SANGANNA @ SANGAPPA AND ANR v. THE STATE OF KARNATAKA AND ORS
WP/203775/2024 · 2025-03-22
Anant Ramanath Hegde
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12196 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12196 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-K:1863 WP No. 203775 of 2024
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 203775 OF 2024 (KLR-RR/SUR) BETWEEN:
1.
SRI. SANGANNA @ SANGAPPA S/O HANAMANTHAPPA, AGED ABOUT 30 YEARS, OCC: AGRICULTURE,
2.
SRI MANIK @ MANIKAPPA S/O RAMANNA, AGED ABOUT 29 YEARS, OCC: AGRICULTURE,
BOTH ARE R/O: CHITTA VILLAGE, TQ: AND DIST: BIDAR – 585 403. …PETITIONERS
(BY SRI ARUNKUMAR AMARGUNDAPPA, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, 3RD GATE 5TH FLOOR, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BANGLAURU – 560 001.
REPRESENTED BY PRINCIPAL SECRETARY.
2.
THE DEPUTY COMMISSIONER,
Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-K:1863 WP No. 203775 of 2024
BIDAR, DIST BIDAR – 585 401.
3.
THE ASSISTANT COMMISSIONER BIDAR, DIST: BIDAR – 585 401.
4.
THE TAHASILDAR BIDAR, DIST: BIDAR – 585 401.
…RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, A.G.A.)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH THE IMPUGNED ENDORSEMENT/S BEARING E-FILE NO.29/16/2023 IND/436 AND E-FILE NO.29/8/2023 IND/464 DATED 09.09.2024 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-F AND F1 AND ETC.
THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
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NC: 2025:KHC-K:1863 WP No. 203775 of 2024
ORAL ORDER (PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)
Heard the learned counsel appearing for the petitioners and the learned Government Advocate appearing for the respondents.
2. Petition is filed to quash the endorsement dated 09.09.2024 issued by 4th respondent – Tahsildar,, Bidar. The endorsements are marked at Annexures F and F1.
3. From the said endorsements it is noticed that the Tahsildar, Bidar has refused to delete the name of the Government appearing in Col.No.6 of properties bearing Sy.No.15/2 measuring 2 acres 19 guntas and Sy.No.15/2 measuring 3 acres 21 guntas in Chitta Village, Bidar Taluk.
4. Learned counsel appearing for the petitioner would submit that the aforementioned properties are not the Government properties and petitioner is the owner of the said properties and he has produced the Record of Right of the said properties from 1979 onwards and submits that in column No.6 there was no entry mentioned in the name of the Government
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NC: 2025:KHC-K:1863 WP No. 203775 of 2024
earlier to 2023-24. The said entry came for the first time in Record of Rights vide Annexure – C in 2023-24. Hence, petitioner would submit that the said entry is without any notice to the petitioner and without any basis. Learned counsel further submits that Tahsildar is not justified in making the entry and would submit that he has to make corrections.
5. Learned Government Advocate would submit that the Tahsildar is justified in issuing the impugned endorsements stating that the Tahasildar has no authority to remove such entries and the petitioner has to approach the Assistant Commissioner.
6. Admittedly, Column No.6 did not reveal the name of the State as “Sarkari” prior to 2022-23. It is entered for the first time in the year 2013-14. Hence the following:
ORDER (i) The Writ petition is allowed. (ii) The entry in Col.No.6 of the aforementioned RTC bearing Sy.Nos.15/2 and 15/2/3 of Chitta Village, Bidar Taluk is ordered to be deleted.
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NC: 2025:KHC-K:1863 WP No. 203775 of 2024
(iii) Tahsildar shall delete the said entry within two weeks from the date of receipt of copy of this order.
Sd/- (ANANT RAMANATH HEGDE) JUDGE
BRN List No.: 2 Sl No.: 40