is purchased prior to the issuance of circular. The petitioner has purchased 2 guntas of land on 28.02.2019 i.e., prior to the issuance of circular. Therefore, the impugned order passed by the Competent Authorities refusing to mutate the name of the petitioner is contrary to Section 128 of the Karnataka Land Revenue Act, 1964. Accordingly, I proceed to pass the following: ORDER i) The petitions are allowed. ii) The impugned order dated 25.01.2022 passed by respondent No.3 at annexure-B, the impugned order dated 07.07.2022 passed by respondent No.2 at annexure-C and the order dated 10.12.2019 bearing No.RRT/Tiraskruta:46/2019 passed by respondent No.4 are hereby quashed. iii) Respondent No.4 is hereby directed to reconsider the application submitted by the petitioner afresh as contemplated under Section 128 of the Karnataka Land Revenue - 5 - HC-KAR NC: 2025:KHC:49249 WP No. 26680 of 2025 Act, 1964 and pass appropriate orders in accordance with law without reference to the circular dated 12.11.2021 within a period of three months from the date of receipt of the certified copy of this order." 6. In the present case, it is to be noticed that the sale deed is dated 09.10.2006 while Circular is dated 07.12.2021. Further in terms of Circular itself at point no.2 of the said circular, where pahani is already standing insofar as the said extent, the same could be continued. If that were to be so, what petitioner seeks is only for transfer of mutation entry without any further proceedings. 7. Accordingly, the endorsement at Annexure-A is set aside. The Assistant Commissioner and the Tahsildar are directed to take appropriate action as per law for effecting revenue entries based on the sale deed dated 9.10.2006. It is clarified that while considering such request, restrictions under the Circular may not be applicable in light of the order of the Co-ordinate Bench. However, other procedures to be adhered to as regards - 6 - HC-KAR NC: 2025:KHC:49249 WP No. 26680 of 2025 effecting mutation. Further, since parcel of the land is only one gunta, same may be treated as a site, while other regulations may be applicable. Accordingly, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE RU List No.: 1 Sl No.: 31