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2026 DAILYLAW 46177 (KAR)

SMT.C.G.KAMALAMMA v. THE DEPUTY COMMISSIONER

WP/2746/2026 · 2026-02-02

R Devdas

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:5755 WP No. 2746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2746 OF 2026 (KLR-RES) BETWEEN: 1. SMT.C.G.KAMALAMMA W/O LATE SRI. C SUBRAMANYAM, AGED ABOUT 72 YEARS, R/AT SREEVASAM, 3RD CROSS, RAGANATHA EXTENSION, GOPALA, SHIVAMOGGA-577208. 2. SMT. MEENA RAJENDRAN W/O SRI. RAJENDRAN, D/O LATE SRI. C SUBRAMANYAM, AGED ABOUT 50 YEARS, R/AT SREEVASAM, 3RD CROSS, RAGANATHA EXTENSION, GOPALA SHIVAMOGGA 577208. 3. SMT. MALINI K C/O SRI. KRISHNAMOORTHY, D/O LATE SRI. C SUBRAMANYAM, AGED ABOUT 47 YEARS, R/AT SREEVASAM, 3RD CROSS, RAGANATHA EXTENSION, GOPALA SHIVAMOGGA 577208 4. SMT. CHITHRA C S W/O SRI. CHANDRASHEKAR A N, D/O LATE SRI. C SUBRAMANYAM, AGED ABOUT 43 YEARS, R/AT SREEVASAM, 3RD CROSS, Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:5755 WP No. 2746 of 2026 RAGANATHA EXTENSION, GOPALA SHIVAMOGGA 577208. …PETITIONERS (BY SRI. H S PRASHANTH., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER, SHIVAMOGGA, SAVALANGA ROAD, SHIVAMOGGA-577201. 2. THE COMMISSIONER CITY MUNICIPAL COUNSEL, BHADRAVATHI TOWN, SHIVAMOGGA-577301. 3. ASSISTANT COMMISSIONER (REVENUE), SHIVAMOGGA SUB-DIVISION, SHIVAMOGGA- 577201. 4. THE TASHILDAR BHADRAVATHI TALUK, BHADRAVATHI, SHIVAMOGGA DISTRICT- 577301 …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO REGISTER THE NAMES OF THE PETITIONERS IN RTC AT KATHA REGISTER AS PER THE APPLICATION OF THE PETITIONERS AT ANNEXURE-A AND A1, FORTHWITH. THIS PETITION, COMING ON FOR PREELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:5755 WP No. 2746 of 2026 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for respondents No.1, 3 and 4. Notice to respondent No.2 is not necessary for the following reasons; 2. It is the contention of the petitioners that the kathedar of the lands in question namely 9 acres of land in Survey No.20 of Bhadra Colony Village, Kudigere Hobli, Bhadravathi Taluk, Shivamogga District, viz., Sri C.L. Doreswamy Naidu died leaving behind a Will dated 10.11.2000 bequeathing the lands in question in favour of his son C. Subramanyam. The other members of the family contested the Will by filing a suit in O.S.No.10/2018 on the file of the learned Additional Senior Civil Judge, Bhadravathi. A judgment and decree was passed on 18.01.2025 declaring that by virtue of the Will dated 10.11.2000, the property in question stands bequeathed in favour of Sri C.Subramanyam, son of late Sri C.L.Doreswamy Naidu. The suit was accordingly dismissed. - 4 - HC-KAR NC: 2026:KHC:5755 WP No. 2746 of 2026 Thereafter, Sri C.Subramanyam also died on 02.08.2025. Pursuant thereto the petitioners being the legal heirs of Late Sri C.Subramanyam have filed an application before the respondent – Tahsildar, Bhadravathi Taluk to enter their names in the revenue records. There is also a direction issued by the Assistant Commissioner at Annexure-F, dated 21.07.2025 directing the Tahsildar to enter the name of the petitioners, although a Regular First Appeal in R.F.A. No.617/2025 has been filed by the original plaintiffs. Learned counsel submits that there is no bar in law that the moment an appeal is filed challenging the judgment and decree, it would preclude the revenue authorities from mutating the names of the successful party in the revenue records. 3. Accepting the submission of the learned counsel for petitioners, the writ petition stands disposed of, with a direction to the respondent No.4- Tahsildar, Bhadravathi Taluk, to proceed to pass a mutation order in favour of the petitioners, after verifying the fact that the petitioners - 5 - HC-KAR NC: 2026:KHC:5755 WP No. 2746 of 2026 alone are the legal heirs of Late Sri C.Subramanyam. The entire excise shall be completed as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this order, subject to the fact that no interim order of stay is passed in RFA No.617/2025. Ordered accordingly. 4. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE KLY CT: JL