- 1 - HC-KAR CNR: KAHC010472942021 NC: 2026:KHC:48603 WP No. 23247 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.23247 OF 2021 (KLR-RES) BETWEEN: 1a) 1b) 1c) 1d) KARIGOWDA S/O LATE HANUMEGOWDA (DIED ON 7.02.2024) SMT. PUTTATHAYAMMA AGED ABOUT 73 YEARS W/O LATE KARIGOWDA, SRI. GOVINDE GOWDA AGED ABOUT 57 YEARS W/O LATE KARIGOWDA, SMT. PAVITHRAMMA AGED ABOUT 57 YEARS D/O LATE KARIGOWDA, W/O LATE SANNASWAMYGOWDA R/AT HOSA KANNAMBADI VILLAGE, PANDAVAPURA TALUK BANNANGADI, MANDYA DISTRICT - 571 812 SMT. LAKSHMAMMA AGED ABOUT 43 YEARS D/O LATE KARIGOWDA, PETITIONER NO.1(a), 1(b) & 1(d) ARE R/AT MANUGANAHALLY VILLAGE, MANUGANAHALLI POST BILIKERE HOBLI, HUNSUR TALUK, MYSORE DISTRICT - 571 105 …PETITIONERS Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010472942021 NC: 2026:KHC:48603 WP No. 23247 of 2021 (BY SRI. B S NAGARAJ, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER MYSURU DISTRICT MYSURU - 570 001. 3. THE ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR MYSURU DISTRICT - 571 105. 4. THE THASILDAR HUNSUR TALUK MYSORE DISTRICT - 571 105. 5. SRI. KUMARA AGED ABOUT 41 YEARS S/O LATE GAGENAHALLI SHIVANNA R/OF ANKANAHALLI VILLAGE BILIKERE HOBLI HUNSUR TALUK MYSORE DISTRICT - 571 105 …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 TO R4; SRI. P.NATARAJU, ADVOCATE FOR R5) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, QUASHING BOTH THE IMPUGNED ORDER DATED 25.10.2018 PASSED IN R.A NO.5/2016-17 ON THE FILE OF RESPONDENT NO.2 - DEPUTY COMMISSIONER, AND SO ALSO - 3 - HC-KAR CNR: KAHC010472942021 NC: 2026:KHC:48603 WP No. 23247 of 2021 THE ORDER DATED 15.10.2009 PASSED IN R.A NO.267/2007- 08 ON THE FILE OF RESPONDENT NO.3 - ASSISTANT COMMISSIONER, COPIES AT ANNEXURES-'A' & 'B' RESPECTIVELY 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 Sri.B.S.Nagaraj, learned counsel appearing for the petitioner, Sri.P.Nataraju, learned counsel for respondent No.5 and Sri.Aditya Diwakara, learned Additional Government Advocate for respondent Nos.1 to 4. 2. The original petitioner is assailing order dated 25.10.2018 passed in R.A.No.5/2016-17 by respondent No.2 (Annexure-A) and order dated 15.10.2009 passed in R.A.No.267/2007-08 by respondent No.3 (Annexure-B). 3. The petitioner is claiming right over the property based on the registered sale deed dated 18.11.1975 and thereafter, mutation has been made in favour of the - 4 - HC-KAR CNR: KAHC010472942021 NC: 2026:KHC:48603 WP No. 23247 of 2021 original petitioner as per M.R.No.17/1997-98 (Annexure - C1). 4. On the other hand, respondent No.5 is claiming right over the property based on the registered sale deed dated 06.06.1978. In that view of the matter, both the authorities have committed an error in interfering with the M.R.No.17/1997-98 in which there is no explanation from respondent No.5 as not approaching the competent authority for changing of the mutation immediately after the registration of the sale deed in his favour on 06.06.1978. 5. In that view of the matter, when two registered instruments are operating in respect of the very same subject matter is concerned, the respondents - authorities ought not to have interfered with the same and relegated the parties to approach the Civil Court for establishing the right over the property in question. - 5 - HC-KAR CNR: KAHC010472942021 NC: 2026:KHC:48603 WP No. 23247 of 2021 6. In that view of the matter, I find force in the submission made by learned counsel for the petitioner that both the respondents - authorities have committed an error in interfering with M.R.No.17/1997-98 (Annexure - C1). Accordingly, I proceed to pass the following; ORDER (i) The writ petition is allowed. (ii) Order dated 25.10.2018 in R.A.No.5/2016- 17 (Annexure-A) on the file of respondent No.2 and Order dated 15.10.2009 in R.A.No.267/2007-08 (Annexure-B) on the file of respondent No.3 are accordingly set aside and the mutation in M.R.No.17/1997-98 is thereby confirmed. (iii) In the event respondent No.5 is being aggrieved by the title in respect of the petitioner is concerned, it is open for respondent No.5 to - 6 - HC-KAR CNR: KAHC010472942021 NC: 2026:KHC:48603 WP No. 23247 of 2021 establish a right over the property in a manner known to law. Sd/- (E.S.INDIRESH) JUDGE GH List No.: 1 Sl No.: 52