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2025 DAILYLAW 28832 (KAR)

SMT. J. ASHA v. THE STATE OF KARNATAKA

WP/16950/2025 · 2025-06-17

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:20700 WP No. 16950 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 16950 OF 2025 (KLR-RES) BETWEEN: SMT. J. ASHA W/O C H MELAPPA, D/O JAYARAMAIAH C, AGED ABOUT 41 YEARS, R/AT NO.18, KARAGADA MAHALAKSHMI NILAYA, 5TH CROSS, CHIKKANNALAH LAYOUT, HENNUR, KALYANANAGAR POST, BENGALURU-560043. …PETITIONER (BY SRI. VENKATESHA C., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KEMPEGOWDA ROAD, BENGALURU-560 009. 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH TALUK, BENGALURU-560 002. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:20700 WP No. 16950 of 2025 4. THE SPECIAL TAHSILDAR YELAHANKA TALUK, MINI VIDHANA SOUDHA, BENGALURU-560064. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 30.05.2025 ISSUED BY THE RESPONDENT NO.4 - SPECIAL TAHASILDAR IN NO. RRT. (U) CR/512/2025-26 PRODUCED AT ANNEXURE -A; AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER Learned Additional Government Advocate accepts notice for the respondents. 2. I have heard Sri. C. Venkatesha, learned counsel appearing for the petitioner and Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondents. - 3 - HC-KAR NC: 2025:KHC:20700 WP No. 16950 of 2025 3. In this writ petition, the petitioner is assailing the Endorsement dated 30.05.2025 issued by Respondent No.4 (Annexure-A), whereby the claim made by the petitioner for entering his name in the Pahani (land revenue records) with respect to the subject land has been rejected inter-alia sought for consideration of the representation dated 25.03.2025 vide Annexure-E. 4. Sri. C. Venkatesha, learned counsel for the petitioner, referring to the reasons assigned by Respondent No.4 in the impugned Endorsement at Annexure-A, submits that the lis between the parties involves civil rights, which fall within the jurisdiction of the Civil Court for adjudication after due enquiry. He further invited the attention of this Court to the order dated 04.02.2025 in W.P.No.1168/2025 (Annexure- G), and submitted that in similar circumstances, this - 4 - HC-KAR NC: 2025:KHC:20700 WP No. 16950 of 2025 Court had allowed the writ petition and directed the respondent-authorities to incorporate the injunction order passed by the competent Civil Court in the pending suit. 5. Per Contra, Smt. Navya Shekar, learned Additional Government Advocate appearing for the respondent-State sought to justify the issuance of the impugned Endorsement at Annexure-A. 6. Having considered the submissions made by the learned counsel for the parties, it is not in dispute that the petitioner has filed O.S. No.1309/2024 before the Civil Court, seeking the relief of partition and consequential relief of declaration in respect of the subject land. Along with the suit, the petitioner has also filed I.A. No. 1 under Order XXXIX Rule 1 and 2 of CPC, seeking temporary injunction restraining the defendants therein from alienating the suit schedule - 5 - HC-KAR NC: 2025:KHC:20700 WP No. 16950 of 2025 properties. In furtherance of the same, the Trial Court has passed an order dated 26.10.2024 (Annexure-D), granting interim injunction. In that view of the matter, and following the declaration of law made by this Court in W.P.No.1168/2025 dated 04.02.2025 (Annexure-G), I am of the considered opinion that, the respondent- authorities are required to incorporate the injunction order in the revenue records. In the result, I pass the following: ORDER i) The writ petition is allowed. ii) The impugned Endorsement dated 30.05.2025 (Annexure-A), issued by Respondent No.4-Spl. Thasildar, is hereby set aside. iii) Respondent No.4-Spl. Thasildar, is directed to incorporate the injunction order dated - 6 - HC-KAR NC: 2025:KHC:20700 WP No. 16950 of 2025 26.10.2024 passed in O.S.No.1309/2024 (Annexure-D) in the "Other Rights" column of the revenue records. This exercise shall be completed within a period of three weeks from the date of receipt of the certified copy of this order. Sd/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 50