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2025 DAILYLAW 15517 (KAR)

SMT. SOWBHAGYA v. THE STATE OF KARNATAKA

WP/3279/2025 · 2025-04-03

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:14311 WP No. 3279 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3279 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SOWBHAGYA, AGED ABOUT 51 YEARS, W/O. LATE NAGARAJ, 2. SMT. MANJULA AGED ABOUT 41 YEARS, W/O. LATE NAGARAJ, 3. SRI. YESHWANTH. M. N. AGED ABOUT 32 YEARS, S/O. LATE NAGARAJ, 4. SRI. AJAY. N AGED ABOUT 31 YEARS, S/O. LATE NAGARAJ, NO.1 TO 4 ARE RESIDING AT "DHARANI NILAYA", SAROJ SILVER OAK LAYOUT, LINGAPURA ROAD, LINGAPURA VILLAGE, MALUR TALUK, KOLAR DISTRICT-563 130. …PETITIONERS (BY SRI. K. RAVI SHANKAR BHAT, ADVOCATE FOR SRI.RAMA BHAT K.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS UNDER SECRETARY TO GOVT., REVENUE DEPARTMENT, AMBEDKAR VEEDHI, VIDHANA SOUDHA, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:14311 WP No. 3279 of 2025 BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER MINI VIKAS SOUDHA, KOLAR DISTRICT, KOLAR-563 101. 3. THE TAHSILDAR MALUR TALUK, KOLAR DISTRICT-563 130. …RESPONDENTS (BY SRI. V. SHIVA REDDY, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATION DTD. 20.12.2024 MADE BY THE PETITIONERS AS PER ANNX-A AND B RESPECTIVELY AND THEREBY DIRECT THE R-2 AND 3 TO ENTER THE NAMES OF THE PETITIONERS IN THE REVENUE RECORDS PERTAINING TO THE SCHEDULE PROPERTY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. On 10.10.2014, the Deputy Commissioner in exercise of his powers under Section 25 of the Karnataka Land Revenue Act set aside an order of mutation bearing M.R.No.2/1990-91. As a consequence, R.Nagaraj preferred W.P.No.48810-813/2014 and W.P.No.48814-816/2014 before this Court. - 3 - NC: 2025:KHC:14311 WP No. 3279 of 2025 2. This Court by an order dated 10.08.2017 allowed the Writ Petition and set aside the order of the Deputy Commissioner. This Court also directed that the entries in the revenue records should stand restored in the name of R.Nagaraj. 3. The State being aggrieved preferred an Appeal in W.A.No.2239/2018. However, the Division Bench of this Court by an order dated 11.04.2022 dismissed the Writ Appeal. Being aggrieved by this order of the Division Bench, the State carried the matter to the Supreme Court in S.L.P. Diary No.50702/2024. 4. Learned counsel appearing for the petitioners as well as learned AGA places on record the copy of the order dated 29.11.2024, by which the SLP filed by the State has been dismissed. 5. It is therefore clear that the direction issued by the learned Single Judge of this Court for restoring the name of R.Nagaraj in the revenue records has - 4 - NC: 2025:KHC:14311 WP No. 3279 of 2025 become final. However, it is the case of the petitioners that despite giving representations to the Authorities, his name has not been restored in the revenue records. 6. It is the further case of the petitioners that they are the legal representatives of R.Nagaraj and, despite them giving a representation, that by virtue of the dismissal of the Writ Appeal, the names of the legal representatives of R.Nagaraj are required to be entered has remained unconsidered and, as a consequence, they are before this Court. 7. In the light of the fact that there was a specific direction by this Court in W.P.No.48810-813/2014 to restore the name of R.Nagaraj in the revenue records and this order has been confirmed both by the Division Bench and by the Supreme Court, it is obvious that the Revenue Authorities would have to forthwith restore the name as ordered. However, since it is admitted that R.Nagaraj is no more, the - 5 - NC: 2025:KHC:14311 WP No. 3279 of 2025 Revenue Authorities shall take immediate steps to enter the name of the legal representatives of R.Nagaraj in the revenue records. 8. This exercise shall be undertaken and completed within a period of two months from the date of receipt of the copy of this. 9. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 11