Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 15818 (KAR)

SMT. SHOBHA, v. THE STATE OF KARNATAKA

WP/3022/2025 · 2025-02-12

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6405 WP No. 3022 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3022 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SHOBHA, WIFE OF LATE RAMAKRISHNA AGED ABOUT 48 YEARS 2. SMT. GAYATHRI. D. R. D/O LATE RAMAKRISHNA, AGED ABOUT 43 YEARS 3. SMT. SHRUTHI. D. R. D/O LATE RAMAKRISHNA, AGED ABOUT 41 YEARS 4. SMT. SHWETHA D. R. D/O LATE RAMAKRISHNA, AGED ABOUT 35 YEARS 5. D. R. ARCHANA D/O LATE RAMAKRISHNA, AGED ABOUT 32 YEARS, 6. SRI. MAHESH YADAV SON OF LATE RAMAKRISHNA, AGED ABOUT 29 YEARS ALL ARE RESIDING AT NO. 15, NANDAGOKULA NILAYA, DEVASANDRA, K.R. PURAM, BENGALURU-560 036. …PETITIONERS (BY SRI. VENUGOPAL M S., ADVOCATE) Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6405 WP No. 3022 of 2025 AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, VIKASA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, DISTRICT OFFICES COMPLEX, BEERASANDRA, DEVANAHALLI-562 110. 3. THE TASHILDAR HOSAKOTE TALUK, HOSAKOTE-562 114, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO EFFECT MUTATION OF THE RECORDS OF RIGHTS IN THE NAME OF PETITIONERS IN RESPECT OF THE LANDS IN SY.NO. 217 MEASURING 5.16 ACRE, SY.NO. 138 MEASURING 9.16 ACRE, SY.NO. 213 MEASURING 11.11 ACRE AND SY.NO. 214 MEASURING 14.30 ACRE SITUATED AT NANDAGUDI VILLAGE, NANDAGUDI HOBLI BY CONSIDERING THE REPRESENTATION DTD. 26.12.2024 AND 27.01.2025 VIDE ANNX-K AND L. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:6405 WP No. 3022 of 2025 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking mandamus against respondents No.2 and 3 to effect inheritance khata over the petition lands. 2. This Court, in its order dated 05.02.2025, directed the learned High Court Government Pleader to secure an explanation from the third respondent, the Tahasildar. In response, the third respondent Tahasildar has filed an affidavit offering an explanation. However, upon careful consideration, this Court finds the explanation provided by the Tahasildar to be unsatisfactory and declines to accept it. The Court observes that the Tahasildar, being a key revenue authority, has a crucial responsibility to act in strict compliance with judgments rendered by the civil courts, particularly where matters of inheritance and property rights are concerned. The failure to implement or adhere to such judgments not only undermines the - 4 - NC: 2025:KHC:6405 WP No. 3022 of 2025 authority of the court but also causes unnecessary delay and hardship to the parties concerned. 3. Nonetheless, the learned High Court Government Pleader has assured this Court that the third respondent Tahasildar will, henceforth, take proper cognizance of the judgment delivered by the Hon'ble Apex Court in Civil Appeal No. 14275/2024. In accordance with this assurance, the Tahasildar is expected to promptly implement the inheritance khata in favor of the petitioners. This shall be done by recognizing the death certificate and survival certificate furnished by the petitioners, and all necessary administrative actions shall be taken to give effect to the judgment, in the spirit of upholding the civil court's decision. The revenue authorities are hereby reminded of their constitutional and legal obligation to act in accordance with the directives issued by the courts, ensuring that the rule of law prevails and the rights of the petitioners are duly recognized and protected. - 5 - NC: 2025:KHC:6405 WP No. 3022 of 2025 4. This Court deems it fit to issue certain directions to respondent No.3 Tahasildar. 5. For the foregoing reasons this Court passes the following: ORDER (i) The Writ Petition is allowed. (ii) Respondent No.3 is directed to effect inheritance khata by taking cognizance of the judgment rendered by the Hon'ble Apex Court cited supra. (iii) This exercise shall be accomplished within a period of four weeks from the date of receipt of copy of the order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BVK List No.: 1 Sl No.: 32