- 1 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.24379 OF 2024 (KLR-RES) BETWEEN: 1. SMT. MANJULA BAI W/O LATE M SURESH KUMAR @ SURESH KUMAR JAIN AGED ABOUT 57 YEARS. 2. SRI. HITESH KUMAR S. @ HITESH S. JAIN S/O LATE M. SURESH KUMAR @ SURESH KUMAR JAIN AGED ABOUT 35 YEARS. 3. SRI. ABHILASH S. S/O LATE M. SURESH KUMAR @ SURESH KUMAR JAIN AGED ABOUT 32 YEARS ALL ARE R/AT C/O 339/40 MATHA COMPLEX K T STREET MYSURU - 570001. …PETITIONERS (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER MYSURU DISTRICT GIRIBHOVI PLAYA Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 SIDDARTHNAGAR MYSURU - 570011. 2. THE ASSISTASNT COMMISISONER MYSURU SUB DIVISION MYSURU - 570011. 3. THE TAHSILDAR MYSURU TALUK MYSURU - 570011. 4. THE DEPUTY COMMISISONER JAIPURA HOBLI MYSURU TALUK MYSURU - 570011. 5. VILLAGE ACCOUNTANT TALUK OFFICE MYSURU - 570011. 6. SRI. HUCHHEGOWDA S/O LATE BASAVEGOWDA AGEDA BOUT 49 YEARS. 7. SRI. HARALEGOWDA S/O LATE BASAVEGOWDA AGED ABOUT 46 YEARS RESPONDENTS NO.6 AND 7 ARE R/AT D. SALUNDI VILLAGE, DHANGALLI POST, JAYAPURA HOBLI, MYSURU TALUK, MYSURU - 570 008. …RESPONDENTS (BY SMT. B.P. RADHA, AGA FOR R1 TO R5; - 3 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 SRI.SIDDAPPA N.C., ADVOCATE FOR C/R6 AND R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER DATED 25.06.2024 PASSED BY THE RESPONDENT NO.1 IN R.P.NO.184/2023 (ANNEXURE-A); SET ASIDE THE ORDER DATED 06.10.2023 PASSED BY THE RESPONDENT NO.2 IN R.A.NO.737/2019, (ANNEXURE-B) AND CONSEQUENTLY RESTORE THE NAME OF THE PETITIONERS AS PER MR NO.H60/2011-12 (ANNEXURE-E) IN RESPECT OF LAND IN SY.NO.62/3, MEASURING 3 ACRES 13 GUNTAS, SITUATED AT KENCHALAGUDU VILLAGE, JAYAPURA HOBLI, MYSORE TALUK BY ALLOWING THIS WRIT PETITION; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP , THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this Writ Petition, petitioners have sought for setting aside the order dated 25.06.2024 in R.P.No.184/2023(Annexure-A) passed by respondent No.1, the order dated 06.10.2023 in R.A.No.739/2019(Annexure-B) - 4 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 passed by respondent No.2 and consequently restore the name of the petitioners as per M.R.No.H60/2011-12 (Annexure-E) in respect of the land bearing Sy.No.62/3, measuring 3 acres 13 guntas, situated at Kenchalagudu Village, Jayapura Hobli, Mysuru Taluk, inter alia, sought for a direction to respondent No.3, to enter the conversion order dated 26.12.2017(Annexure-M) in respect of the subject land, in the revenue records. 3. It is argued by Sri. Vijaya Kumar K., learned counsel appearing for the petitioner by inviting the attention of the Court to the sale deeds dated 09.01.2007 produced at Annexures -'C1 and C2' and also the O.M. bearing No.MYSDC/ALN3/VAJA/409/2017(15069) dated 26.12.2017, wherein the respondent No.1 has issued the order of conversion of the land in question for non agricultural purposes. It is also referred to by the learned counsel appearing for the petitioners to the Judgment and Decree passed in O.S.No.1041/2006(Annexure-P), wherein the competent Court has declared the husband of the petitioner No.1 and father of petitioner Nos.2 and 3 as absolute owner in possession of the - 5 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 land in question and in that view of the matter, learned counsel submitted that the authorities have committed an error in changing the mutation and accordingly, sought for interference of this Court. 4. Smt. B.P. Radha, learned Additional Government Advocate appearing for respondent Nos.1 to 5, sought to justify the impugned orders on the ground that subsequent revisions are pending consideration before the competent Courts and in that view of the matter, sought for dismissal of the Writ Petition. 5. Having taken note of the submissions made by the learned counsel appearing for the parties and on careful consideration of Annexures - C1 and C2, would indicate that registered Sale Deeds have been executed in favour of husband of petitioner No.1 and father of petitioner Nos.2 and 3 in respect of the land in question. It is also forthcoming from the writ papers that the land in question has been converted for non agricultural purpose as per the O.M. dated 26.12.2017 (Annexure-M) and land in question has ceased to be an agricultural land. It is also to be noted from the Judgment and - 6 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 Decree in O.S.No.1041/2006 on the file of IV Addl. Senior Civil Judge at Mysuru (Annexure-P), wherein the additional issue No.1 is with regard to declaration to be proved by the husband of petitioner No.1 and father of petitioner Nos.2 and 3. In this regard, the Trial Court has given a finding in favour of the defendant No.4 therein. In that view of the matter, I am of the view that, both the authorities have committed an error in not following the provisions contained under Section 128 of the Karnataka Land Revenue Act, 1964 with regard to mutation and therefore, I find force in the submission made by the learned counsel appearing for the petitioners. 6. In the result, I pass the following: ORDER (i) The Writ Petition is allowed. (ii) The order dated 25.06.2024 in R.P.No.184/2023(Annexure-A), passed by respondent No.1, and the order dated 06.10.2023 in R.A.No.739/2019(Annexure- B), passed by respondent No.2 are hereby set aside. The respondents herein are directed to restore the names of the - 7 - HC-KAR NC: 2026:KHC:33232 WP No. 24379 of 2024 petitioners in respect of the land in question as it stood in M.R.No.H60/2011-12 (Annexure-E), forthwith. (iii) It is also made clear that since land in question has been converted as per the O.M. (Annexure-M), bearing No.MYSDC/ALN3/VAJA/409/2017(15069), dated 26.12.2017, respondents shall enter the same in the revenue records forthwith. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 53