SRI ASHWATH NARAYANA v. THE ASSISTANT COMMISSIONER
WP/725/2025 · 2025-02-18
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13291 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13291 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7102 WP No. 725 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 725 OF 2025 (KLR-RR/SUR) BETWEEN:
SRI. ASHWATH NARAYANA, S/O MUNISWAMAIAH, AGED ABOUT 57 YEARS, R/A GULIKAMALE VILLAGE, TARALU POST, NEAR SLV NAGARAJ LAYOUT, BENGALURU - 560 116. …PETITIONER (BY SRI. PRAKASH M. PATIL, ADVOCATE FOR SRI. R. HEMANTH RAJ, ADVOCATE) AND:
1.
THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, K.G ROAD, BENGALURU - 560 001.
2.
THE TAHSILDAR, BANGALORE SOUTH TALUK, KANDAYA BHAVANA, K.G. ROAD, BANGALORE - 560 001.
3.
THE PRINCIPAL SECRETARY, DEPARTMENT OF LAND REVENUE, STATE OF KARNATAKA, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE - 560 001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:7102 WP No. 725 of 2025
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ENTER THE NAME OF THE PETITIONER IN REVENUE DOCUMENTS IN RESPECT OF SCHEDULE PROPERTY AND ETC.,
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 petition, the petitioner is seeking a mandamus to consider the petitioner's representations dated 08.07.2024 and 25.09.2024 as per Annexure-F and G and mutate the petitioner's name based on a grant
order.
2. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the records.
3. The petitioner asserts his claim to the title of the land based on a recommendation made by the Land Grant Committee, which subsequently led to the issuance of a Saguvali Chit by the jurisdictional Tahasildar. To
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NC: 2025:KHC:7102 WP No. 725 of 2025 substantiate his claim, the petitioner, who identifies himself as the son of the original grantee, has placed on record a copy of Form No.1, issued by the competent authority. This document, which is available as part of the case records, is presented as evidence of the original grant. Additionally, the petitioner has pointed out that before issuing the Saguvali Chit, the Tahasildar had collected the requisite premium, which is duly documented in Annexures-A and B. The petitioner contends that these documents, in conjunction with the procedural steps undertaken by the revenue authorities, establish the validity of the land grant in favor of the original grantee and, by extension, his claim to inheritance.
4. The Learned Additional Government Advocate (AGA), upon receiving instructions from the concerned authorities, submits that an inquiry will be conducted to ascertain the genuineness of the land grant in question. It is further stated that appropriate action will be initiated to mutate the name of the original grantee in the revenue
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NC: 2025:KHC:7102 WP No. 725 of 2025 records, subject to verification of the legitimacy of the grant order. Upon confirmation of the grant’s authenticity, the necessary steps will be taken to effect the inheritance katha in favor of the legal heirs of the original grantee, in accordance with the prevailing legal provisions and procedural requirements. The revenue authorities have assured that due diligence will be exercised to ensure that the mutation process aligns with the applicable rules governing land grants and inheritance.
5. Recording the assurance given by the learned AGA, this Court passes the following:
ORDER i. The writ petition is allowed; ii. Respondent No.2-Tahasildar, is hereby directed to look into the grant certificate issued in favour of the petitioner's mother and after verifying the records, appropriate orders shall be passed on the represention submitted by the petitioner as per Annexure-F and G;
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NC: 2025:KHC:7102 WP No. 725 of 2025 iii. This exercise shall be accomplished within a period of four months from the date of receipt of
order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 27 CT: BHK