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2025 DAILYLAW 13889 (KAR)

SRI KONEGOWDA B T v. PRINCIPAL SECRETARY

WP/1475/2025 · 2025-01-24

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:3101 WP No. 1475 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1475 OF 2025 (KLR-RES) BETWEEN: SRI KONEGOWDA B T S/O LATE THIRUMALLEGOWDA, AGED ABOUT 72 YEARS, RESIDING AT RAMOHALLI VILLAGE KENGERI HOBLI, BANGALORE SOUTH TALUK, PIN CODE – 560056 …PETITIONER (BY SRI. SURESH K., ADVOCATE) AND: 1. PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA BENGALURU - 560001 2. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT KEMPEGOWDA ROAD, BANGALORE – 560002 3. ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION VISVESVARAYA TOWER, AMBEDKAR VEEDHI BANGALORE – 560001 Digitally signed by B VEENA KUMARI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3101 WP No. 1475 of 2025 4. THASILDAR BANGALORE SOUTH TALUK KEMPEGOWDA ROAD, BANGALORE - 560001 5. DEPUTY TAHSILDAR BANGALORE SOUTH TALUK KEMPEGOWDA ROAD, BANGALORE – 560009 6. REVENUE INSPECTOR KENGERI HOBLI, BANGALORE SOUTH TALUK, KEMPEGOWDA ROAD, BANGALORE - 560002 …RESPONDENTS (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 R-4 TO ENTER THE NAME OF THE PETITIONER IN THE LATEST RTC FOR THE AGRICULTURAL LAND MEASURING TO AN EXTENT OF 1 ACRES IN SY.NO. 43 OF RAMOHALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE E - MAIL DTD. 09.11.2024 VIDE ANNX-A. 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 Learned Additional Government Advocate accepts notice to respondents No.1 to 5. - 3 - NC: 2025:KHC:3101 WP No. 1475 of 2025 2. Captioned petition is filed seeking direction to fourth the respondents to mutate his name to the RTC pertaining to the land measuring one acre in Sy.No.43 of Ramohalli Village, Kengeri Hobli. 3. Heard the learned counsel for the petitioner and learned Additional Government Advocate. 4. Facts leading to the case are as under: The subject land is an agricultural land measuring one acre in Sy.No.43 of Ramohalli Village, Kengeri Hobli, Bengaluru. The petitioner is aggrieved by the inaction on the part of the fourth respondent, in not acting on the grant obtained by the petitioner followed by a grant certificate. 5. The petitioner contends that the authority has not issued an individual grant order specifically in his favor. Instead, a common order was issued, under which multiple grantees were collectively granted rights through an Official Memorandum dated 07.06.2007. The petitioner - 4 - NC: 2025:KHC:3101 WP No. 1475 of 2025 asserts that the names of similarly placed grantees were subsequently mutated based on the said grant order. Furthermore, the petitioner highlights that the issuance of the Sagivali Chit followed the mutation process, thereby affirming the grant in his favor. 6. On closer review of the records, this Court is of the view that the petitioner has the legal right to seek mutation in terms of grant obtained by him which is evident at Annexure –C , followed by the grant certificate/ Saguvali Chit dated 03.07.2009 evidenced at Annexure -E. Therefore, the fourth respondent is obligated to consider these documents and pass appropriate orders. Since the inaction is evident ,it is a fit case where a Mandamus lies. 7. For the foregoing reasons this Court proceeds to pass the following: ORDER (i) Writ petition is allowed. (ii) Respondent No.4 is directed to take cognizance of the grant order in favour of - 5 - NC: 2025:KHC:3101 WP No. 1475 of 2025 the petitioner followed by issuance of grant certificate and pass appropriate order in accordance with law. (iii) This exercise shall be accomplished within a period of three months from the date of receipt of the order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE BVK List No.: 1 Sl No.: 10