Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 28247 (KAR)

SRI K M RAJANNA v. THE STATE OF KARNATAKA

WP/17675/2024 · 2025-01-06

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:17 WP No. 17675 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 17675 OF 2024 (KLR-RES) BETWEEN: 1. SRI. K.M. RAJANNA, SON OF LATE GANGAMANIGAPPA, AGED ABOUT 63 YEARS, RESIDING AT NO.2572, KSRTC LAYOUT, RAYAN NAGARA, NELAMANGALA - 561 204, BENGALURU RURAL DISTRICT. 2. SRI. MANNE HANUMAYYA, SON OF LATE GANGAMANIGAPPA, AGED ABOUT 57 YEARS, RESIDING AT MOODLAKALENAHALLI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TLAUK - 561 203, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. FAYAZ SAB B.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:17 WP No. 17675 of 2024 DEVANAHALLI TALUK - 562 110, BENGALURU RURAL DISTRICT. 3. THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB DIVISION, DODDABALLAPURA - 561 203, BENGALURU RURAL DISTRICT. 4. THE TAHASILDAR, DODDABALLAPURA TALUK DODDABALLAPURA - 561 203, BENGALURU RURAL DISTRICT. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS. DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 31.01.2024 AND 01.02.2024 SUBMITTED FOR CHANGE/ EFFECT THE REVENUE RECORDS SUCH AS RTC AND MUTATION REGISTER BY REVEALING THE NAMES OF THE PETITIONERS IN COLUMN NO.9 AND 12 OF COMPUTERIZED RTC AND MUTATION REGISTER IN RESPECT OF IMMOVABLE AGRICULTURAL PROPERTY BEARING SY.24 MEASURING 2 ACRES, SITUATED MOODLAKALENAHALLI VILLAGE, DODDABELAVANGALA HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, WHICH ARE PRODUCED AND MARKED AS ANNX-F, G AND H AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:17 WP No. 17675 of 2024 ORAL ORDER The petitioner is aggrieved by the inaction on the part of respondents in not giving effect to the inheritance khatha pursuant to the varadi submitted by the petitioner dated 30-01-2024 and 01-02-2024. 2. Facts leading to the case are as under: The subject matter of the petition land is agricultural land bearing Sy.No.24, measuring 46 acres, out of which 2 acres was granted to the petitioner’s father as per grant order dated 20-01-1972. The petitioner, therefore, contends that his father, being an original grantee, was also issued a saguvali chit bearing No.LND(D)337/1971- 72. Placing reliance on these documents, the petitioner asserts that there is clear laxness on the part of respondents in not affecting pavati khatha. The petitioner claims to be the only surviving class-I heir and therefore, varadi is submitted in that regard. Since there is clear inaction on the part of respondents in not effecting changes by taking cognizance of the petitioners rights by - 4 - NC: 2025:KHC:17 WP No. 17675 of 2024 way of inheritance, this is a fit case where a mandamus lies. Accordingly, this Court passes the following: ORDER i. The writ petition is allowed; ii. The respondents are hereby directed to consider the petitioner's representations dated: 30-01-2024 and 01-02-2024; iii. This exercise shall be accomplished within a period of three months from the date of receipt of certified copy of this order; iv. It is open for the respondents to secure all records before affecting changes in the khatha. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 18 CT: BHK