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2026 DAILYLAW 51632 (KAR)

SRI MAKLE MOHAMMED MASOOD v. THE STATE OF KARNATAKA

WP/38654/2025 · 2026-01-19

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2721 WP No. 38654 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 38654 OF 2025 (KLR-RR/SUR) BETWEEN: SRI. MAKLE MOHAMMED MASOOD S/O. MAKLE ABDUL KADIR, AGED ABOUT 57 YEARS, R/A NEW COLONY, KESARKODI, SHIROOR POST, KUNDAPURA, UDUPI DISTRICT, KARNATAKA 576 228 …PETITIONER (BY SRI. JAYARAJ D S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, M. S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER A BLOCK RAJATADRI MANIPAL, UDUPI DISTRICT, KARNATAKA - 576 104. 3. THE ASSISTANT COMMISSIONER A BLOCK RAJATADRI MANIPAL, UDUPI DISTRICT, Digitally signed by KRISHNAPPA LAXMI YASHODA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2721 WP No. 38654 of 2025 KARNATAKA 576 104. 4. THE TAHASILDAR MINI VIDHANA SOUDHA BUILDING, NEAR CIVIL COURT, KUNDAPURA, UDUPI DISTRICT, KARNATAKA - 576 201. …RESPONDENTS (BY SRI.SHAMANTH NAIK., HCGP FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO. 4 TO CONSIDER THE REPRESENTATION DATED 06.11.2025 SUBMITTED BY THE PETITIONER VIDE ANNEXURE-A AND MUTATE THE NAME OF THE PETITIONER PERTAINING TO THE PETITION SCHEDULE LAND WITHIN A TIME FRAME OF THRITY (30) DAYS. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for the respondent. 2. The grievance of the petitioner is that despite the representation at Annexures-A being given to the respondent-Tahsildar, Kundapura, Udupi District, seeking - 3 - HC-KAR NC: 2026:KHC:2721 WP No. 38654 of 2025 a change of mutation entry based on a Will left behind by the Kathedar, late Sri. Shankara, the Tahsildar has not taken any action. 3. Learned Additional Government Advocate submits that this Court in W.P.No.421/2023 dated 25.01.2023 has laid down the procedure to be followed by the Tahsildar having regard to the provisions contained in Section 129 of the Karnataka Land Revenue Act, 1964, before considering such a request based on a Will. The learned Additional Government Advocate submits that directions may be issued to the Tahsildar to follow the said procedure and pass necessary orders or issue an endorsement. 4. Accordingly, the writ petition stands disposed of with a direction to the respondent-Tahsildar to consider the representation given by the petitioner, find out who are the legal heirs left behind by the previous kathedar, issue notice, call for objections and then proceed in - 4 - HC-KAR NC: 2026:KHC:2721 WP No. 38654 of 2025 accordance with law. If there are any objections raised by the legal heirs, then appropriate endorsement may be given to the petitioner to approach a competent Civil Court to get a declaration. If there are no objections, the Tahsildar can proceed to enter the name of the petitioner in the revenue records in accordance with law. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of four months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE KLY