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2026 DAILYLAW 49311 (KAR)

SMT. BHAGYAMMA v. THE DEPUTY COMMISSIONER

WA/1138/2025 · 2026-01-22

D K Singh, S Rachaiah

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Judgment text

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- 1 - HC-KAR NC: 2026:KHC:3548-DB WA No. 1138 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2026 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE S RACHAIAH WRIT APPEAL NO. 1138 OF 2025 (KLR-RES) BETWEEN: 1. SMT. BHAGYAMMA W/O. LATE VENKATA REDDY, AGED ABOUT 51 YEARS, 2. SRI. SHIVAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 49 YEARS, 3. SRI. KARAGAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 51 YEARS, ALL ARE RESIDING AT NO. 74 KENDANAHALLI VILLAGE, CHINNASANDRA, KALWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA - 563 128. …APPELLANTS (BY SRI. SHARATH S GOGI, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHIKKABALLAPURA - 562 101. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:3548-DB WA No. 1138 of 2025 2. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA DIVISION, CHIKKABALLAPURA - 562 101. 3. THE TAHSILDAR CHIKKABALLAPURA TALUK, CHIKKABALLAPURA - 562 101. 4. SRI. SRINIVAS S/O. LATE MALLURAMMA AND LATE ANNAIAHPPA, KENDANAHALLI VILLAGE, KAIWARA HOBLI, CHINTHAMANI TALUK, CHIKKABALLAPURA-563 128. …RESPONDENTS (BY SRI. MOHAMMAD JAFFAR SHAH, AGA) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE SINGLE JUDGE, DATED 28/04/2025 PASSED IN WP NO.6231/2025 BY ALLOWING THE WRIT PETITION AND GRANT SUCH OTHER AND FURTHER RELIEFS. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE S RACHAIAH - 3 - HC-KAR NC: 2026:KHC:3548-DB WA No. 1138 of 2025 ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) 1. The present intra-Court appeal has been filed impugning the order dated 28.04.2025 passed by the learned Single Judge in W.P No.6231/2025. 2. The parties are referred to as per their ranking before the Writ Court for the sake of convenience. 3. The petitioners who are the appellants herein had filed the writ petition challenging the order of mutation made on the basis of the registered Will dated 20.07.1992 before the Assistant Commissioner who dismissed the appeal and a revision filed against the dismissal of the appeal also came to be dismissed. 4. The registered Will has not been cancelled in any of the proceedings till date. The registered Will in favour of Sri. Srinivas was executed by Venkatarayappa, who died issueless. One of the petitioners filed the suit claiming the right, title and interest over the estate left behind by - 4 - HC-KAR NC: 2026:KHC:3548-DB WA No. 1138 of 2025 Venkatarayappa on the ground that he was adopted son and the suit got dismissed. 5. The mutation entries do not determine the right and title over the land. If the parties are before the Civil Court, the mutation entries would be subject to the final outcome of the proceedings pending before the Civil Court. 6. The Appellate Authority and Revisional Authority have been right in mutating the name of Sri. Srinivas against the properties left behind by late Venkatarayappa who had allegedly executed registered Will in favour of Sri Srinivas / respondent No.4. 7. The learned Single Judge considering the aforesaid facts had dismissed the writ petition and we do not see any reason to interfere with the same in the present appeal. Therefore, the appeal stands dismissed. 8. The parties may agitate their rights in appropriate proceedings before the Civil Court. The entries in the revenue records would be subject to the final outcome of the regular appeal. - 5 - HC-KAR NC: 2026:KHC:3548-DB WA No. 1138 of 2025 In view of the disposal of this writ appeal, pending IA’s, if any, stands disposed of. Sd/- (D K SINGH) JUDGE Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 3