Karnataka HC Leaves Land Mutation Based on Registered Deeds Intact, Says Deceased Man’s Heirs May Prove Their Rights in Civil Court

The petitioners challenged the Special Deputy Commissioner’s order dated 3 July 2026 and the Special Tahsildar’s order dated 25 July 2023 concerning mutation entries in favour of private respondents.

The Assistant Commissioner had earlier passed an order dated 25 November 2024 in the petitioners’ favour.

The petitioners contended that the impugned orders had been passed against a deceased person.

The private respondents maintained that the mutation was based on a registered sale deed dated 3 August 2022 and a registered Confirmation Deed dated 11 August 2022.

The Court applied Section 128 of the Karnataka Land Revenue Act, 1964, observing that the mutation had been effected in terms of that provision on the basis of registered documents.

It further held that the petitioners remained at liberty to establish their rights over the property before the competent Civil Court in accordance with law.

No judicial precedent was cited.

The Court noted that the mutation in favour of the private respondents rested on the registered sale deed and Confirmation Deed and had been effected under Section 128.

Even assuming that the Special Deputy Commissioner’s order was passed against a deceased person, the underlying mutation was based on those registered documents.

The Court therefore left the petitioners to pursue their property-rights claim before the competent Civil Court and found no basis to interfere in the writ petition.

It preserved the petitioners’ liberty to establish their rights over the property before the competent Civil Court in accordance with law.