Sri Narasimhamurthy Vs the State of Karnataka

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 26.12.2024 VIDE ANNEXURE-L TO EFFECT KATHA IN FAVOUR OF THE PETITIONER.

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

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CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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In the captioned writ petition, the petitioner is seeking mandamus at the hands of this Court against respondent No.2 to consider the representation dated 26.12.2024 tendered by the petitioner vide Annexure-L and effect katha in favour of the petitioner on the basis of the Will obtained by the petitioner.

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Today, the learned Standing Counsel appearing

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for respondent No.2 has filed a memo before this Court. Along with the said memo, he has produced an endorsement dated 05.06.2025 issued by respondent No.2. A perusal of the said endorsement indicates that respondent No.2 has declined to effect the change of katha in favour of the petitioner based on the Will relied

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3 - NC: 2025:KHC:19584 WP No. 8517 of 2025

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HC-KAR

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upon by him. The said endorsement further discloses that there are two Wills in respect of the property in question, and in view of the existence of rival claims under two separate Wills, respondent No.2 has, in his administrative capacity, declined to effect the mutation or enter the name of the petitioner in the municipal records. The said action on the part of respondent No.2, in this Court's view, cannot be faulted, since the authority has rightly refrained from adjudicating upon the validity or genuineness of the Wills, which falls exclusively within the domain of a competent Civil Court.

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It is a well-settled principle of law, consistently

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reiterated by this Court in a catena of decisions, that when mutation is sought on the basis of a Will and there exists a dispute or rival claim in respect of such Will, the municipal or revenue authorities cannot act upon such a document unless and until the person relying on the Will obtains a declaration or appropriate orders from a competent Civil Court. Mutation or katha entry is essentially a fiscal entry

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4 -

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NC: 2025:KHC:19584 WP No. 8517 of 2025

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HC-KAR

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made for the purpose of tax collection and does not confer title. Therefore, in the absence of an adjudication as to the genuineness and enforceability of the Wills, respondent No.2 was justified in declining to act upon either of them.

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In light of the above, while reserving liberty to the petitioner to approach the competent Civil Court to substantiate the Will relied upon by him and to seek appropriate reliefs in accordance with law, the present writ petition stands disposed of. It is made clear that, until such time that proper orders are secured from the competent Court by either of the rival legatees, the entry in the municipal records shall continue to stand in the name of the original Testator. This order shall not come in the way of either of the parties seeking appropriate remedies before the competent forum in accordance with law.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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NBM

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List No.: 1 Sl No.: 8

Sri Narasimhamurthy v. the State of Karnataka

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Sri Narasimhamurthy v. the State of Karnataka

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