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2025 DAILYLAW 15303 (KAR)

SMT. LAKSHMAMMA v. STATE OF KARNATAKA

WP/3828/2024 · 2025-06-06

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19407 WP No. 3828 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 3828 OF 2024 (KLR-RR/SUR) BETWEEN: SMT. LAKSHMAMMA, AGED ABOUT 70 YEARS, W/O LATE MARAIAH, R/AT KARAGADA, BELUR TALUK, HASSAN DISTRICT – 573 115. …PETITIONER (BY SMT.AISHWARYA HEGDE M.V., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT, M S BUILDING, BENGALURU – 560 001. 2. DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN – 573 201. 3. DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY DIRECTOR OF LAND RECORDS, HASSAN – 573 201. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19407 WP No. 3828 of 2024 4. THASILDAR BELUR TALUK, BELUR – 573 115, HASSAN DISTRICT. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE ENDORSEMENT DATED 29.06.2022 PASSED BY RESPONDENT NO.4 IN NO. DARAKHASTU 156/2022-23 AS PER ANNEXUER-K AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER This writ petition is filed by the petitioner challenging the endorsement dated 29.06.2022 passed by respondent No.4 (Annexure-K) interalia sought for a direction to respondent to remove the restriction for sale/alienation for a period of 25 years imposed in the revised grant order dated 27.06.2018 (Annexure-E). - 3 - HC-KAR NC: 2025:KHC:19407 WP No. 3828 of 2024 2. Having taken note of the submissions made by the learned counsel for the parties, the respondent-Authorities have originally granted land to an extent of 4 acres in Sy.No.12 of the Honnenahalli Kaval, Belur Taluk, Hassan District as per the saguvali chit dated 06.04.2002. Thereafter, the revenue records were transferred in the name of the petitioner being the grantee of land in question. Thereafter, by conducting phodi by the respondent - authorities, respondent No.3 has revised the grant order as per Annexure-E allotting the land to an extent of 4 acres 5 guntas in Sy.No.21/2 in lieu of the grant made as per (Annexure-B) to the writ petition. 3. In that view of the matter since the original grant has been made on 06.04.2002 as per Annexure-B, the imposition of condition as per the endorsement dated 29.06.2022 (Annexure-K) that the petitioner herein is restrained from alienating the land in question for more than 15 years is unjustified taking into account that the original grant has been made as per Annexure-B during 2006. Hence, the following: - 4 - HC-KAR NC: 2025:KHC:19407 WP No. 3828 of 2024 ORDER i. Writ petition is allowed. ii. The endorsement dated 29.06.2022 passed by respondent No.4 as per Annexure-K is hereby set aside. SD/- (E.S.INDIRESH) JUDGE RKA List No.: 1 Sl No.: 57