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2026 DAILYLAW 20429 (KAR)

SRI H M HIMACHALAPATHI v. STATE OF KARNATAKA

WP/13728/2026 · 2026-06-08

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:27116 WP No. 13728 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 13728 OF 2026 (KLR-RES) BETWEEN: SRI H M HIMACHALAPATHI S/O. LATE SRI. H.C. MANJUNATHAIAH AGED ABOUT 64 YEARS R/AT NO. 147, HOSAHALLI ROAD HUNASAMARANAHALLI VILLAGE, JALA HOBLI BANGALORE NORTH TALUK - 562 157. …PETITIONER (BY SRI. R B SADASIVAPPA., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY THE REVENUE SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001. 2. ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION BENGALURU-560049. 3. THE SPECIAL TAHSILDAR BENGALURU EAST TALUK K.R. PURAM, BENGALURU-560036. …RESPONDENTS (BY SRI.SPOORTHY HEGDE, HCGP. FOR RESPONDENTS) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INIDA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ORDER BEARING NO: RRT(B) CR/17/2025-26 DATED 25.08.2025 VIDE ANNEXURE-C AND CONSEQUENTLY ISSUE WRIT OF MANDAMUS DIRECTING THE Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:27116 WP No. 13728 of 2026 R3 TO EFFECT KHATHA FOR THE AFORESAID SCHEDULE LAND IN FAVOUR OF THE PETITIONER AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Learned HCGP is directed to accept notice for respondents. 2. The petitioner is assailing the Endorsement dated 25.08.2025 issued by the respondent No.3 (Annexure-C) interalia sought to issue a writ of mandamus directing the respondent No.3 to effect khatha in respect of the subject land in favour of the petitioner. 3. Sri.R.B.Sadashivappa, learned counsel appearing for the petitioner contended with reference to the order dated 29.07.2025 (Annexure-B) passed by the respondent No.2, wherein, a direction has been issued to the respondent No.3 herein to change the khatha in terms of the registered Sale Deed dated 13.05.2025 (Annexure-A). Therefore, the learned counsel appearing for the petitioner submitted that the impugned endorsement issued by - 3 - HC-KAR NC: 2026:KHC:27116 WP No. 13728 of 2026 respondent No.3 at Annexure-C is without jurisdiction and sought for interference of this Court. 4. Per contra, learned HCGP submitted that there is another proceeding in respect of the same subject land and therefore, the impugned endorsement has been issued by the respondent No.3. 5. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the writ petition, it would indicate that the petitioner is seeking change of Khatha in terms of the registered Sale Deed dated 13.05.2025 (Annexure-A). In this regard, the respondent No.2 has passed an order dated 29.07.2025 (Annexure-B) directing the respondent No.3 herein to change the khatha in favour of the petitioner in terms of the registered sale deed. It is forthcoming from the impugned Endorsement dated 25.08.2025 (Annexure-C) that respondent No.3 has no jurisdiction to issue such an Endorsement and sit over the order passed by their higher authority under Section - 4 - HC-KAR NC: 2026:KHC:27116 WP No. 13728 of 2026 136(2) of the Karnataka Land Revenue Act, 1964. The action of respondent No.3 is hereby deprecated and it is virtually an illegal order passed by respondent No.3, and therefore, I find force in the submission made by the learned counsel appearing for the petitioner. 6. Accordingly, I pass the following order. ORDER a) Writ petition is allowed. b) The impugned endorsement dated 25.08.2025 passed by the respondent No.3 (Annexure-C) is accordingly, set aside. c) The respondent No.3 is directed to implement the order passed by the respondent No.2 dated 29.07.2025 (Annexure-B), within one week from the date of receipt of certified copy of this order. SD/- (E.S.INDIRESH) JUDGE DM LIST NO.: 1 SL NO.: 32