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2025 DAILYLAW 21961 (KAR)

S.R. RAMANNA v. THE STATE OF KARNATAKA

WP/9244/2025 · 2025-04-17

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:16070 WP No. 9244 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 9244 OF 2025 (KLR-RR/SUR) BETWEEN: 1. S.R. RAMANNA S/O LATE RAMAKRISHNA AGED ABOUT 59 YEARS R/AT NIRGUNTEMOHALLA SIRA TOWN, SIRA TALUK TUMKURU DISTRICT-572137 2. LAKSHMANNA S/O LATE RAMANAYAK AGED ABOUT 69 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED) R/AT KALAPURA KALAMBELLA HOBLI SIRA TALUK TUMKURU DISTRICT-572125 3. RAJANNA S/O HANUMANTHAPPA AGED ABOUT 40 YEARS R/AT THALAGUNDA POST SIRA TALUK KALAPURA TUMAKUR-572125 4. SHRUTHI W/O SRINIVAS AGED ABOUT 32 YEARS SOPINAHATTI, SIRA TOWN SIRA TALUK, TUMKUR DISTRICT-572137 5. NATARAJU S/O LATE MADLURU NAYA AGED ABOUT 58 YEARS, R/AT MADHAVA VIDYA MANDIR Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16070 WP No. 9244 of 2025 VIDHUR BHAVANI NAGAR SIRA TALUK TUMKURU-572137 6. GUNDI RAMANAYAK S/O RAMA NAYAK AGED ABOUT 62 YEARS, SENIOR CITIZEN BENEFIT NOT CLAIMED R/AT DODDA AGRAHARA BUKKAPATNA SIRA TALUK TUMKUR-572125 7. GUDDADA RANGANATH S/O CHIAKKARANGAPPA AGED ABOUT 42 YEARS R/AT KUTTEGOWDANAHALLI TALUK TUMKURU-572125 8. SANTOSH KUMAR S/O SHIVANNA AGED ABOUT 37 YEARS SHIROMANITOTTA KOBARIPETE HOSADURGA CHITRADURGA DIST KARNATAKA-577257 9. NARASIMHA RAJU S/O CHANDRAPPA AGED ABOUT 29 YEARS R/AT NO.006 KALLADODU ATTIGHATA CHITRADURGA-577527 10. BASAVARAJU B R S/O RAJAPPA AGED ABOUT 33 YEARS R/AT HOSADURGA TALUKL DODDAGHATTA VILLAGE AND POST CHITRADURGA-577598 11. MANJUNATH R S/O RAJAPPA AGED ABOUT 27 YEARS R/AT KELLADODU VILLAGE ATTIGHATA CHITRADURGA-577527 - 3 - NC: 2025:KHC:16070 WP No. 9244 of 2025 12. NARASIMHA RAJU N S/O NARASIMHAPPA AGED ABOUT 29 YEARS R/AT KELLADODU VILLAGE ATTIGHATA CHITRADURGA-577527 13. PARAMESH S/O BASAVARAJAPPA AGED ABOUT 33 YEARS, R/AT AK COLONY CHAMARAJAPETE HOSADURGA TALUK CHITRADURGA-577527 14. LAKSHMIKANTH S/O THIPPESWAMY AGED ABOUT 29 YEARS R/AT GULLIHATTI CHITRADURGA DIST KARNATAKA-577257 15. PAVITHRA W/O JAGANATH K H AGED ABOUT 37 YEARS R/AT TALAGUNDA POST SIRA TALUK KALAPURA TUMAKURU-572125 16. G RAMESH S/O HANUMANTHAPPA AGED ABOUT 62 YEARS SENIOR CITIZEN BENEFIT NOT CLAIMED R/AT DODAAGRAHARA BUKKAPATNA SIRA TALUK, TUMKUR-572125 17. BHARATH S/O MAHADEVAPPA AGED ABOUT 34 YEARS R/AT MUTHODU HOSADURGA TALUK CHITRADURGA-577527 18. MOHAN KUMAR - 4 - NC: 2025:KHC:16070 WP No. 9244 of 2025 S/O VENKATALACHALA NAYAK AGED ABOUT 36 YEARS, R/AT HEMANAYAKA TANDA BHARATHAN HALL POST HULIYURU HOBLI, CHIKKANAYAKANAHALLI TUMKURU-572218 19. NARASIMHA RAJU S/O CHANDRAPPA AGED ABOUT 33 YEAARS R/AT KELLADODU ATTIGHATA CHITRADURGA-577527 …PETITIONERS (BY SRI. BIPIN HEGDE FOR SRI. KIRAN J., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560001 2. DEPUTY COMMISSIONER DC OFFICE MINI VIDHANA SOUDHA TUMAKURU, KARNATAKA-572101 3. KARNATAKA FOREST DEPATMENT PRINCIPAL CHIEF CONSERVATOR OF FOREST ARANYA BHAVAN, 18TH CROSS KODANDARAMPURA MALLESHWARAM BENGALURU KARNATAKA-560003 4. ASSISTANT COMMISSIONER MADUGIRI SUB DIVISION MADHUGIRI TUMAKURU DISTRICT-572201 5. TAHASILDAR SIRA TALUK TUMAKURU DISTRICT-572227 - 5 - NC: 2025:KHC:16070 WP No. 9244 of 2025 6. SRI RANGAIAH S/O LATE OBAIAH AGED ABOUT 99 YEARS, RA/T KALAKUNTE VILLAGE HALU DODDERI POST KORA HOBLI TUMAKURU TALUK TUMAKURU DISTRICT KARNATAKA-572128 7. SRI OBALANRASIMHAIAH S/O RANGAIAH, AGED ABOUT 61 YEARS R/AT SEEBI VILALGE KALLAMBELLA HOBLI, SIRA TALUK TUMAKURU DIST-572215 …RESPONDENTS (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORD IN CASE NO. RRT CR 97/2024/2024 ON THE FILE TAHSILDAR, SIRA TALUK, TUMKUR AND QUASH ORDER PASSED BY RESPONDENT TAHSILDAR WITH RESPECT SY. NO. 114, 146, 143, 147, 148, 149, 150, 142, 70, 60, 67, 69, 165, 73, 72, 33, 34, 58 SITUATED AT SEEBI VILLAGE, KALLAMBELLA HOBLI, SIRA TALUK, TUMKUR DISTRICT, DATED 02/01/2025 BEARING DOCUMENT NO RRT CR 97/2024/2024, WITHOUT GIVING PROPER NOTICE AND HEARING THE PETITIONER, IN SO FAR AS THE PETITIONERS ARE CONCERNED (ANNX-A), ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 6 - NC: 2025:KHC:16070 WP No. 9244 of 2025 ORAL ORDER 1. The petitioners contend that respondents No.6 and 7 approached this Court in W.P. No.5755/2024 seeking for a direction to the respondents to incorporate their names in respect of the land bearing Sy.No.68/1, 68/2 and 70/1 situated at Seebi village, Kallambella Hobli, Sira Taluk, Tumkuru district. 2. It is submitted that this Court disposed of the said Writ Petition and directed the authorities to consider the claim of respondents No.6 and 7. 3. It is the further case of the petitioners that instead of confining the claim in respect of Sy.No.68/1, 68/2 and 70/1, the Thasildar has proceeded to pass the impugned order not only in respect of the aforementioned three survey numbers, but several other survey numbers including the survey number in respect of which the petitioners were making a claim to incorporate their names in the revenue records. - 7 - NC: 2025:KHC:16070 WP No. 9244 of 2025 4. It is submitted that, in essence, the claim of the petitioners to have their names entered on the basis that they had inherited the property has stood nullified by the order of the Thasildar and this would seriously prejudice the petitioners. 5. Since it is clear from the Writ Petition that had been filed by respondents No.6 and 7 that they are only interested in aforementioned three survey numbers, any order passed in respect of survey numbers to which the Writ Petition could not relate would affect other persons, who had a claim in respect of the said land. 6. Since the petitioners’ claim that they have a claim over the lands and they also claim that they had inherited the properties, it would be appropriate to direct the Thasildar to consider the claim of petitioners, notwithstanding the order that he had passed on 02.01.2025. It is made clear that the Thasildar shall consider the right of the petitioners, - 8 - NC: 2025:KHC:16070 WP No. 9244 of 2025 as claimed by them in respect of the Sy.Nos.144, 146, 143, 147, 148, 149, 150, 142, 70, 60, 67, 69, 165, 73, 72, 33, 34 and 58 situated at Seebi village, Kallambella Hobli, Sira Taluk, Tumkur District and thereafter pass an order. 7. The Thasildar shall not be influenced by his own order and will consider the claim of the petitioners independently. 8. It is needless to state that the Thasildar shall consider the claim of the petitioners in accordance with law. 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 HNM List No.: 1 Sl No.: 39