Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19716 WP NO.11504 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.11504 OF 2025 (KLR-RES) BETWEEN:
SMT. ANITHA W/O MANJUNATH AGED ABOUT 48 YEARS, R/AT SOMATHANAHALLI VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 129. …PETITIONER (BY SRI. VIGNESHWAR S. SHASTRI, SENIOR ADVOCATE FOR SRI. BHASKAR GOWDA N.M., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110.
3.
THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA - 562 103.
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19716 WP NO.11504 OF 2025
4.
THE TAHSILDAR DEVANAHALLI TALUK, DEVANAHALLI - 562 110. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES PRAYING TO DIRECT THE RESPONDENT NO.2-DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT TO ACT UPON THE COMMISSIONER LETTER DATED 24TH OCTOBER, 2024 IN RRTC NO.82/2024 VIDE ANNEXURE-G; DIRECT THE RESPONDENT NO.4-TAHSIDLAR, DEVANAHALLI TALUK TO CONSIDER THE REPRESENTATION DATED 02ND MARCH, 2024 VIDE ANNEXURE-F AND THEREBY CONTINUE THE MUTATION AND RTC IN THE NAME OF THE PETITIONER WITH RESPECT TO SURVEY NO.149 MEASUIRNG 1 ACRE SITUATED AT SOMMATTANAHALLI VILLAGE, CHANNARAYAPATTANA HOBLI, DEVANAHALLI TALUK BENGALURU RURAL DISTRICT; AND ETC.
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
In this writ petition, the petitioner is seeking direction to the respondent No.2 to act upon the communication letter dated 24th October, 2024 (Annexure-G) made in RRTC 82/2024; inter alia sought for direction to the respondent No.4 to consider the representation dated 02nd March, 2024 (Annexure-F) and thereby continue the mutation and RTC in the name of the petitioner in respect of the land bearing Survey No.149 measuring to an extent of 1 acre situate at
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HC-KAR NC: 2025:KHC:19716 WP NO.11504 OF 2025
Somattanahalli Village, Channarayapatna Hobli, Devanhallai Taluk, Bengaluru Rural District.
2. Heard Sri. Vigneshwar S. Shastri, learned Senior Counsel on behalf of Sri. Bhaskar Gowda N.M., appearing for the petitioner and Smt. Navya Shekhar, learned Additional Government Advocate appearing for respondents.
3. Sri. Vigneshwar S. Shastri, learned Senior Counsel appearing for the petitioner submits that the petitioner was in unauthorised cultivation of the land to an extent of 1 acre in Survey No.149 situate at Somattanahalli Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District and in this regard, the respondent-Authorities have issued Saguvali Chit/Grant Certificate, which is produced at Annexure-A to the writ petition. It is also submitted by learned Senior Counsel that the revenue records in respect of the land in question have been changed in favour of the petitioner as per MR No.H5/2014-15 (Annexure-B).
4. Learned Senior Counsel appearing for the petitioner invited the attention of the Court to the order dated 17th January, 2024 (Annexure-D) passed by the respondent No.2 in
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HC-KAR NC: 2025:KHC:19716 WP NO.11504 OF 2025
Revision Petition No.58/2014-15 and submitted that the proceedings came to be closed in favour of the petitioner. He further submitted that the respondent No.4, by order dated 30th September, 2024 (Annexure-E), held that the Khata effected in favour of the petitioner in respect of the land in question is just and proper and therefore, the respondents 2 and 4 shall be
directed to continue the mutation and RTC favour of the petitioner by implementing the order dated 30th September, 2024 (Annexure-E).
5. Smt. Navya Shekhar, learned Additional Government Advocate opposed the writ petition.
6. In the light of submission made by learned counsel appearing for the parties, it is not in dispute that the land in question has been granted in favour of the petitioner as per the Saguvali Chit produced at Annexure-A and thereafter, MR No.H5/2014-15 produced at Annexure-B has been issued, which would indicate that the petitioner has been granted the land to an extent of 1 acre in Survey No.149/*/P1 of Somattanahalli Village, Channarayapatna Hobli, Devanahalli Taluk, Bengaluru Rural District. I have carefully examined the
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HC-KAR NC: 2025:KHC:19716 WP NO.11504 OF 2025
order dated 17th January, 2024 (Annexure-D) passed in Revision Petition No.58/2014-15, wherein the respondent No.2 arrived at a conclusion that the grant made in favour of the petitioner is just and proper. In that view of the matter, taking into consideration the fact that the respondent No.4 had already passed order dated 30th September, 2024 (Annexure-E) to continue the Khata of the land in question in favour of the petitioner, the respondents 2 and 4 are hereby directed consider the representation of the petitioner dated 02nd March, 2024 (Annexure-F) for continuing the name of the petitioner in revenue records in respect of the land in question, within an outer limit of three months from the date of receipt of this
order. Accordingly, writ petition is disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 68