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2025 DAILYLAW 16776 (KAR)

SRI. RADHAKRISHNA REDDY v. THE STATE OF KARNATAKA

WP/5448/2024 · 2025-07-04

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24057 WP NO.5448 OF 2024 C/W WP NO.4532 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.5448 OF 2024 (KLR-RES) C/W WRIT PETITION NO.4532 OF 2024 IN WP NO.5448/2024 BETWEEN: SRI. RADHAKRISHNA REDDY S/O MUNIREDDY, AGED ABOUT 49 YEARS, R/AT NILAGIRI VILLAGE, KYSAMBALLI HOBLI, K.G.F. TALUK, KOLAR DISTRICT - 563 113. …PETITIONER (BY SRI. SHANTAKUMAR K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560001. 2. THE DEUPTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563101. 3. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR - 563101. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24057 WP NO.5448 OF 2024 C/W WP NO.4532 OF 2024 4. THE TAHASILDAR, K.G.F. TALUK, K.G.F., KOLAR DISTRICT- 563 113. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 28TH NOVEMBER, 2023 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-P INSOFAR AS THE PETITIONER IS CONCERNED; DIRECT THE RESPONDENTS 3 AND 4 TO ENTER THE NAME OF THE PETITIONER IN THE COMPUTERISED RTC IN RESPECT OF LAND BEARING SURVEY NO.45 MEASURING TO AN EXTENT OF 4 ACRE 32 GUNTAS SITUATED AT NILIGIRI VILLAGE, K.G.F. TALUK; AND ETC. IN WP NO.4532/2024 BETWEEN: SRI. NARAYANA REDDY S/O MUNI REDDY AGED ABOUT 50 YEARS, R/AT NILAGIRI VILLAGE, KYASAMBALLI HOBLI, K.G.F. TALUK, KOLAR DISTRICT - 563 113. …PETITIONER (BY SRI. SHANTAKUMAR K.C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REP. BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, AMBEDKAR VEEDHI, BENGALURU - 560 001. - 3 - HC-KAR NC: 2025:KHC:24057 WP NO.5448 OF 2024 C/W WP NO.4532 OF 2024 2. THE DEUPTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. 3. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, KOLAR - 563 101. 4. THE TAHASILDAR, K.G.F. TALUK, K.G.F., KOLAR DISTRICT - 563 113 …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 28TH NOVEMBER, 2023 ISSUED BY THE RESPONDENT NO.4 VIDE ANNEXURE-Q INSOFAR AS THE PETITIONER IS CONCERNED; DIRECT THE RESPONDENTS 3 AND 4 TO ENTER THE NAME OF THE PETITIONER IN THE COMPUTERISED RTC IN RESPECT OF LAND BEARING SURVEY NO.45 MEASURING TO AN EXTENT OF 4 ACRE 32 GUNTAS SITUATED AT NILIGIRI VILLAGE, K.G.F. TALUK; AND ETC. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In these writ petitions, petitioners are assailing the endorsement dated 28th November, 2023 issued by the respondent No.4-Tahsildar, wherein the claim made by the - 4 - HC-KAR NC: 2025:KHC:24057 WP NO.5448 OF 2024 C/W WP NO.4532 OF 2024 petitioners for transfer of Khata in their favour in respect of the land in question came to be rejected. 2. Heard Sri. Shantakumar K.C., learned counsel appearing for the petitioners and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents. 3. Sri. Shantakumar K.C., learned counsel appearing for petitioners, by referring to the grant certificate and saguvali chit issued in favour of petitioners submitted that the impugned endorsement issued by the respondent No.4-Tahsildar, rejecting the claim made by the petitioner is required to be set- aside. 4. Per contra, Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents submitted that the writ petition is not maintainable against the impugned endorsement issued by the respondent No.4-Tahisldar. Learned Additional Government Advocate further argued that, appeal in Case No.R.A./202/2024 was registered before the respondent No.3-Assistant Commissioner, Kolar Sub-Division, Kolar under Section 136(2) of the Karnataka Land Revenue Act, - 5 - HC-KAR NC: 2025:KHC:24057 WP NO.5448 OF 2024 C/W WP NO.4532 OF 2024 1964 against the petitioners herein in respect of the land in question. 5. In that view of the matter, I am of the view that the writ petition is not maintainable. Accordingly, petitioners are relegated to approach the respondent No.3-Assistant Commissioner, Kolar Sub-Division, Kolar in Case No.R.A./202/2024. The respondent No.3 is directed to expedite the hearing and dispose of the appeal at the earliest. With this observation, writ petitions stand disposed of. SD/- (E.S.INDIRESH) JUDGE ARK List No.: 1 Sl No.: 14