- 1 - NC: 2025:KHC:4546 WP No. 2461 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 2461 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. SHANTA BAI BIDAP W/O LATE R.V.BIDAP AGED ABOUT 94 YEARS R/AT NO. 10, 2ND CROSS VASANTH NAGAR BENGALURU - 560 052. REPRESENTED BY ITS G.P.A HOLDER SMT. BHARTI BIDAP UJJANI D/O LATE RACHAPPA V.BIDAP AGED ABOUT 69 YEARS R/AT NO. 10, 2ND CROSS VASANTH NAGAR BENGALURU - 560 052. …PETITIONER (BY SRI BHASKAR Y., ADVOCATE) AND: THE TAHASILDHAR BANGALORE SOUTH SUB - DIVISION KANDAYA BHAVANA 1ST FLOOR BENGALURU - 560 001. …RESPONDENT (BY SMT. B.P.RADHA, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4546 WP No. 2461 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO EFFECT KATHA TRANSFER IN RESPECT OF THE PROPERTY BEARING SY NO. 137 MEASURING 2 ACRE LAND SITUATED AT B.M. KAVAL VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK AS PER ACCEPTED MUTATION M.R.NO. 123/93-94 (ANNEXURE-B) BY VIRTUE OF ORDER IN RP NO. 159/2023 DATED 20/04/2024 (ANNEXURE-E) IN FAVOUR OF THE PETITIONER. 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 captioned petition is filed assailing the inaction on the part of the respondent – Tahsildhar in not implementing the order passed by the Deputy Commissioner (Urban Bangalore) and restoring the petitioner’s name in the RTC pertaining to petitioner’s land in survey No.137 and katha No.192, situated at B.M.Kaval village, Kengeri Hobli, Bengaluru South taluk. 2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate for the respondent. 3. Perusal of the records clearly indicate that the petitioner is the absolute owner of the petition land to an - 3 - NC: 2025:KHC:4546 WP No. 2461 of 2025 extent of 2 acresin survey No.137 and katha No.192, situated at B.M.Kaval village, Kengeri Hobli, Bengaluru South taluk. Out of total extent of 6 acres of land in survey No.137. The petitioner claims that she has purchased the property under a registered sale deed dated 02.04.1993 and accordingly, her name was mutated as M.R.No.123/1993-94 in RTC. 4. The petitioner contends that the revenue authorities, in blatant abuse of their official position and in connivance with one Keshava Murthy, have unlawfully transferred ownership of the petitioner’s land in favor of the said Keshava Murthy. The petitioner, being of advanced age, was allegedly taken advantage of by the revenue officials, who facilitated this transfer without her knowledge or consent. As a result, the RTC was unlawfully mutated under M.R. No. 315/2005-06, dated 14.03.2006, thereby depriving the petitioner of her lawful ownership rights over the property in revenue records. 5. Upon becoming aware of the illegal mutation of the land in favor of Keshava Murthy, the petitioner promptly approached the Deputy Commissioner, seeking redressal of the wrongful act. After due consideration of the grievance, the - 4 - NC: 2025:KHC:4546 WP No. 2461 of 2025 Deputy Commissioner, by way of a reasoned order dated 20.04.2024, in Revision Petition No. 159/2023, allowed the petition and categorically directed the respondent – Tahsildar to rectify the illegality by restoring the petitioner’s name in the RTC. However, despite the explicit direction from the Deputy Commissioner, the respondent – Tahsildar has failed to act in compliance with the said order. The inaction of the respondent – Tahsildar, in deliberate disregard of the lawful directive, has caused undue hardship to the petitioner, who continues to be deprived of his rightful ownership over the land. 6. The learned Additional Government Advocate, upon receiving instructions from the concerned authorities, submits before this Hon’ble Court that the respondent – Tahsildar will take necessary steps to implement the order of the Deputy Commissioner (Urban Bangalore) without further delay. The respondent – Tahsildar has assured that the process of restoring the petitioner’s name in the RTC, as per the order dated 20.04.2024, will be duly executed in accordance with law. - 5 - NC: 2025:KHC:4546 WP No. 2461 of 2025 7. Recording the assurance of the learned Additional Government Advocate, this Court passes the following: ORDER a. The writ petition is allowed. b. The respondent – Tahsildhar is hereby directed to take cognizance of the order of the Deputy Commissioner (Urban Bangalore) and shall restore the petitioner’s name in the RTC, pertaining to survey No.137 and katha No.192, situated at B.M.Kaval village, Kengeri Hobli, Bengaluru South taluk, to the extent of 2 acres of land. c. This exercise shall be accomplished within a period of four weeks from the date of receipt of a copy of the order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NVJ List No.: 1 Sl No.: 10