Full Judgment Text
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NC: 2026:KHC:2966
WP No. 32658 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 32658 OF 2025 (KLR-RES)
BETWEEN:
1. SRI MANJUNATHA R
S/O. LATE RANGASWAMY,
AGED ABOUT 28 YEARS,
R/AT KANNANURU PALYA,
MARASANDRA POST,
KUDUR HOBLI, MAGADI TALUK,
RAMANAGARA DISTRICT,
RAMANAGARA-561 101.
2. SRI. HONNARAJU. R
S/O. LATE RANGASWAMY,
AGED ABOUT 28 YEARS,
R/AT KANNANURU PALYA,
MARASANDRA POST,
KUDUR HOBLI, MAGADI TALUK,
RAMANAGARA DISTRICT,
RAMANAGARA-561 101.
…PETITIONERS
(BY SRI. M. PREETHAM, ADVOCATE)
Digitally signed by
JUANITA THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S. BUILDING,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE THASILDAR
MAGADI TALUK,
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WP No. 32658 of 2025
HC-KAR
RAMANAGARA DISTRICT,
RAMANAGARA-561 101.
…RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT BEARING NO.RRT/CR/196/2024-25 DATED
09.05.2025 AT ANNEXURE -A, PASSED BY THE RESPONDENT
AND ETC.
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 is directed to
take notice for both the respondents.
2. Learned counsel for the petitioners submits that the
representation given by the petitioners seeking entry of their
names in the land records on the strength of a Will left behind
by his father, who is the owner of Sy.No.13/P1 measuring 0.30
guntas, which are situated at Marasandra village, Kudur Hobli,
Magadi Taluk, Ramanagara District, has been rejected by
respondent No.2-Tahasildar, Magadi Taluk, in terms of
Annexure-'A' endorsement dated 09.05.2025. Learned counsel
submits that the Tahasildar is of the opinion that the petitioner
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is required to obtain a probate of the Will and submit the same
to the Tahasildar before seeking mutation entry on the strength
of the Will. However, the learned counsel submits that this
Court has held in the case of Smt.Ramadevi Vs. Tahsildar
and Others in W.P.No.4131/2023 dated 24.02.2023 , that
the Tahsildar is required to follow the procedure prescribed in
Section 129 of the Karnataka Land Revenue Act, 1964, before
considering such a request based on a Will. The learned counsel
would therefore submit that the issue is no more res-integra
and therefore, a direction may be issued to the Tahsildar to re-
consider the representation given by the petitioner in terms of
the directions issued by this Court.
3. For the sake of convenience, relevant paragraphs of
the orders passed by this Court in the case of Smt. Ramadevi
(supra) is culled out as follows:
"4. Having considered the various cases such
as Vijayalakshmi and Another /vs./ The Deputy
Commissioner, Gulbarga and Others reported in
ILR 2007 KAR 3814, Sri P.K.Vasudevan /vs./
Deputy Commissioner–(2002) 4 KCCR
2285/(2002) Supreme (Kar) 283 and
Shanthinath /vs./ Deputy Commissioner,
Gulbarga Sub-division and Others-2010 (2)
KCCR 992, this court held that in the absence of any
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WP No. 32658 of 2025
HC-KAR
dispute, it is of course open to the revenue
authorities to make an entry in the revenue records in
favour of the person in whose favour the property is
bequeathed under a Will, whether it is a registered or
unregistered Will. However, having regard to the
ratio laid down in the case of Vijayalakshmi and
P.K.Vasudevan (supra), this court held that the
Tahsildar was required to follow the procedure
prescribed in Section 129 of the Karnataka Land
Revenue Act, 1964, before considering such a request
based on a Will. Section 129 clearly prescribes that
the prescribed officer is required to make an entry in
the Register of Mutations any such request/
application and at the same time, he shall post a
complete copy of the entry in a conspicuous place in
the chavadi (present day Gram Panchayat) and shall
give written intimation to all persons appearing from
the Record of 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. On such notification being published, if the
prescribed Officer receives any objection, then he
may direct the applicant to approach a competent
Civil Court to get a declaration in his/her favour that
he/she is the owner of the property in terms of the
Will. On the contrary, if no such objections are
received, the prescribed Officer may proceed to enter
the name of the applicant on the strength of a Will,
be it registered or unregistered. In the present case,
the Tahasildar has not passed any orders till date
."
5. Consequently, the writ petition is partly allowed.
The respondent-Tahsildar is directed to publish the information
regarding the claim made by the petitioner in the Marasandra
village, Kudur Hobli, Magadi Taluk, Ramanagara District and
call for objections from all interested persons. If objections are
received within the prescribed time i.e., 30 days as provided in
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Section 129 of the Act, then the respondent-Tahasildar is
empowered to issue an endorsement to the petitioner regarding
the objection and call upon him to get a declaration of his
rights under the registered Will. If there are no objections
raised from any quarters, the Tahasildar shall proceed to enter
the names of the petitioners, insofar as, the properties in of
Sy.No.13/P1 measuring 0.30 guntas, which are situated at
Marasandra village, Kudur Hobli, Magadi Taluk, Ramanagara
District are concerned, in terms of the registered Will dated
29.05.2017. Needless to observe that the entry made by the
Tahsildar, if no objections are received, will not preclude any
interested person to challenge the entries made in the land
records.
Ordered accordingly.
6. Learned High Court Government Pleader is
permitted to file memo of appearance within a period of four
weeks from today.
Sd/-
(R DEVDAS)
JUDGE
SSD
NC: 2026:KHC:2966
WP No. 32658 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
TH
DATED THIS THE 20 DAY OF JANUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE R DEVDAS
WRIT PETITION NO. 32658 OF 2025 (KLR-RES)
BETWEEN:
1. SRI MANJUNATHA R
S/O. LATE RANGASWAMY,
AGED ABOUT 28 YEARS,
R/AT KANNANURU PALYA,
MARASANDRA POST,
KUDUR HOBLI, MAGADI TALUK,
RAMANAGARA DISTRICT,
RAMANAGARA-561 101.
2. SRI. HONNARAJU. R
S/O. LATE RANGASWAMY,
AGED ABOUT 28 YEARS,
R/AT KANNANURU PALYA,
MARASANDRA POST,
KUDUR HOBLI, MAGADI TALUK,
RAMANAGARA DISTRICT,
RAMANAGARA-561 101.
…PETITIONERS
(BY SRI. M. PREETHAM, ADVOCATE)
Digitally signed by
JUANITA THEJESWINI
Location: HIGH
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S. BUILDING,
BENGALURU-560 001,
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE THASILDAR
MAGADI TALUK,
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NC: 2026:KHC:2966
WP No. 32658 of 2025
HC-KAR
RAMANAGARA DISTRICT,
RAMANAGARA-561 101.
…RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT BEARING NO.RRT/CR/196/2024-25 DATED
09.05.2025 AT ANNEXURE -A, PASSED BY THE RESPONDENT
AND ETC.
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 is directed to
take notice for both the respondents.
2. Learned counsel for the petitioners submits that the
representation given by the petitioners seeking entry of their
names in the land records on the strength of a Will left behind
by his father, who is the owner of Sy.No.13/P1 measuring 0.30
guntas, which are situated at Marasandra village, Kudur Hobli,
Magadi Taluk, Ramanagara District, has been rejected by
respondent No.2-Tahasildar, Magadi Taluk, in terms of
Annexure-'A' endorsement dated 09.05.2025. Learned counsel
submits that the Tahasildar is of the opinion that the petitioner
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NC: 2026:KHC:2966
WP No. 32658 of 2025
HC-KAR
is required to obtain a probate of the Will and submit the same
to the Tahasildar before seeking mutation entry on the strength
of the Will. However, the learned counsel submits that this
Court has held in the case of Smt.Ramadevi Vs. Tahsildar
and Others in W.P.No.4131/2023 dated 24.02.2023 , that
the Tahsildar is required to follow the procedure prescribed in
Section 129 of the Karnataka Land Revenue Act, 1964, before
considering such a request based on a Will. The learned counsel
would therefore submit that the issue is no more res-integra
and therefore, a direction may be issued to the Tahsildar to re-
consider the representation given by the petitioner in terms of
the directions issued by this Court.
3. For the sake of convenience, relevant paragraphs of
the orders passed by this Court in the case of Smt. Ramadevi
(supra) is culled out as follows:
"4. Having considered the various cases such
as Vijayalakshmi and Another /vs./ The Deputy
Commissioner, Gulbarga and Others reported in
ILR 2007 KAR 3814, Sri P.K.Vasudevan /vs./
Deputy Commissioner–(2002) 4 KCCR
2285/(2002) Supreme (Kar) 283 and
Shanthinath /vs./ Deputy Commissioner,
Gulbarga Sub-division and Others-2010 (2)
KCCR 992, this court held that in the absence of any
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WP No. 32658 of 2025
HC-KAR
dispute, it is of course open to the revenue
authorities to make an entry in the revenue records in
favour of the person in whose favour the property is
bequeathed under a Will, whether it is a registered or
unregistered Will. However, having regard to the
ratio laid down in the case of Vijayalakshmi and
P.K.Vasudevan (supra), this court held that the
Tahsildar was required to follow the procedure
prescribed in Section 129 of the Karnataka Land
Revenue Act, 1964, before considering such a request
based on a Will. Section 129 clearly prescribes that
the prescribed officer is required to make an entry in
the Register of Mutations any such request/
application and at the same time, he shall post a
complete copy of the entry in a conspicuous place in
the chavadi (present day Gram Panchayat) and shall
give written intimation to all persons appearing from
the Record of 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. On such notification being published, if the
prescribed Officer receives any objection, then he
may direct the applicant to approach a competent
Civil Court to get a declaration in his/her favour that
he/she is the owner of the property in terms of the
Will. On the contrary, if no such objections are
received, the prescribed Officer may proceed to enter
the name of the applicant on the strength of a Will,
be it registered or unregistered. In the present case,
the Tahasildar has not passed any orders till date
."
5. Consequently, the writ petition is partly allowed.
The respondent-Tahsildar is directed to publish the information
regarding the claim made by the petitioner in the Marasandra
village, Kudur Hobli, Magadi Taluk, Ramanagara District and
call for objections from all interested persons. If objections are
received within the prescribed time i.e., 30 days as provided in
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WP No. 32658 of 2025
HC-KAR
Section 129 of the Act, then the respondent-Tahasildar is
empowered to issue an endorsement to the petitioner regarding
the objection and call upon him to get a declaration of his
rights under the registered Will. If there are no objections
raised from any quarters, the Tahasildar shall proceed to enter
the names of the petitioners, insofar as, the properties in of
Sy.No.13/P1 measuring 0.30 guntas, which are situated at
Marasandra village, Kudur Hobli, Magadi Taluk, Ramanagara
District are concerned, in terms of the registered Will dated
29.05.2017. Needless to observe that the entry made by the
Tahsildar, if no objections are received, will not preclude any
interested person to challenge the entries made in the land
records.
Ordered accordingly.
6. Learned High Court Government Pleader is
permitted to file memo of appearance within a period of four
weeks from today.
Sd/-
(R DEVDAS)
JUDGE
SSD