IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28^TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 1429 OF 2022 (KLR-RES)

BETWEEN:

SMT SHAILAJA P ALVA W/O PRABHAKARA ALVA, AGED 63 YEARS, R/AT NITHYANANDA NAGARA, BELMA VILLAE, MANGALURU TALUK, D.K.DISTRICT -574199.

…PETITIONER (BY SRI. RAVISHANKAR SHASTRY G., ADVOCATE)

AND:

1. DEPUTY COMMISSIONER DAKSHINA KANNADA DISTRICT, MANGALURU D.K.-575001.

Digitally signed by JUANITA

2. ASSISTANT COMMISSIONER THEJESWINI MANGALURU SUB DIVISION Location: HIGH COURT OF MANGALURU, D.K.DISTRICT-575001.

KARNATAKA

3. THASILDAR MANGALURU TALUK D.K.DISTRICT-575001.

4. SMT.VALSAMMA N S W/O A.H.NIZZAM AGED 64 YEARS, R/AT NAKAMATTATHIL HOUSE, PAYANA POST, EDOOR INDI VIAL KANNUR DISTRICT, KERALA STATE-670 307.

5. DEVAKI RAI W/O LATE VISHWANATHA RAI, AGED 94 YEARS, 6. RAMESHA RAI S/O LATE VISHWANATHA RAI AGED 75 YEAS, 7. SURESHA RAI S/O LATE VISHWANATHA RAI AGED 66 YEARS, RESPONDENTS NO.5 TO 7 ARE ALL R/AT BELMA VILLAGE, DERALAKATTE, MANGALURU TALUK, D.K.DISTRICT PIN-574199.

8. SHAKUNATHALA RAI W/O SATHYAPAL RAI AGED 68 YEARS, 9. SHUKLA RAI S/O SATHYAPAL RAI AGED 49 YEARS, 10. SWATHI RAI D/O SATYAPAL RAI AGED 44 YEARS, 11. SHRAVANA RAI S/O SATHYAPAL RAI AGED 43 YEARS, RESPONDENTS NO. 8 TO 11 ARE ALL R/AT BELMA VILLAGE, DERALAKATTE, MANGALURU TALUK, D.K.DISTRICT PIN-574199.

12. SHOBHA RAI W/O PRAKASH SHETTY AGED 60 YEARS, 13. VISHWARAJ SHETTY S/O PRAKASH SHETTY AGED 35 YEARS, 14. RAJESHWARI SHETTY D/O PRAKASH SHETTY AGED 30 YEARS, RESPONDENTS NO. 11 TO 14 ARE ALL R/AT BELMA VILLAGE, DERALAKATTE, MANGALURU TALUK, D.K.DISTRICT PIN-574199.

…RESPONDENTS (BY SRI. SESHU.V., HCGP FOR R1 TO R3 SRI. K.CHANDRANATH ARIGA., ADVOCATE FOR SRI. RAKESH KINI., ADVOCATE FOR R4 R12 SERVED – UNREPRESENTED V/O/D.20.01.2026, NOTICE TO R7, R9, R11, R13 & R4 D/W)

THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ORDER DATED 26.10.2021 PASSED BY THE DEPUTY COMMISIONER, DAKSHINA KANNADA DISTRICT, MANGALURU CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-A AND QUASHING THE ORDER DATED 10.03.2015 ASSISTANT COMMISSIONER, MANGALURU SUB DIVISION, MANGALURU CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURE-B AND ETC.

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

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

The petitioner is before this Court aggrieved of the impugned order dated 10.03.2015, passed by the Assistant Commissioner, Mangaluru Sub-Division, Mangaluru at Annexure-B and the impugned order dated 26.10.2021, passed by the Deputy Commissioner, Dakshina Kannada District, at Annexure-A.

2. Facts briefly stated are that one Smt.Devaki and others acquired 42 cents of land in Survey No.69/2 of Belma Village, Mangaluru Taluk, Dakshin Kannada District in a family partition that took place in the year 1963. In the year 1987, Smt.Devaki and others sold 10 cents of land in favour of respondent No.4 under a registered sale deed dated 09.07.1987. The petitioner herein purchased 10 cents of land in Survey No.69/2 from Smt.Devaki and others under a registered sale dated 31.03.1997. Thereafter, the name of the petitioner was entered in the revenue records in terms of mutation order bearing M.R.No.7/1997-98. The 4^th respondent filed an appeal before the Assistant Commissioner, in RRT/SR/110/2007- 2008, calling in question the mutation entry made in favour of the petitioner in terms of M.R.No.7/1997-1998.

The Assistant Commissioner after hearing the 4^th respondent and petitioner, passed the impugned order canceling the mutation entry in M.R.No.7/1997-98 dated 30.06.1997, while further directing the respondent- Tahsildar to enter the name of the 4^th respondent in the revenue records pursuant to the registered sale deed dated 09.07.1987. The petitioner filed a revision petition before the Deputy Commissioner invoking Section 136(3) the Karnataka Land Revenue Act, 1964 (hereinafter referred to as ‘the Act’, for short) and the Deputy Commissioner dism