Sri Swami Shivanand S/O Yallappa Naik Hattennavar Alias Yelival Vs the Deputy Commissioner

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NC: 2025:KHC-D:7545 WP No. 102818 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11^TH DAY OF JUNE 2025 BEFORE

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THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 102818 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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SRI. SWAMI SHIVANAND S/O. YALLAPPA NAIK HATTENNAVAR @ YELIVAL, AGE: 51 YEARS, OCC: AGRICULTURE, R/O. BUDURSINGI, PRESENTLY STAYING AT 1^ST FLOOR OF GANJIGOUDAR HOUSE, RENUKA NAGAR, BAIRIDEVARKOPPA-580025, HUBBALLI RURAL TALUK, DISTRICT: DHARWAD.

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…PETITIONER

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(BY SRI. A.P. MURARI, ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER, DHARWAD, DISTRICT: DHARWAD-580001.

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THE ADDITIONAL DEPUTY COMMISSIONER, DHARWAD, DISTRICT: DHARWAD-580001.

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Digitally signed by VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.06.19 16:01:04 +0530

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THE TAHASILDAR, HUBBALLI RURAL TALUK, DISTRICT: DHARWAD-580001.

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…RESPONDENTS

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(BY SRI. M.M. KHANNUR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OR ORDER IN THE NATURE OF WRIT OF MANDAMUS DIRECTING THE 3^RD RESPONDENT TO ENTER/MUTATE THE NAME OF THE PETITIONER BY CREATING APPROPRIATE MR AND SHOWING THE NAME OF THE PETITIONER IN COLUMN NO.9 AND 11 OF THE RECORD OF RIGHTS PERTAINING TO SURVEY/BLOCK NOS.136/2, 136/3 AND 136/4 (OLD SURVEY/BLOCK NO.136) OF BUDURSINGI VILLAGE, TALUK: HUBBALLI RURAL TALUK, DISTRICT: DHARWAD, TOTALLY MEASURING 01 ACRE 35 GUNTAS OF LAND AS PER ANNEXURE-G SALE DEED BEARING REGISTRATION NO.HBL-1-09378-2024-25

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NC: 2025:KHC-D:7545 WP No. 102818 of 2025

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HC-KAR

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DATED 24.02.2025 REGISTERED IN THE OFFICE OF THE SENIOR SUB-REGISTRAR, HUBBALLI AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)

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Heard learned counsel Miss Shivani Murari for

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the petitioner. Learned AGA Sri.M.M.Khannur accepts notice for respondent Nos.1 to 3.

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This petition is filed seeking a writ of

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mandamus for a direction to the respondent No.3 to enter/mutate the name of the petitioner in Column Nos.9 and 12 of the record of rights and in other revenue records pursuant to the registered sale deed executed in his favour by Sri.Devappa Hanumanthappa Hosamani, Jagadish Malleshappa Hebballi and Basavarj Malleshappa Hebballi represented by the Court Commissioner as per the orders of the learned III Addl.Senior Civil Judge, Hubballi in Execution Case No.62/2020.

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It is the case of the petitioner that the petitioner had purchased the property bearing

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HC-KAR

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Sy.Nos.136/2, 136/3 and 136/4 measuring 1 acre 35 guntas situated at Budursingi village, taluk Hubballi by way of registered sale deed dated 24.02.2025. Thereafter, he made a representation to the respondent No.2Additional Deputy Commissioner on 18.03.2025, which was not considered and acceded, due to which the petitioner made another representation to the respondent No.1-Deputy Commissioner on 20.03.2025 to mutate his name in the revenue records, but the same was not considered.

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It is the contention of the learned counsel for the petitioner that once a registered sale deed is entered in to the registrar office, the same would have to be promptly recorded in the revenue records by the prescribed authority and the concerned officer as contemplated under Sections 128 and 129 of the Karnataka Land Revenue Act and Rule 63 of the Karnataka Land Revenue Rules. Despite the representations made, non-consideration of the representations to mutate the

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HC-KAR

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name of the petitioner is illegal and contrary to the provisions of the Act and Rules. Hence the petitioner is before this Court seeking a writ of mandamus for a direction to respondent No.3 to mutate his name in the revenue records.

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Learned AGA representing the respondents submits that the representation of the petitioner would be considered in accordance with law if reasonable time is granted, if otherwise the petitioner is entitled.

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I have heard the learned counsel for the petitioner and the leaned AGA for the respondents.

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It is not in dispute that the registered sale deed is in the name of the petitioner. Therefore, as contemplated under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964 and Rule 63 of the Karnataka Land Revenue Rules, 1966 the duty is cast upon the authorities to record the name of the person in whose name a registered document exists. The prescribed officer is duty bound to enter the name of the registered

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HC-KAR

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owner even if any application is not made as the same is

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exempted.

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Section 128 and Section 129 (1) and (2) of the

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Karnataka Land Revenue Act, 1964 read as under:

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“128. Acquisition of rights to be reported.(1)Any person acquiring by succession, survivorship, inheritance, partition, purchase, mortgage, gift, lease or otherwise, any right as holder, occupant, owner, mortgagee, landlord or tenant of the land or assignee of the rent or revenue thereof, shall report orally or in writing his acquisition of such right to the prescribed officer of the village within three months from the date of such acquisition, and the said officer shall at once give a written acknowledgment of the receipt of the report to the person making it:

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Provided that where the person acquiring the right is a minor or otherwise disqualified, his guardian or other person having charge of his property shall make the report to the prescribed officer:

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Provided further that any person acquiring a right by virtue of a registered document shall be exempted form the obligation to report to the prescribed officer.

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129. Registration of Mutations and Register of Disputed Cases. - (1)The prescribed officer shall enter in the Register of Mutations every report made to him under sub-section (1) of section 128 or received by him under sub-section (2) or sub-section (4) of the said section.

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(2)Whenever a prescribed officer makes an entry in the Register of Mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavadi and shall give written intimation to all persons appearing from the Record of

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HC-KAR

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Rights or Register of Mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein.”

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9. Rule 63 of the Karnataka Land Revenue Rules,

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1966 reads as under:

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“63. Registrar and Sub-Registrar to send intimation slips to the Tahsildar :- (1) The Registrar or Sub-Registrar as the case may be shall on receipt of information under Rule 44 on the completion of the preliminary record, send to the Tahsildar, daily intimation slips in Form 10 of all transactions relating to lands registered in his office compiled separately for each village. The Registrar or Sub-Registrar shall also send a consolidated list of all transactions once in a fortnight to the Tahsildar or to the authorized officer in Form 10-A.

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(2) On receipt of intimation slip from the Registrar or Sub-Registrar in Form 10 and Form 10-A or on receipt of the report in Form 20-A the Tahsildar or the authorized officer shall cause the intimation slip to be entered in a Register in Form 10-B village-wise giving separate serial numbers for each village.”

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10. Therefore, I pass the following:

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ORDER

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i. Petition is allowed.

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ii. Writ of mandamus is issued directing the respondent No.3 to enter/mutate the name

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of the petitioner and show name of the petitioner in column Nos.9 and 12 in the

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