- 1 - HC-KAR CNR: KAHC010024902020 NC: 2026:KHC:52657 WP No. 4314 of 2020 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. 4314 OF 2020 (KLR-RR/SUR) BETWEEN: SRI. NANJAPPA, S/O. ANJINAPPA, AGED ABOUT 58 YEARS, RESIDENT OF HOSAHALLI VILLAGE, HUNASAMARANAHALLI POST, JALA HOBLI, BENGALURU NORTH TALUK - 562 157. …PETITIONER (BY SRI. R.B. SADASIVAPPA., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BENGALRUUURBAN DISTRICT, K.G ROAD, BENGALURU - 560 009. 2. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU DISTRICT. 3. THE TAHSILDAR, BENGALURU NORTH TALUK, BENGALURU DEVANAHALLI. 4. SRI. NARAYANAPPA, S/O DODDASONNAPPA, SINCE DECEASED BY LRS Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010024902020 NC: 2026:KHC:52657 WP No. 4314 of 2020 4(a). SMT. RATHNAMMA W/O LATE NAWRAYANAPPA AGED ABOUT 55 YEARS 4(b). SMT. RUPA D/O ALTE NAWRAYANAPPA AGED ABOUT 29 YEARS 4(c). SRI. MANJUNATHA, S/O LATE NARAYANAPPA, AGED ABOUT 27 YEARS, 4(d). SMT. SARASWATHI, D/O LATE NARAYANAPPA, AGED ABOUT 29 YEARS, RESPONDENTS R(a) TO 4 (d) ARE RESIDENT OF CHIKKAJALA, JALA HOBLI, BENGALURUNORTH TALUK, BENGALURU - 562 157. …RESPONDENTS (BY SRI. SHAMANTH NAIK, AGA FOR R1 TO R3, SRI. K. SEENAPPA, ADVOCATE FOR R4(b), R4(a), R4(c) AND R4(d) ARE SERVED AND UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED:12.12.2019 PASSED BY THE R-1 IN R.P.NO.412/2015-16 AND ORDER DTD.27.08.2014 PASSED BY THE R-2 IN R.A.NO.(BNA) 32/2017-18 VIDE ANNEXURE-M AND L OR ANY OTHER APPROPRIATE WRIT ALLOW THE WRIT ORDER OR DIRECTION AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 3 - HC-KAR CNR: KAHC010024902020 NC: 2026:KHC:52657 WP No. 4314 of 2020 ORAL ORDER Heard the learned counsel appearing for the parties. 2. In this writ petition, petitioner is assailing the Order dated 12.12.2019 in RP.No.412/2015-16 on the file of respondent No.1 (Annexure-M) and order dated 27.08.2014 (Annexure-L) passed by respondent No.2. 3. The petitioner is claiming right over the property based on the registered Sale Deed dated 13.09.2004 (Annexure-F) and on the other hand, the legal representatives of respondent No.4 claiming right over the property based on the Will dated 18.06.2007. 4. In that view of the matter, as the suit in OS.No.439/2011 is pending consideration before the Senior Civil Judge and JMFC at Devanahalli, wherein the private respondents herein have to prove the Will in the pending suit and in that view of the matter, the respondent authorities have committed an error in changing the mutation in favour of respondent No.4, - 4 - HC-KAR CNR: KAHC010024902020 NC: 2026:KHC:52657 WP No. 4314 of 2020 despite the fact that the petitioner herein had acquired the land in question as per the registered Sale Deed dated 13.09.2004 (Annexure-F). 5. It is also forthcoming from the writ petition that the petitioner herein has changed the nature of the land as per the Memorandum dated 18.03.2009 (Annexure-G) for non-agriculture purposes. 6. In that view of the matter, I pass the following: ORDER i) The writ petition is allowed. ii) Order dated 12.12.2019 (Annexure-M) passed by respondent No.1 and Order dated 27.08.2014 (Annexure-L) passed by respondent No.2 are hereby set aside. iii) The revenue entries has to be made in favour of petitioner forthwith. iv) It is open for the legal representatives of respondent No.4 to approach the respondent - 5 - HC-KAR CNR: KAHC010024902020 NC: 2026:KHC:52657 WP No. 4314 of 2020 Authority for change of khatha, after the conclusion of the suit referred to above. Sd/- (E.S.INDIRESH) JUDGE PK List No.: 1 Sl No.: 40