Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21536 WP No. 16445 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16445 OF 2025 (KLR-RES) BETWEEN:
SMT. VENKATAMMA W/O RAMACHANDRAPPA, AGED ABOUT 50 YEARS, R/A KAMBALIPURA VILLAGE, SULIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT - 562 110. …PETITIONER (BY SRI. SRIKANTH N.V, ADVOCATE) AND:
THE TAHASILDAR, HOSAKOTE TALUK, HOSAKOTE, BANGALORE RURAL DISTRICT - 562 110. …RESPONDENT (BY SRI. SIDDHARTH BABU RAO, AGA)
THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO I) QUASH THE IMPUGNED ORDER DATED- 17.12.2024 IN CASE NO. R.R.T.
(RE) C.R. 21/2023-24 PASSED BY THE RESPONDENT AS PER ANNEXURE - A AND ETC., Digitally signed by KAVYA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:21536 WP No. 16445 of 2025
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the order dated 17.12.2024 (Annexure-A), passed by the respondent.
2. Heard the learned counsel appearing for the parties.
3. It is the case of the petitioner that, the subject matter of the land bearing Sy.No.139/1, measuring 0.21 guntas of Kambalipura village, Sulibele Hobli, Hosakote Taluk, Bengaluru Rural District, originally belongs to grandfather of the petitioner late Appanna @ Appiga, and the said land was granted to the grandfather of the petitioner as per the order passed by then Special Deputy Commissioner for Abolition of Inams, Kolar circle, Kolar in case No.5184/1960-61, and the relevant documents are produced at annexure-B and C respectively.
4. The grievance of the petitioner in this writ petition is with regard to the change of khatha in favour of the
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HC-KAR NC: 2025:KHC:21536 WP No. 16445 of 2025 petitioner after the demise of the grandfather of the petitioner and the father of the petitioner, and accordingly the present writ petition is filed by the petitioner challenging the impugned
order at annexure-A, on the ground that, the respondent authority has not considered the original grant made in favour of the grandfather of the petitioner. Accordingly, sought for interference of this Court.
5. Per contra learned AGA Sri.Siddharth Babu Rao also sought to justify the impugned order at annexure-A and contended that the respondent, after considering the entire material on record, including the order passed by the Special Deputy Commissioner with regard to the grant made in favour of the grandfather of the petitioner and therefore sought to justify the order.
6. In the light of the submission made by the learned counsel appearing for the parties, factual aspects on record wherein the petitioner has produced the annexure-B, and taking into account the factual aspect on record particularly with regard case No.5184/1960-61 by the Special Deputy Commissioner for abolition of Inams, Kolar Circle (annexure-B),
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HC-KAR NC: 2025:KHC:21536 WP No. 16445 of 2025 wherein it finds name of the grandfather of the petitioner as such. In that view of the matter without going to the merits of the case is concerned, it is a fit case to remit the matter to the respondent herein to consider the case of the petitioners on merits after affording an opportunity to hearing the petitioner and to take decision in the matter, in accordance with the law.
7. Hence, I pass the following:-
ORDER i. Accordingly, this writ petition is allowed. ii. The order dated 17.12.2024 passed by the respondent at annexure -A is hereby set aside and the matter is remitted to the respondent to re-consider issue in terms of the observation made above. Accordingly, writ petition is
disposed off. iii. The entire exercise shall be made by the respondent, within a period of six months from receipt of the order.
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HC-KAR NC: 2025:KHC:21536 WP No. 16445 of 2025 iv. It is also open for the petitioner to provide additional documents if any, to enable the respondent to take decision in the matter. Sd/- (E.S.INDIRESH) JUDGE SRK List No.: 1 Sl No.: 20 CT: BHK