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2025 DAILYLAW 15098 (KAR)

SMT.ANUSUYAMMA v. STATE OF KARNATAKA

WP/2238/2025 · 2025-02-01

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:4756 WP No. 2238 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2238 OF 2025 (KLR-RES) BETWEEN: 1. SMT. ANUSUYAMMA W/O LATE J.C. MUNEGOWDA AGED ABOUT 62 YEARS R/AT NO. 140 14TH CROSS TELECOM LAYOUT PENN FIELD GARDENS SRIRAMPURA YELAHANKA, BANGALORE-64. …PETITIONER (BY SRI. CHOKKAREDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA UNDER SECRETARY REVENUE DEPARTMENT M.S. BUILDING AMBEDKAR VEEDHI BANGALORE-560 001. 2. ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION KANDHAYA BHAVAN 1ST FLOOR K.G. ROAD BANGALORE -560 009. 3. TAHSILDAR YELAHANKA TALUK, YELAHANKA Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4756 WP No. 2238 of 2025 (EARLIER BANGALORE NORTH ADDITIONAL TALUK) YELAHANKA-560 064. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS TO THE R-3 FOR CONSIDER REPRESENTATIONS FILED BY THE PETITIONER ON 04.09.2024, 06.09.2024 AND 03.10.2024 AS ANNEXURE-A, A1 AND A2 TO IMPLEMENT THE ORDER OF THE R-2 IN RA(BNA).527/2014-15, DATED 18.03.2016 AS ANNEXURE-C, TO REDUCE THE EXTENT FROM 19 GUNTAS TO 9 GUNTAS IN RTC IN COLUMN NO. 9, IN RESPECT OF SY.NO. 76/5A, SITUATED AT JAKKUR VILLAGE, YELAHANKA HOBLI, YELAHANKA TALUK, BY ALLOWING THE WRIT PETITION. 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 The petitioner has approached this Court being aggrieved by the inaction of respondent No.3, the Tahsildar, despite a clear and specific direction issued by respondent No.2, the Assistant Commissioner. The order, as evidenced in Annexure-C, demonstrates that - 3 - NC: 2025:KHC:4756 WP No. 2238 of 2025 the Assistant Commissioner, upon a detailed examination and verification of the revenue records, has categorically directed the Tahsildar to rectify the erroneous entry concerning the land extent held by the petitioner in Survey No.76/5A. However, despite the explicit instructions from the superior revenue authority, the Tahsildar has failed to act upon the directive, thereby compelling the petitioner to seek judicial intervention. 2. The petitioner submits that he is the rightful owner of only 9 guntas of land in Survey No.76/5A, whereas the revenue records erroneously reflect his holding as 19 guntas. Recognizing this discrepancy, the Assistant Commissioner, through a well-reasoned order dated 18.03.2016 (Annexure-C), directed the Tahsildar to carry out the necessary rectification in the Record of Rights, Tenancy to reflect the correct extent of land. However, despite this authoritative directive, - 4 - NC: 2025:KHC:4756 WP No. 2238 of 2025 the Tahsildar has remained inactive, failing to discharge his statutory duty. The continued inaction of respondent No.3 not only results in an incorrect revenue entry persisting but also causes undue hardship to the petitioner. In such circumstances, a writ of mandamus is warranted to ensure compliance with the lawful direction already issued by the Assistant Commissioner. 3. Hence, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.3, the Tahsildar, is hereby directed to implement the order passed by respondent No.2, the Assistant Commissioner, as per Annexure-C, dated 18.03.2016. Accordingly, the erroneous entry in the revenue records concerning Survey No.76/5A shall be corrected to - 5 - NC: 2025:KHC:4756 WP No. 2238 of 2025 reflect the actual extent of land held by the petitioner as 9 guntas instead of 19 guntas. (iii) The Tahsildar shall ensure that the rectification process is duly completed within a period of six weeks from the date of receipt of a certified copy of this order. Any failure to comply within the stipulated timeframe may attract appropriate consequences in accordance with law. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 62