Karnataka High Court
H V Amruth Kumar v. The Deputy Commissioner
2026:KHC:45901 · WP/20507/2024
- Decision date
- 2026-08-25
- Text availability
- Full text
- Judges
- E. S. Indiresh
Source: Indian High Court Judgments, AWS Open Data (CC BY 4.0) ↗
Connected provisions and cases
No further provision or case links are recorded.
Judgment text
- 1 - HC-KAR NC: 2026:KHC:45901 WP No. 20507 of 2024 CNR: KAHC010432162024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 20507 OF 2024 (KLR-RES) BETWEEN: 1. H.V. AMRUTH KUMAR S/O LATE H.S. VENKATESHA AGED ABOUT 50 YEARS NO. 135, CHIRAG, BHARAMAPUTRA MAIN ROAD VIDHYASHANKAR LAYOUT, MYSORE 570 029 EMAIL: [email protected]. MOB: 7760676739. AADHAR: 862268490916. …PETITIONER (BY SRI. N. NANJUNDASWAMY, ADVOCATE) AND: Digitally signed 1. THE DEPUTY COMMISSIONER by CHAITHRA A FOR MYSORE DISTRICT, NEW D.C. OFFICE Location: HIGH COURT OF SIDDARTHA NAGAR, MYSORE-570 019. KARNATAKA 2. THE ASSISTANT COMMISSIONER FOR MYSORE DISTRICT OLD D.C. OFFICE BUILDING MYSORE-570 001. 3. THE THASILDAR FOR MYSORE DISTRICT, NEW THALUK OFFICE BUILDING, NAZARBAD, MYSORE-570 010. 4. REVUNE INSPECTOR FOR KALSTHAVADI, VILLAGE, - 2 - HC-KAR NC: 2026:KHC:45901 WP No. 20507 of 2024 CNR: KAHC010432162024 KASABA HOBLI, NEW THALUK OFFICE BUILDING, NAZARBAD MYSORE-570 010. 5. THE VILLAGE OFFICER FOR KALSTHAVADI, VILLAGE, KASABA HOBLI NEW THALUK OFFICE BUILDING, NAZARBAD MYSORE-570 010. 6. MRS MAHALAKSHMI W/O LATE MUKANDA NAGANHALLI VILLAGE, KASABA HOBLI, MYSORE TALUK, MYSORE 570 003. 7. MRS KAMPAMMA W/O LATE HUCHA GOWDA @ PAPANNA NAGANHALLI VILLAGE, KASABA HOBLI, MYSORE TALUK, MYSORE 570 003. 8. MR MADAVA S/O LATE HUCHA GOWDA @ PAPANNA
NAGANHALLI VILLAGE, KASABA HOBLI MYSORE TALUK, MYSORE 570 003. 9. MR S.DINASH S/O LATE SWAMY GOWDA NAGANHALLI VILLAGE, KASABA HOBLI MYSORE TALUK, MYSORE 570 003. 10. MR N.M. KUMARA S/O LATE MUKANDA NAGANHALLI VILLAGE, KASABA HOBLI MYSORE TALUK, MYSORE 570 003. 11. MR N.M. SURESH S/O LATE MUKANDA NAGANHALLI VILLAGE, KASABA HOBLI MYSORE TALUK, MYSORE 570 003. - 3 - HC-KAR NC: 2026:KHC:45901 WP No. 20507 of 2024 CNR: KAHC010432162024 12. MRS BHARATHI W/O RAJENDRA NO. 3066/7, 1ST MAIN, 4TH CROSS GOKULAM, DEVARAJA MOHALLA MYSORE-570 002. …RESPONDENTS (BY SRI. SPOORTHY HEGDE .N, HCGP FOR R1 TO R5) THIS W.P. IS FILED UNDER ARTICLES NO. 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECTION TO QUASH THE ORDER DATED 21.11.2023, AS PER ANNEXURE-E, PASSED BY THE 2ND RESPONDENT IN CASE NO. R.P.NO.116/2018 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Learned High Court Government Pleader accepts notice for respondent Nos.1 to 5. 2. Petitioner is before this Court seeking for the following reliefs: (a) Issue of writ of Certiorari or other appropriate writ or direction to quash the order dated 21/11/2023, as per Annexure-E, passed by the 2nd respondent in Case No.R.P.No.116/2018,
(b) Issue of writ of Certiorari or other appropriate writ or direction to quash the order dated 17/11/2018, as per Annexure-D, passed by the 2nd respondent in Case No.R.A.No.98/2015, - 4 - HC-KAR NC: 2026:KHC:45901 WP No. 20507 of 2024 CNR: KAHC010432162024 (c) Issue writ of mandamus directing the Respondent No.3 to cancel the mutation order in IHR2/1993-94, as per Annexure-A, (d) Issue writ of mandamus directing the Respondent No.3 to cancel the mutation order in IHR5/1998-99, as per Annexure-B, (e) Issue writ of mandamus directing the Respondent No.3 to cancel the mutation order in M.R No.8/1998-99, as per Annexure-C, (f) and pass other suitable orders under the circumstances of the case as it deems fit by this Hon'ble Court by allowing this petition with costs, in the interest of justice and equity." 3. Sri.N.Nanjundaswamy, learned counsel appearing for the petitioner submitted that, the petitioner is claiming his right over the property based on the registered Will dated 03.11.1940, said to have been executed by one Rangacharlu in favour of the legatees named therein and therefore, it is contended that the said aspect of the matter ought to have been considered by the respondents - Authorities while considering the request for entering the name of the petitioner in the mutation register. It is also contended by the learned counsel appearing for the petitioner that the private respondents herein have not produced the registered instrument dated 12.05.1960 and
- 5 - HC-KAR NC: 2026:KHC:45901 WP No. 20507 of 2024 CNR: KAHC010432162024 the registered sale deed dated 15.12.2003 made in favour of respondent No.9 herein and therefore, sought for interference of this Court. 4. Learned HCGP sought to justify the impugned orders and submits that the parties have to establish their rights over the property in question in the manner known to law. Accordingly, sought for dismissal of writ petition. 5. In the light of the submissions made by the learned counsel appearing for the parties, it is noticed that the petitioner is claiming his right over the land in question based on the registered Will dated 03.11.1940, which has not been acted upon or otherwise brought to light for more than 8 decades. It is also to be noted that the private respondents herein are claiming right over the land based on the registered instrument namely the registered Sale Deed dated 12.05.1960, vide Register No.1372/1960-61 and the registered Sale Deed dated 15.12.2003, vide Register No.10505/2003-04. - 6 - HC-KAR NC: 2026:KHC:45901 WP No. 20507 of 2024 CNR: KAHC010432162024 6. In that view of the matter, as the petitioner is claiming his right over the land based on the registered Will said to have been executed more than eight decades ago, it is open for the petitioner to establish his right and title over the land in question before the competent Civil Court, in a manner known to law. Accordingly, I do not find any merit in the writ petition.
The writ petition stands dismissed. Sd/- (E.S.INDIRESH) JUDGE NBM List No.: 1 Sl No.: 24