- 1 - HC-KAR CNR: KAHC010068872018 NC: 2026:KHC:52479 WP No. 23311 of 2018 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 23311 OF 2018 (KLR-RR/SUR) BETWEEN: CHOWDAIAH @ CHIKKAMOGA MAJOR, AGED ABOUT 80 YEARS, S/O. MOOGACHOWDANA KULLEGOWDA, (CHOWDEGOWDA @ KULLEGOWDA), RESIDING AT: DEVIPURA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 475. …PETITIONER (BY SRI. SHIVARAMU H C.,ADVOCATE) AND: 1. THE TAHSILDAR MALAVALLI TALUK, MANDYA DISTRICT - 571 475. 2. CHOWDAIAH MAJOR, S/O. MOOKAIAH, 3. PUTTASWAMY MAJOR, S/O. CHOWDAIAH @ MOOKAIAH, RESPONDENT NOS.2 AND 3 ARE RESIDING AT: DEVIPURA VILLAGE, MALAVALLI TALUK, MANDYA DISTRICT - 571 475. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010068872018 NC: 2026:KHC:52479 WP No. 23311 of 2018 4. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA - 571 405. …RESPONDENTS (BY SRI. ADITYA DIWAKARA, AGA FOR R1 & R4; SRI. K. RAJASHEKHAR.,ADVOCATE FOR R3; R2 SERVED BUT UNREPRESENTED) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 29.05.2017 PASSED BY THE R-4 IN ORDER NO.RP NO.102/2013 AT ANNEXURE-C AND CONSEQUENTLY QUASH THE MR NO.3/2006-07 DATED 02.09.2006 AT ANNEXURE-B IN SO FAR AS SY NO.55/D4 MEASURING 11 GUNTAS AND RESTORE THE KATHA AND RTC IN FAVOUR OF THE PETITIONER AS WAS IN EXISTENCE PRIOR TO THE ORDER DATED 02.09.2006 IN FAVOUR OF THE PETITIONER IN RESPECT OF LAND BEARING SY NO.55/D4 MEASURING 11 GUNTAS SITUATED AT DEVIPURA VILLAGE, KIRUGAVALU HOBLI, MALAVALLI TALUK, MANDYA DISTRICT FORTHWITH. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard the learned counsel appearing for the parties. 2. Sri. Shivaramu H C, learned counsel appearing for the petitioner submitted that both respondent Nos. 1 and 4 have committed error in changing the mutation entries in - 3 - HC-KAR CNR: KAHC010068872018 NC: 2026:KHC:52479 WP No. 23311 of 2018 respect of the land in question based on the application made by the respondent No.3, wherein the name of the petitioner, stood in the revenue records for more than 35 years and therefore submitted that the interference is required in this petition. The learned counsel for the petitioner has also, submitted that the change of entry has to be made only based on the registered instruments and respondent No.3 herein has to establish the right over the land in question and therefore sought for interference of this Court. 3. Per contra, K. Rajashekar, learned counsel appearing for respondent No.3 sought to justify the impugned orders and accordingly sought for dismissal of the writ petition. 4. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the mutation entries made in MR IHC No.12/78-79 would indicate that the name of the petitioner was reflected in the mutation register for more than 35 years. However, based on the application made by the respondent No.3 herein the khata has been changed without issuing notice to the petitioner. It is also to be noted that the respondent-authorities have - 4 - HC-KAR CNR: KAHC010068872018 NC: 2026:KHC:52479 WP No. 23311 of 2018 committed an error in ignoring the fact that the change of mutation entries has been made at the instance of the respondent No.3 without there being any notice to the petitioner herein nor the respondent No.3 has established his right over the land in question. In that view of the matter, I find force in the submission made by the learned counsel appearing for the petitioner. 5. In that view of the matter, the impugned orders passed by the respondent-authorities as per Annexures- C and B are set aside. The respondent No.1-Tahsildar is directed to restore the mutation in favour of the petitioner within a period of two (2) months from the date of receipt of certified copy of this order. However, it is open for respondent No.3 to establish his right over the property in a manner known to law. With the above observation, petition is disposed of. SD/- (E.S.INDIRESH) JUDGE RU, List No.: 1 Sl No.: 14