Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:24726 WP No. 10362 of 2023 C/W WP No. 10395 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 10362 OF 2023 (KLR-RR/SUR) C/W WRIT PETITION NO. 10395 OF 2023 (KLR-RES)
IN WP No. 10362/2023 BETWEEN:
B.R. RAJASHEKAR S/O LAE B.T, RAMAIH NO.3871, VISWESHARIAH ROAD 4TH PHASE NEAR SITHA CIRCLE, GIRINAGAR, BANGALORE-560085 …PETITIONER (BY SRI. T B KIRAN KUMAR.,ADVOCATE) AND:
1.
STATE GOVERNMENT OF KARNATAKA REP BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR AMBEDKAR VEEDI BENGALURU 560001 REP BY ITS CHIEF SECRETARY
2.
THE SPECIAL DEPUTY COMMISSIONER-2 B ANGALORE SOUTH SUB-DIVISION D.C.OFFICE COMPLEX, KANDAYA BHAVAN BENGALORE-56006
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:24726 WP No. 10362 of 2023 C/W WP No. 10395 of 2023
3. THASILDHAR BANGALORE NORTH(ADDITIONAL) TALUKA D.C.OFFICE COMPLEX, KANDAYA BHAVAN BENGALORE-56006 …RESPONDENTS (BY SRI MANJUNATH K. HCGP)
THIS WP IS FILED PRAYING TO QUASHING OF THE
ORDER BEARING NO.RRT(S) CR-107/72/13.14 DTD 24.06.2016 PASSED BY THE R-1 AT ANNX-A DIRECTING THE R-2 TO RESTORE THE NAME OF THE PETITIONER IN THE LAND RECORD AGAINST 6 ACRE OF LAND IN SY NO. 26 SITUATED AT
MALLIGONDANAN HALLI VILLAGE KENGERI HOBLI BANGALORE SOURTH TALUK.
IN WP NO. 10395/2023 B.R. RAJASHEKAR S/O LAE B.T, RAMAIH NO.3871, VISWESARAIAH ROAD 4TH PHASE NEAR SITHA CIRCLE, GIRINAGAR, BANGALORE-560085 ….PETITIONER
(BY SRI. T B KIRAN KUMAR.,ADVOCATE) AND:
1.
STATE GOVERNMENT OF KARNATAKA REP BY ITS SECRETARY, REVENUE DEPARTMENT M.S BUILDING. DR AMBEDKAR VEEDI BENGALURU 560001 REP BY ITS CHIEF SECRETARY
2.
THE SPEICAL DEPUTY COMMISSIONER-2 B ANGALORE SOUTH SUB-DIVISION
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HC-KAR NC: 2025:KHC:24726 WP No. 10362 of 2023 C/W WP No. 10395 of 2023
D.C.OFFICE COMPLEX, KANDAYA BHAVAN BANGALORE-56006
3. THASILDHAR BANGALORE NORTH(ADDITIONAL) TALUKA D.C.OFFICE COMPLEX, KANDAYA BHAVAN BANGALORE-56006 ...RESPONDENTS (BY SRI MANJUNATH K.ADVOCATE) THIS WP IS FILED PRAYING TO-QUASH OF THE
ORDER IN NO. RRT(S)CR107(42) 13-14 DTD 24/06/2016 PASSED BY THE SPECIAL DEPUTY COMMISSIONER-2 BLORE OR THE R-2 AT ANNEXURE-A DIRECT THE R-2 TO RESTORE THE NAME OF THE PETITIONER IN THE LAND RECORD AGAINT 6 ACRE OF LAND IN SY NO. 26 SITUATED AT MALLIGONDANAN HALLI VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK.
THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER In these writ petitions, the petitioners are assailing the
order dated 24.06.2016 (Annexure-A) passed by the Special Deputy Commissioner - 2, Bangalore South Sub-Division, Bangalore, interalia sought for a direction to the respondent No.2 to restore the name of petitioner in the land records in respect of the subject land.
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HC-KAR NC: 2025:KHC:24726 WP No. 10362 of 2023 C/W WP No. 10395 of 2023
2. Having heard the learned counsel appearing for the parties, the respondents No.2 in the impugned order has arrived at a conclusion that there were no records available with regard to support the claim made by the petitioner herein in respect of the grant made in favour of the vendor of the petitioner, and accordingly, directed the Authority to delete the name of petitioner herein from the RTC extract.
3. In the backdrop of this aspect, it is forthcoming that the proceedings held before the Karnataka Land Grabbing Prohibition Special Courts in L.G.C.(S)No.65/2017 vide order dated 11.10.2022, wherein the Special Court at paragraph-6 has arrived at a conclusion that the land in question has been re-granted to the vendor of the petitioner. In that view of the matter, taking into consideration the registered sale deed produced at Annexures-C and D, I am of the view that it is a fit case to remand the matter to the respondent No.2 to reconsider the issue afresh after hearing the parties.
4. In that view of the matter, the findings recorded by the respondent No.2 that there is no supporting document to
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HC-KAR NC: 2025:KHC:24726 WP No. 10362 of 2023 C/W WP No. 10395 of 2023
establish the rights in favour of the petitioner cannot be accepted by looking into the order passed by the Special Courts referred to above. Needless to say that it is open for the respondent No.2 to arrive at a conclusion that after verifying the entire records pertaining to the grant made in favour of the vendor of the petitioner. Accordingly, I pass the following:
ORDER
i) The writ petitions are allowed.
ii) The order dated 24.06.2016 (Annexure-A in both the writ petitions) passed by the respondent No.2 is hereby set aside, and the matter is remanded to the respondent No.2 to reconsider the issue afresh after affording a fair opportunity to the petitioner.
In order to avoid further delay in the matter, the parties are directed to appear before the respondent No.2 on 04.08.2025 at 3.00 p.m. to enable the respondent No.2 to take decision in the matter.
SD/- (E.S.INDIRESH) JUDGE BKM