- 1 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8560 OF 2025 (KLR-RR/SUR) BETWEEN: 1. MR. PAVAN P S/O LATE PUTTAHANUMAIAH, AGED ABOUT 27 YEARS, 2. MR. G. CHANDRASHEKHARAIAH S/O LATE GANGAHANUMAIAH, AGED ABOUT 54 YEARS, BOTH ARE R/AT NO. 24, SASUVEGHATTA VILLAGE, HESARAGHATTA HOBLI, YALAHANKA TALUK, BANGALURU DISTRICT - 560 088. …PETITIONERS (BY SRI. R. SRINIVASA GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA REVENUE DEPARTMENT, VIDHANA SOUDHA, BANGALORE - 560 001 REP BY ITS SECRETARY. 2. THE SPECIAL DEPUTY COMMISSIONER-3 BANGALORE NORTH SUB DIVISION, K G ROAD, BANGALORE - 560001. 3. THE TAHSILDHAR YALAHANKA TALUK, YALAHANKA 560064. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 4. THE REVENUE INSPECTOR HESARAGHATTA-1 HOBLI, YALAHANKA TALUK 560 088. …RESPONDENTS (BY SRI.V.SESHU., HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE MUTATION ORDER PASSED IN M.R.NO.T 14/2023-24 DTD. 30.04.2024 BY THE R-4 (ANNX-L) AND THE ORDER DTD. 04.05.2024 PASSED BY THE R-3 IN CASE NO. RRT(DIS) CR.106/2024 (ANNX-M) AND DIRECT THE R-3 AND 4 TO EFFECT MUTATION IN FAVOR OF LATE S.M. GANGAHANUMAIAH S/O MUNIYAPPA IN TERMS OF THE ORDER DTD. 04.12.2023 PASSED BY THE R-2 IN CASE NO. RRT(2)(NA)CR11/2019-20 (ANNX-H) AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are aggrieved of the mutation order in M.R No.T 14/2023-24 dated 30.04.2024 at Annexure-L and the Office Order dated 04.05.2024 passed by the Special Tahsildar, Yalahanka Taluk in proceedings bearing No.RRT(DIS) CR.106/2024 at Annexure-M. 2. Learned Counsel for the petitioners submits that Sri.Gangahanumaiah, the father of petitioner No.2 and grandfather of petitioner No.1 had filed an application - 3 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 seeking regularization of unauthorized occupation of 2.00 Acres of land in Survey No.14 of Sasuveghatta Village, Hesaraghatta Hobli, Yalahanka Taluk and the Tahsildar, the competent authority issued an Official Memorandum on 04.07.1978 granting the said lands in favour of Sri.Gangahanumaiah. Thereafter, Saguvali Chit was issued after collecting the kimmath and the name of the grantee - Sri.Gangahanumaiah was also entered in the revenue records. However, after computerization, the name of Sri.Gangahanumaiah was not continued in the revenue records. 3. Learned Counsel for the petitioner further submitted that in the meanwhile, at the instance of the Tahsildar, Yalahanka Taluk, the Special Deputy Commissioner-3, Bengaluru North Sub-Division took up suo motu proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964, and after verification of the original records, the Special Deputy Commissioner held that it is true that the lands were granted in favour of - 4 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 the Sri.Gangahanumaiah. Accordingly, the proceedings initiated before the Special Deputy Commissioner was dropped by order dated 04.12.2023 with a direction to the Tahsildar, Yalahanka Taluk to mutate and enter the name of the petitioners in the revenue records as they are the legal heirs of Sri.Gangahanumaiah. However, the Tahsildar, instead of complying with the directions issued by the Special Deputy Commissioner, passed the impugned mutation order in M.R.No.T14/2023-24 dated 30.04.2024 at Annexure-L declining to enter the name of the petitioners in the revenue records while stating that the claim of the petitioners is unfounded and the documents that are produced by the petitioners are bogus. Thereafter, the Special Tahsildar passed the impugned Office Order dated 04.05.2024 at Annexure-M reiterating what was stated in the mutation order and declined to enter the name of the petitioners in the revenue records. 4. Today, the learned High Court Government Pleader has filed a memo along with a copy of a - 5 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 communication dated 26.06.2025 made by the Tahsildar, Yalahanka Taluk to the Regional Commissioner, Bangalore Division, seeking proceedings to be initiated under Section 56 of the Karnataka Land Revenue Act. 5. Learned Counsel for the petitioners submits that the order was passed by the Special Deputy Commissioner on 04.12.2023. If at all the Tahsildar or the State was aggrieved of such an order passed by the Special Deputy Commissioner, a revision petition could have been filed before the competent authority in terms of Section 56(3) within a period of 4 months from the said date. The learned Counsel therefore submits that it is not permissible for the Tahsildar to seek to commence proceedings under Section 56 of the Act at the hands of the competent authority. 6. On hearing the learned Counsel for the petitioners, the learned High Court Government Pleader and on perusing the petition papers, this Court finds that the - 6 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 respondent-Tahsildar has exceeded his limits in passing the impugned mutation order dated 30.04.2024 at Annexure-L and issuing the impugned office order dated 04.05.2024 at Annexure-M. When a higher authority passes an order, the officers below the said officer are required to comply with the directions issued by the higher officer. If the officer at a lower level is of the opinion that the orders passed by the higher authority is not in accordance with law, then action should be taken only in accordance with law. There is a clear direction issued by the Special Deputy Commissioner that the names of the petitioners should be entered in the revenue records. However, after a lapse of nearly 2 years the impugned action has been taken by the Tahsildar declining to enter the name of the petitioners in the revenue records. Such an action is clearly opposed to the provisions of law and the discipline which is required to be maintained by the officers. - 7 - HC-KAR NC: 2026:KHC:11069 WP No. 8560 of 2025 7. Consequently the writ petition is allowed. The impugned mutation order in M.R No.T 14/2023-24 dated 30.04.2024 at Annexure-L and the Office Order dated 04.05.2024 passed by the Special Tahsildar, Yalahanka Taluk in proceedings bearing No.RRT(DIS) CR.106/2024 at Annexure-M, are hereby quashed and set aside. The respondent-Tahsildar, Yalahanka Taluk and the Deputy Commissioner, Bangalore Urban District are hereby directed to proceed to enter the names of the legal heirs of Sri.Gangahanumaiah in the revenue records in terms of the directions issued by the Special Deputy Commissioner in proceedings bearing No. RRT(2) (NA) CR 11/2019-20 dated 04.12.2023 as expeditiously as possible and at any rate within a period of 2 months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE DL CT: JL