Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:15598 WP No. 4978 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4978 OF 2025 (KLR-RES)
BETWEEN:
SMT. R. LEELAVATHAMMA W/O R.V.GOPALALAH @ GOPALAKRISHNAIAH AGED ABOUT 73 YEARS R/AT NO.122, ADINILAYA, WARD NO.19 BASAVANAGUDI ROAD OPP. TO OLD GANESH TEMPLE CHIKKABALLAPURA - 562 101. …PETITIONER
(BY SRI. CHOKKAREDDY, ADVOCATE)
AND:
1.
STATE OF KARNATAKA UNDER SECRETARY OF REVENUE DEPARTMENT M.S. BUILDING, AMEDHKAR VEEDHI BANGALORE-560 001.
2.
DEPUTY COMMISSIONER CHIKKABALLAPURA CHIKKABALLAPURA - 562 101.
3.
ASSISTANT COMMISSIONER CHIKKABALLAPURA CHIKKABALLAPURA - 562 101.
4. TAHSILDAR GOWRIBIDANUR TALUK
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:15598 WP No. 4978 of 2025
GOWRIBIDANUR - 561 208. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF CERTIORARI BY QUASHING ANNEXURE-A, DATED. 15-10-2024 ISSUED BY THE RESPONDENT NO.4 BEARING NO. RRT. RRT.
K/5/2024 AND RRT(H) C.R/320/2023-24 REJECTING THE APPLICATION FOR TRANSFER OF KATHA BASED ON THE TWO REGISTERED SALE DEED DATED 18-04-1973 AS ANNEXURE-F AND SALE DEED DATED 18-04-1973 AS ANNEXURE-G, IN RESPECT OF SY.NO.85, IN TOTAL MEASURING 2 ACRES 10 GUNTAS OF PAPAGANAHALLI VILLAGE, HOSURU HOBLI, GOWRIBIDANUR TALUK, BY ALLOWING THE WRIT PETITION AND ETC.
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. The petitioner is aggrieved by the endorsement issued by the Thasildar, by which the Thasildar has refused to mutate the name of the petitioner on the ground that the katha was not registered in the name of the predecessors in title.
2.
Learned counsel for the petitioner submits that the lands in question were granted to Hanumanthappa and Kadhirappa in the year 1961 and there are
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NC: 2025:KHC:15598 WP No. 4978 of 2025
revenue entries standing in the name of Hanumanthappa, as could be seen from Annexure-J. It is contended that since the name of the original grantee is entered in the revenue records and there are registered sale deeds from that kathedar in favour of the husband of the petitioner - Gopalkrishnaiah and subsequently there is also a sale deed from Gopalkrishnaiah in favour of the petitioner, Smt.Leelavathamma, the reasoning of the Tribunal cannot be sustained.
3. A perusal of the RTCs which are produced as Annexures-J and K does indicate that the RTCs for the year 1972-73 upto 1976-77, the revenue records do indicate the name of Hanumanthappa and Kadhirappa. However, only in the computerized RTC the name of the grantee Hanumanthappa and Kadhirappa are missing. If the katha was registered in the name of original grantees, the reasoning of the
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NC: 2025:KHC:15598 WP No. 4978 of 2025
Thasildar that the katha did not stand in the name of the predecessors in title cannot be accepted.
4. In that view of the matter, in my view, it would be appropriate to quash the impugned endorsement and direct the Thasildar to re-consider the matter, taking into consideration the fact that the names of Hanumanthappa and Kadhirappa, the original grantees were reflected in the original revenue records and they have sold the property to the husband of the petitioner in the year 1969. This exercise shall be undertaken and completed within a period of three months from the date of receipt of a copy of this order. This Writ Petition is, accordingly, allowed.
5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM, List No.: 1 Sl No.: 15