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2025 DAILYLAW 14108 (KAR)

B JAYAMMA v. STATE OF KARNATAKA

WP/1887/2025 · 2025-02-05

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:5186 WP No. 1887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 1887 OF 2025 (KLR-RR/SUR) BETWEEN: B JAYAMMA D/O LATE B BABU RAO AGED ABOUT 70 YEARS, RES/AT NO.388, BETTAHALASURU CROSS BANGALORE-562157 …PETITIONER (BY SRI. KRISHNAMOORTHY D, ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, BANGALORE-560001 REP BY ITS SECRETARY 2. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION D C COMPOUND, BANGALORE-560009 3. THE TAHASILDAR YELAHANKA TALUK, YELAHANKA, BANGALORE-560064 4. THE ASSISTANT DIRECTOR OF LAND RECORDS YELAHANKA TALUK, YELAHANKA, BANGALORE-560064 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5186 WP No. 1887 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING FOR DIRECTION TO THE R3 TO CONSIDER THE APPLICATION/REPRESENTATION DATED 12-07-2024 PRODUCED AT ANNEXURE-D IN A STIPULATED TIME IN THE INTEREST OF JUSTICE AND EQUITY. 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 This captioned petition is filed seeking direction against 3rd respondent to consider petitioner's representation dated 12.07.2024 as per Annexure-D and rectify the village name indicated in the grant certificate. 2. The petitioner has sought the regularization of unauthorized occupancy concerning land in Survey No. 33, which spans a total area of 30 guntas. The petitioner contends that although this land is geographically situated within the boundaries of Sonnappanahalli village, an error occurred during the issuance of the grant certificate, where the land was incorrectly recorded as being a part of Kadiganahalli village under Survey No. 33. In an effort to rectify this discrepancy, the petitioner submitted an - 3 - NC: 2025:KHC:5186 WP No. 1887 of 2025 application before the appropriate survey authorities, seeking a correction in the village name mentioned in the grant certificate. 3. Upon considering the petitioner’s request, the Assistant Director of Land Records conducted a detailed spot inspection and, after due verification, arrived at the conclusion that the land granted to the petitioner indeed forms a part of Survey No. 1, rather than Survey No. 33. This official finding was recorded in an order dated 17.08.2023. The petitioner, relying on this official report prepared by the Assistant Director of Land Records, has approached the authorities seeking a formal correction of the village name in the grant certificate, ensuring that the grant reflects the actual geographical location of the land. The learned Additional Government Advocate, representing the State, has submitted that the rectification sought by the petitioner falls within the purview of the revenue authorities. Given the nature of the requested correction, it necessitates an enquiry and formal - 4 - NC: 2025:KHC:5186 WP No. 1887 of 2025 verification by the competent revenue officers. Accordingly, the learned Additional Government Advocate has requested time for conducting an enquiry into the matter and for passing appropriate orders on the petitioner’s representation dated 12.07.2024. 4. The records available in this case clearly establish that the land grant has been made in favor of the petitioner. Therefore, if any errors, anomalies, or discrepancies exist concerning the village name or survey number in the grant certificate, it is the bounden duty of the revenue authorities to undertake the necessary corrections. The petitioner has substantiated her claim that the land granted to her forms a part of Sonnappanahalli village under Survey No. 1 by relying on the report issued by the Assistant Director of Land Records. Given the significance of this report, it is incumbent upon the Assistant Commissioner to thoroughly examine the findings therein and take appropriate steps to verify whether the petitioner is entitled to have the village - 5 - NC: 2025:KHC:5186 WP No. 1887 of 2025 name rectified in the grant certificate. Such rectification would ensure that the grant certificate accurately reflects the actual geographical details of the land in question. 5. In the light of assurance given by learned Additional Government Advocate that the petitioner's grievance would be addressed effectively by taking note of the all relevant documents, this Court passes the following: ORDER i. Writ petition is allowed. ii. Respondent No.2 - Assistant Commissioner is hereby directed to look into all the relevant records, more particularly the order passed by the Assistant Director of Land Reforms, which is evidenced at Annexure-B and pass appropriate orders on the representation dated 12.07.2024 tendered by the petitioner. - 6 - NC: 2025:KHC:5186 WP No. 1887 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 RR List No.: 1 Sl No.: 27