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2025 DAILYLAW 21360 (KAR)

SMT. ERAKKA v. THE STATE OF KARNATAKA

WP/9466/2025 · 2025-04-01

R Devdas

body2025

Judgment text

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- 1 - NC: 2025:KHC:13596 WP No. 9466 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 9466 OF 2025 (LA-KIADB) BETWEEN: SMT. ERAKKA W/O. OBAIAH @ MUNINANJAPPA, AGED ABOUT 77 YEARS, R/A. B.K. HALLI VILLAGE, JALA HOBALI, BENGALURU NORTH, BENGALURU RURAL - 562 149. …PETITIONER (BY SRI. VARUN R.R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU - 560 001. REPRESENTED BY ITS CHIEF SECRETARY. 2. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE - 560 001. REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER AND EXECUTIVE MEMBER. 3. THE KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13596 WP No. 9466 of 2025 MAHARSHI ARAVIND BHAVAN, 1ST FLOOR, NRUPATUNGA ROAD, BANGALORE - 560 001. REPRESENTED BY ITS SPECIAL LAND ACQUISITION OFFICER - 2. …RESPONDENTS (BY SRI. SESHU V, HCGP FOR R1; SRI. P.V. CHANDRASHEKAR, ADVOCATE FOR R2 AND R3) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 05.02.2025 AS PER ANNX-A AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1. Sri.P.V.Chandrashekar, learned counsel who is present in the Court takes notice for respondent Nos.2 and 3. 2. Learned counsel for the petitioner submits that the petitioner was granted 4 acres in Sy.No.7 of B.K.Palya Village (Bandikodigehalli Palya), Jala Hobli, Yelahanka - 3 - NC: 2025:KHC:13596 WP No. 9466 of 2025 Taluk. The name of the petitioner was entered in the land records. However, after the land records were computerized, the name of the petitioner was not continued in the RTC. In the meanwhile, the lands have been acquired for the benefit of the respondent-KIADB and the award has been determined by the SLAO. Since the land is shown as government land, no award has been passed in respect of the land in question. The petitioner therefore approached the Tahsildar and the Tahsildar referred the matter to the Special Deputy Commissioner, who has passed an order at Annexure-G dated 04.03.2024 under Section 136(3) of the Karnataka Land Revenue Act, 1964. The Special Deputy Commissioner had called for the original records and has clearly held that the grant made in favour of the petitioner is genuine. Directions were issued to the Tahsildar to ascertain the position and tally the RTC column Nos.3 and 9, if any mismatch, rectify the same and continue the revenue entry in respect of the land in favour of the petitioner herein. Learned counsel however submits that the name of the petitioner has not - 4 - NC: 2025:KHC:13596 WP No. 9466 of 2025 been entered in the RTC, since the Tahsildar is of the opinion that the lands have been notified and acquired for the benefit of the respondent- KIADB. 3. Having regard to the facts stated hereinabove, this Court is of the considered opinion that the Tahsildar should have proceeded to enter the name of the petitioner in terms of the orders passed by the Special Deputy Commissioner, unless the said order is later modified or set aside. 4. Consequently, the writ petition stands disposed of with a direction to the Tahsildar, Yelahanka Taluk, to proceed to enter the name of the petitioner in the land records pursuant to the orders passed by the Special Deputy Commissioner-3 dated 04.03.2024 in RRT(2)(NA)CR/21/23-24, which will enable the petitioner to pursue the representation given to the Special Land Acquisition Officer-2, KIADB. The concerned Tahsildar shall proceed to enter the name of the petitioner in the RTC as expeditiously as possible and at any rate within a period of - 5 - NC: 2025:KHC:13596 WP No. 9466 of 2025 six weeks from the date of receipt of a copy of this order. The petitioner is permitted to furnish a copy of the RTC having the name of the petitioners entered therein, to respondent No.3-SLAO who shall proceed to consider the representation given by the petitioner for grant of compensation in accordance with law. If the award amount has been deposited before the reference Court or with the government, respondent No.3 is permitted to withdraw the same and tender the compensation to the petitioner in accordance with law in terms of Section 29(2) of the KIAD Act, 1966. Sd/- (R DEVDAS) JUDGE rv CT: BHK