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2026 DAILYLAW 24449 (KAR)

SMT. GANGAMBIKA v. THE SPECIAL TAHSILDAR

WP/18334/2026 · 2026-06-23

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30985 WP No. 18334 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.18334 OF 2026 (KLR-RES) BETWEEN: 1. SMT. GANGAMBIKA W/O LATE RENUKAPRASAD AGED ABOUT 78 YEARS HIMAGIRI FARM, HESARAGHATTA HOBLI, OPP. BALAJI FARM, NRITYAGRAM BENGALURU - 560 088. …PETITIONER (BY SRI. G. SUKUMARAN, ADVOCATE) AND: 1. THE SPECIAL TAHSILDAR YELAHANKA SUB DIVISION, YELAHANKA, BANGALURU -560 022. 2. THE SPECIAL ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION BENGALURU - 560 009. 3. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KEMPEGOWDA ROAD, BEHIND KANDAYA BHAVANA, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30985 WP No. 18334 of 2026 BENGALURU - 560 009. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET- ASIDE THE ORDER DATED 12.11.2021 PASSED BY RESPONDENT/ THE SPECIAL TAHASILDAR, R.R.R/H/C/R/975/2021-22, 13.02.2026 PASSED BY THE SECOND RESPONDENT/SPECIAL ASSISTANT COMMISSIONER, BANGALORE NORTH IN R.A.NO.78/2026 VIDE ANNEXURE-J PASSED 10.04.2026 DATED ORDER VIDE ANNEXURE-H DEPUTY THE BY AND THE IN BENGALURU DISTRICT, URBAN COMMISSIONER, BENGALURU, R.P.NO.223/2026 VIDE ANNEXURE- 'K' AND TO DIRECT THEM TO ISSUE PETITIONER BY THE MUTATION, KHATA AND RTC IN THE TRANSFERRING IN RESPECT OF THE SCHEDULE PROPERTY WHICH MOREFULLY DESCRIBED HEREUNDER THE SCHEDULES; 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 The learned Additional Government Advocate accepts notice for the respondents. - 3 - HC-KAR NC: 2026:KHC:30985 WP No. 18334 of 2026 2. Heard the learned counsel appearing for the parties. 3. In the present writ petition, the petitioner is assailing the order dated 12.11.2021 at Annexure-H passed by respondent No.1, the order dated 13.02.2026 at Annexure-J passed by respondent No.2, and the order dated 10.04.2026 at Annexure-K passed by respondent No.3. 4. It is the case of the petitioner that she is seeking mutation of khata on the basis of the Will dated 06.06.2016 (Annexure-A) executed by one Smt. Vasanthamma in her favour. It is further stated that the said testator, Smt. Vasanthamma, died on 07.01.2018. 5. Having regard to the aforesaid facts and circumstances, this Court is of the considered view that it is the duty of the revenue authorities to effect - 4 - HC-KAR NC: 2026:KHC:30985 WP No. 18334 of 2026 mutation of the revenue entries in favour of the petitioner on the basis of the registered Will, subject to the outcome of any civil litigation concerning the property in question. 6. In this regard, it is relevant to refer to the judgment of the Hon'ble Supreme Court in the case of Tarachandra vs. Bhawarlal and another reported in 2025 INSC 1485. Following the declaration of law made by the Hon'ble Supreme Court therein, the order dated 12.11.2021 at Annexure-H passed by respondent No.1, the order dated 13.02.2026 at Annexure-J passed by respondent No.2, and the order dated 10.04.2026 at Annexure-K passed by respondent No.3 are hereby set aside. 7. The respondents are directed to mutate the name of the petitioner in the revenue records on the basis of the Will dated 06.06.2016 (Annexure-A), - 5 - HC-KAR NC: 2026:KHC:30985 WP No. 18334 of 2026 subject to the result of any pending or future civil proceedings concerning the subject property. 8. The aforesaid exercise shall be completed within an outer limit of two months from the date of receipt of a certified copy of this order. 9. Accordingly, the writ petition stands disposed of. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 34