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NC: 2025:KHC:11072 WP No. 805 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 805 OF 2025 (KLR-RR/SUR) BETWEEN:
1. SMT.ARASAMMA WIFE OF LATE RAMAIAH RAMANNA, AGED ABOUT 71 YEARS, RESIDING AT NAGANAHALLI VILLAGE, CHOLANAYAKANAHALLI POST, TAVAREKERE HOBLI, BANGALORE SOUTH TALUK, BNAGLORE DISTRICT PIN CODE 562120.
BENEFIT OF SENIOR CITIZEN NOT CLAIMED …PETITIONER (BY SRI. B.S.NATARAJA., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU 560 001.
2.
THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, K.G.ROAD, PIN CODE-560 009
3.
THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB DIVISION, KANDAYA BHAVAN, K.G.ROAD BENGALURU 560 009.
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:11072 WP No. 805 of 2025
4.
THE TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU 560 009 …RESPONDENTS (BY SRI. V.SHIVA REDDY., AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER / ENDORSEMENT AS PER ANNEXURE-G, CASE IN NO. RRT/TH/HC/CR/895/23-24 DATED 06.04.2024 PASSED BY THE 4TH RESPONDENT AND ALTERNATIVELY, ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. The petitioner is aggrieved by the endorsement dated 06.04.2024, by which, the Tahsildar has refused to register the khata in favour of the petitioner on the ground that an enquiry was necessary for contravention of Rule 108.
2. The endorsement itself indicates that an extent of 1 acre of land bearing Sy.No.24 was regularized in favour of the petitioner's husband and a saguvali chit
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NC: 2025:KHC:11072 WP No. 805 of 2025
was also issued in the year 1994. It however appears that, despite the grant and issuance of a saguvali chit, the name of the petitioner's husband has not been entered in the revenue records.
3. On the death of the petitioner's husband, the petitioner has approached the Tahsildar and, the Tahsildar has responded to the impugned endorsement stating that an enquiry for contravention of Rule 108 was necessary.
4.
Learned counsel for the petitioner points out that, in respect of all the similarly placed grantees, who were granted lands under the very same order, khata has been registered in respect of them, but only in respect of the petitioner's husband, the khata has not been registered.
5. It is obvious that, if, under the very same order of grant, if the khata has in fact been registered in the name of the other grantees, the khata would have to
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NC: 2025:KHC:11072 WP No. 805 of 2025
be necessarily registered in the name of the petitioner's husband and, since he is no more, the khata will have to be transferred in the name of the petitioner.
6. Consequently, the impugned endorsement is quashed and the Tahsildar is directed to register the khata in the name of the petitioner's husband and, thereafter, in the name of the petitioner.
7. If all the other grantees under the very same order of grant have been registered as a khatedar, this registration of khata in favour of the petitioner shall not however preclude the Authorities from initiating proceedings for cancellation of the grant for violation of Rule 108.
8. This exercise shall be undertaken and completed within a period of two months from the date of receipt of the copy of this order.
9. This petition is accordingly allowed.
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NC: 2025:KHC:11072 WP No. 805 of 2025
10. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/- (N S SANJAY GOWDA) JUDGE
GSR List No.: 1 Sl No.: 7