- 1 - HC-KAR NC: 2025:KHC:20879 WP No. 5957 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.5957 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. VIJAYALAKSHMI W/O SIDARAJU AGED ABOUT 46 YEARS 2. SMT. KOMALA W/O NAGARAJU AGED ABOUT 44 YEARS 3. SMT. RADHA W/O NARASIMAIAH AGED ABOUT 34 YEARS ALL ARE R/AT BANAVADI VILLAGE SOLUR HOBLI RAMANAGARA DISTRICT - 562127. …PETITIONERS (BY SRI. SAMPATH A., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRSENTED BYITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDAH AMBEDKAR VEEDHI, BENGLAURU - 560 001. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20879 WP No. 5957 of 2024 2. THE TAHSILDAR MAGADI TALUK MAGADI - 562 120. …RESPONDENTS (BY SRI. SIDDHARTH BABURAO, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 19.09.2023 BEARING NO. R.R.TCR/137/23-24 ISSUED BY THE RESPONDENT NO. 2 TAHSILDAR VIDE ANNX-A. CONSEQUENTLY DIRECT THE RESPONDENTS TO RESTORE THE SCHEDULE PROPERTY INTO THE NAMES OF PETITIONERS BY CANCELLING THE DECLARATION AS "SARKARI PADA" AND COLLECT THE OUTSTANDING LAND REVENUE IN ACCORDANCE WITH LAW BY RECONSIDERING THE REPRESENTATION DATED 01.08.2023 VIDE ANNX-B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER 1. Heard learned counsel appearing for the parties. 2. In this writ petition, petitioners are assailing the order dated 19.09.2023 (Annexure-A) passed by respondent No.2, - 3 - HC-KAR NC: 2025:KHC:20879 WP No. 5957 of 2024 inter alia, sought for a direction to the respondents to restore the schedule land into the name of the petitioners by cancelling the declaration as "sarkari pada' and to collect the outstanding land revenue in respect of the subject land as per the representation dated 01.08.2023 (Annexure-B). 3. Having taken note of the submissions made by learned counsel appearing for the petitioners and learned Additional Government Advocate, it is not in dispute that the land in question belongs to Sri. Jansar Bya Sabi and Kareem Sabi and they have sold the land in question in favour of one Sri. Thimmaiah-ancestor of the petitioners as per the registered Sale Deed dated 06.05.1911. It is also stated that pursuant to the same, the revenue records stand in the name of said Sri. Thimmaiah. It is also forthcoming from the writ petition that Thimmaiah died on 08.03.1950 leaving behind his son Sri. Garudaiah. It is also forthcoming from the writ petition that, the respondent - authorities have issued the endorsement dated 19.09.2023 and refused to restore the land in favour of petitioners on account of non payment of revenue. - 4 - HC-KAR NC: 2025:KHC:20879 WP No. 5957 of 2024 4. In that view of the matter, taking into consideration the law declared by this Court in the case of SHIVANNA Vs. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT AND OTHERS, in W.P. No.19639/2021, disposed of on 05.09.2022, the present writ petition requires to be allowed. Accordingly, the writ petition is allowed. The endorsement dated 19.09.2023 issued by respondent No.2 is hereby set aside. It is made clear that petitioners are directed to pay arrears of land revenue within a period of two months from the date of receipt of certified copy of this order and respondent No.2 shall collect the land revenue, if any, due from the petitioners and pass necessary order cancelling the forfeiture, within three months from the date of receipt of application that may be made by the petitioners. Sd/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 67