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2025 DAILYLAW 26559 (KAR)

SMT. NINGAMMA v. THE STATE OF KARNATAKA

WP/13676/2023 · 2025-06-09

E S Indiresh

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19519 WP No. 13676 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 13676 OF 2023 (KLR-RR/SUR) BETWEEN: 1. SMT. NINGAMMA, W/O LATE H L LINGAIAH, AGED ABOUT 65 YEARS, R/AT HANGARAHALLI VILLAGE, CHOWDANAKUPPE POST, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT – 572123. …PETITIONER (BY SRI. KESHAVA MURTHY B., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS SECRETARY, REVENUE DEPARTMENT, M S BUILDING, VIDHANA SOUDHA, BANGALORE – 560001. 2. THE DY. COMMISSIONER, TUMKURU DISTRICT, MINI VIDHANA SOUDHA, TUMKURU – 572101. 3. THE ASSISTANT COMMISSIONER, TUMKURU SUB-DIVISION, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:19519 WP No. 13676 of 2023 MINI VIDHANA SOUDHA, TUMAKURU – 572101. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS, KUNIGAL TALUK, KUNIGAL, TUMKUR DISTRICT – 572130. 5. THE TAHSILDAR, KUNIGAL TALUK, KUNIGAL, TUMKURU DIST – 572130. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECTING THE R- 2, DY.COMMISSIONER, TUMKUR DISTRICT, R-3, ASST. COMMISSIONER, TUMKUR SUB-DIVISION, R-5, THE TAHSILDAR, KUNIGAL TALUK, TUMKUR DISTRICT, TO CONSIDER THE REPRESENTATIONS DTD 04.03.2023 13.3.2023, PRODUCED AT ANNX-A1 TO A3 AND CONSEQUENTLY ORDER TO MUTATE THE REVENUE RECORDS IN THE NAME OF THE PETITIONER BY EFFECTING THE DURASTI OF THE LAND BEARING SY.NO.56 OF K.G.DEVAPATTANA VILLAGE, HULIYURUDURGA HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH - 3 - HC-KAR NC: 2025:KHC:19519 WP No. 13676 of 2023 ORAL ORDER Heard the learned counsel appearing for the parties. 2. The petitioner has filed this writ petition seeking consideration of the representations dated 04.03.2023 and 13.03.2023 (Annexure A1 to A3) and to mutate the revenue records. 3. Taking note of the submissions made by the learned counsel appearing for the petitioner that the father-in-law of the petitioner - Ningegowda had purchased the land in question on 05.09.1934 and, thereafter, the mutation has not been registered in the name of the petitioner. The cause forthcoming from the writ papers that, as per Annexure – G2, the respondent – authority has not made durasthi in respect of the land claimed by the petitioner. In that view of the matter, since the petitioner is claiming that the land was purchased on 05.09.1934 and durasthi in respect of the land has not been made for more than 90 years, I am of the view that the petitioner has to establish right over the property in - 4 - HC-KAR NC: 2025:KHC:19519 WP No. 13676 of 2023 question in a manner known to law and, therefore, considering the representations does not arise at this stage. 4. It is also made clear that, it is open for the petitioner to make an application seeking durasthi only through online and the same has to be considered expeditiously. 5. Accordingly, this writ petition is disposed of. 6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. SD/- (E.S.INDIRESH) JUDGE GSR List No.: 1 Sl No.: 62