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2025 DAILYLAW 12806 (KAR)

SRI. NAGARAJU v. THE STATE OF KARNATAKA

WP/1262/2024 · 2025-01-30

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:4314 WP No. 1262 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1262 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. NAGARAJU S/O LATE GANGAIAH AGED ABOUT 55 YEARS R/AT KEMPANAHALLI VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT - 572 130 …PETITIONER (BY SRI. SHIVASHANKARA Y D., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING, BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR - 572101 Digitally signed by LAKSHMINARAYANA MURTHY RAJASHRI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:4314 WP No. 1262 of 2024 3. THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION TUMKUR - 572 101 4. THE TAHSILDAR KUNIGAL TALUK KUNIGAL - 572 130 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R3 AND 4 TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DTD 10.05.2017 AS PER ANNEXURE-G FOR RESTORING THE NAME OF PETITIONER FATHER GANGAIAH S/O BORAIAH ALIAS GANTIGAIAH IN THE RTC COLUMN NO.9 AND 12 AS A KHATEDAR AND ANUBHAVADAR IN RESPECT OF OLD SY.NO.48, NEW SY.NO.209, MEASURING 4.00 ACRES INCLUDING 1.00 ACRE KHARAB OF HUTHRIDURGA VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK AS PER M.R.NO.5/1984-85. THIS PETITION, COMING ON FOR PRELIMINARY HEARING - 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4314 WP No. 1262 of 2024 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking direction to respondent Nos.3 and 4 to consider the petitioner's representation dated 10.05.2017, where request is made to restore the petitioner's father name in RTC pertaining to the land in respect of old Sy.No.48, new Sy.No.209 totally measuring 4.00 acres including 1.00 acre Kharab of Huthridurga Village, Huthridurga Hobli, Kunigal Taluk. 2. The petitioner in the captioned petition is aggrieved by the inaction on the part of Revenue Authority, in not effecting changes in Katha, though petitioner's father has acquired title pursuant to the sale deed in respect of the petitioner's land in 31.03.1984. 3. Learned High Court Government Pleader Sri.Manjunath K., at this juncture, on instruction assure this Court that the petitioner's request will be considered in terms of the Government Order dated 31.05.2024 and the names will - 4 - NC: 2025:KHC:4314 WP No. 1262 of 2024 be mutated in the RTC taking cognizance of the sale deed obtained by the petitioner's father. However, the learned HCGP submits that the Authority needs three months time to accomplish this task. 4. Recording the assurance made by the learned HCGP, this Court passes the following: ORDER i). The writ petition is allowed; ii). Respondent Nos.3 and 4 are hereby directed to certify mutation acknowledging conveyance and accordingly enter petitioner's father in the RTC by taking cognizance of the sale deed dated 31.03.1984; and iii). This exercise shall be accomplished within a period of three months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE KG List No.: 1 Sl No.: 9