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2025 DAILYLAW 12975 (KAR)

SRI. NARAYANA MURTHY, v. THE TAHSILDAR

WP/129/2025 · 2025-01-21

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:2546 WP No. 129 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.129 OF 2025 (KLR-RES) BETWEEN: SRI.NARAYANA MURTHY S/O SRI. PAPANNA AGED ABOUT 74 YEARS RESIDING AT HUNGENAHALLI VILLAGE KASABA HOBLI MALUR - 563 130 (NOT CLAIMING THE BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY SRI.B.C.AVINASH, ADVOCATE) AND: THE TAHSILDAR MALUR TALUK KOLAR - 563 101 …RESPONDENT (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS DATED 12.05.2015 AND 08.10.2019 VIDE ANNX-F AND K AND ETC. Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2546 WP No. 129 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned writ petition, the petitioner is seeking direction against the respondent - Tahasildar to execute the change of katha by taking cognizance of the grant made in favour of the petitioner. 2. Heard learned counsel for the petitioner and learned AGA. 3. Facts leading to the case are as under; The subject matter of the petition is an agricultural land bearing Sy. No.28 measuring 4 acres situated at Hangenahalli Village, Kasaba Hobli, Malur Taluk, Kolar District. The petitioner asserts that he purchased the petition property through auction and Grant Certificate is accordingly issued. The petitioner further asserts that pursuant to the grant made by the Authorities, the Grant Certificate in Form No.1 is issued and sketch is prepared in - 3 - NC: 2025:KHC:2546 WP No. 129 of 2025 that regard. The petitioner to substantiate that there is a valid grant, all requisite documents are produced before this Court evidenced at Annexures-A, B, C, D and E. 4. Learned counsel for the petitioner has apprised this Court that similar grantees, under a common order, had submitted applications to the respondent - Tahsildar, seeking mutation of their names based on the Grant Certificate. Acting upon these applications, the Tahsildar had duly effected the mutations in respect of the granted land. 5. Upon review of the relevant documents, this Court is of the considered opinion that the petitioner, by virtue of the Grant Certificate, possesses a legal right to seek appropriate directions from this Court. The petitioner is entitled to equitable treatment, especially since the Authorities have already acted upon similar applications by other grantees. The respondent - Tahsildar, having received the petitioner’s application along with the requisite documents, is duty-bound to consider the - 4 - NC: 2025:KHC:2546 WP No. 129 of 2025 representations and issue appropriate orders to effect the necessary changes. The inaction of the respondent - Tahsildar warrants judicial intervention, making this a fit case for the issuance of a writ of mandamus. At this stage, the respondent - Tahsildar cannot dispute the petitioner’s possession, particularly when such possession aligns with the sketch prepared by the Authorities before issuing the Grant Certificate. 6. Therefore, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) The respondent – Tahasildar is hereby directed to consider the representations dated 12.05.2015 and 08.10.2019 evidenced at Annexures-F and K and pass orders forthwith by taking cognizance of the documents evidenced at Annexures-A, B, C, D and E. - 5 - NC: 2025:KHC:2546 WP No. 129 of 2025 (iii) This exercise shall be accomplished within a period of two months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 33