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2025 DAILYLAW 23605 (KAR)

BORAMMA v. THE STATE OF KARNATAKA

WP/11176/2025 · 2025-04-28

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17559 WP No. 11176 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 11176 OF 2025 (KLR-RES) BETWEEN: 1. BORAMMA W/O. LATE CHANNANA BORAIAH AGED ABOUT 90 YEARS R/AT GONURU VILLAGE KASABA HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT-577 522. 2. PALAMMA W/O. LATE CHANNANA BORAIAH AGED ABOUT 80 YEARS R/AT GONURU VILLAGE KASABA HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT- 577 522. 3. CHANNANA BORAIAH, S/O. LATE CHANNANA BORAIAH AGED ABOUT 55 YEARS R/AT GONURU VILLAGE KASABA HOBLI, CHITRADURGA TALUK CHITRADURGA DISTRICT- 577 522. …PETITIONERS (BY SRI. H. PAVANA CHANDRA SHETTY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT REPRESENTED BY ITS SECRETARY M.S. BUILDING Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:17559 WP No. 11176 of 2025 DR. AMBEDKAR VEEDHI BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA-577 517. 3. THE ASSISTANT COMMISSIONER CHITRADURGA TALUK CHITRADURGA-577 517. 4. THE TAHSILDAR CHITRADURGA TALUK TALUK OFFICE, CHITRADURGA- 577 517. …RESPONDENTS (BY SRI. K. MANJUNATH, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R1 TO 4 TO CONSIDER THE PETITIONERS’ REPRESENTATIONS EFFECTIVELY WHICH IS MADE ON 03/03/2025 PRODUCED AS ANNEXURE-A TO C FOR ISSUING RTC AND MUTATION IN FAVOUR OF PETITIONERS HEREIN TO THE LAND BEARING SY. NO. 15, MEASURING 22 ACRES 30 GUNTAS OUT OF 42 ACRES 16 GUNTAS, SITUATED AT GONURU VILLAGE, KASABA HOBLI, CHITRADURGA TALUK, CHITRADURGA DISTRICT SINCE WITHOUT DUE PROCESS OF LAW ILLEGAL ENTRIES HAVE BEEN MADE AGAINST THIRD PARTIES IN THE PETITIONERS’ LAND. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA - 3 - NC: 2025:KHC:17559 WP No. 11176 of 2025 ORAL ORDER 1. The prayer in this writ petition is to direct the respondents to consider the representations dated 03.03.2025 whereby the petitioners are basically stating that the entries made in respect of Sy.No.15 are illegal and they are to be removed. 2. A perusal of the RTC which is produced at Annexures ‘E’ indicates that the name of D.Yallamma has been entered pursuant to M.R. No.13 of 2004-05. 3. It is therefore clear that the entry in the RTC is based on the order of mutation and the petitioners have to necessarily challenge the same if they want to get the names deleted. Without doing so, the petitioners have given representations which obviously cannot be considered by the Tahsildar, as considering the representations would virtually amount to reviewing the order passed by the Tahsildar in M.R. No.13 of 2004-05. - 4 - NC: 2025:KHC:17559 WP No. 11176 of 2025 4. Therefore, reserving liberty to the petitioners to challenge the said M.R., which has been passed on the request of D.Yallamma, the writ petition is dismissed. 5. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 39