- 1 - NC: 2025:KHC:10876 WP No. 4250 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 4250 OF 2025 (KLR-RES) BETWEEN: 1. SRI S LAKSHMANA S/O. LATE.SRI.M. SHAMANNA, AGED ABOUT 66 YEARS, RESIDING AT CHUNCHAGATTA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 062. 2. SRI. RAMA S/O. LATE.SRI.M. SHAMANNA, AGED ABOUT 50 YEARS, RESIDING AT CHUNCHAGATTA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 062 3. SMT. VARALAKSHMI W/O. LATE. SRI. KANTHARAJU, AGED ABOUT 42 YEARS, RESIDING AT CHUNCHAGATTA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU-560 062 4. SRI. VINAY. K S/O. LATE KANTRAJU, AGED ABOUT 23 YEARS, R/AT NO.53/3, CHUNCHAGHATTA MAIN ROAD, KONANAKUNTE POST, UTTARAHALLI HOBLI, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:10876 WP No. 4250 of 2025 BENGALURU 560 062 5. SRI. HARSHITHA C.K. D/O LATE KANTRAJU, AGED ABOUT 20 YEARS, R/AT NO.53/3, CHUNCHAGHATTA MAIN ROAD, KONANAKUNTE POST, UTTARAHALLI HOBLI, BENGALURU 560 062. …PETITIONERS (BY SRI. DILIP KUMAR I S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY, SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S BUILDING, DR. B. R AMBEDKAR VEEDHI, BENGALURU-560 001. 2. THE DEPUTY COMMISIONER BENGALURU DISTRICT DEPUTY COMMISSIONER OFFICE, BENGALURU -560 001 3. THE ASSISTANT COMMISIONER BENGALURU SOUTH SUB-DIVISION, BENGALURU-560 002 4. THE TAHSILDAR THE SOUTH TALUK, BENGALURU-562 110 …RESPONDENTS (BY SRI. K.MANJUNATH., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R2 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS - 3 - NC: 2025:KHC:10876 WP No. 4250 of 2025 DATED 21/01/2025 PRODUCED AS ANNEXURE-A TO RESTORE THE NAME OF PETITIONERS IN THE RTC EXTRACTS OF LAND IN SY.NO. 70 OF CHUNCHAGHATTA VILLAGE TO AN EXTEN OF 01 ACRES WHICH IS SCHEDULED LAND HEREIN, IN ITS BOTH KABJIDAR COLUMN NO. 9 AND CULTIVATORS COLUMN NO. 12(2) AS EXPEDITIOUSLY, 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 prayer in this writ petition is for issuance of a direction to consider the representation of the petitioners dated 21.01.2025, a copy of which is produced at Annexure - A. 2. It is the case of the petitioners that, they had instituted a suit in O.S.No.5676/2012 against the State before the XXXIX Additional City Civil and Sessions Judge, Bengaluru and the said Court by judgment and decree dated 01.12.2022 decreed the suit and held that the petitioners herein were the - 4 - NC: 2025:KHC:10876 WP No. 4250 of 2025 owners in possession of the schedule land. The Civil Court, in fact, passed a specific order in the following terms: "The defendants No.3 and 4 are hereby directed to restore the name of original plaintiff in the RTC extracts of land in Sy.No.70 of Chunchaghatta village to an extent of 01 acre which is schedule land herein, in its both kabjidar column No.9 and cultivator's column No.12(2)". 3. It is the grievance of the petitioners that, this order has not been challenged and, despite the lapse of nearly three years, the decree has not been given effect to. 4. He has also pointed out that, the petitioners had approached this Court earlier in W.P.No.13486/2023 and, despite an order passed by this Court on 04.09.2023 directing the Authorities that decision would be taken within a period of three months, the - 5 - NC: 2025:KHC:10876 WP No. 4250 of 2025 decree of the Trial Court has remained unfulfilled till today. 5. In this view of the matter, in my view, it would be appropriate to direct the respondents Nos.3 and 4 to implement the order of the Trial Court and ensure that the decree holders names are reflected. Since the Trial Court directed the name of the original grantee i.e., Shamanna to be restored and, since he is no more, it is obvious that respondent Nos.3 and 4 will have to enter the names of his legal representative i.e., plaintiffs 1(a) to 1(c)(iii) in O.S.No.5676/2012. 6. This order shall be complied within a period of one month from the date of receipt of the copy of this order. 7. It is however necessary to state here that, if the State decides to file an appeal against this order, the entries that would be made pursuant to the decree - 6 - NC: 2025:KHC:10876 WP No. 4250 of 2025 passed in O.S.No.5676/2012 would be subject to the result of such an appeal. 8. This writ petition is accordingly disposed of. 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.: 17