Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6240 WP No. 18616 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12THDAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 18616 OF 2024 (KLR-RES) BETWEEN:
1.
SRI. MANJU V., S/O VENKATAREDDY, AGED ABOUT 40 YEARS, RESIDING AT NO.63, 1ST CROSS, 1ST MAIN, NEAR ANTHONY CHURCH, JOGI COLONY MADIWALA CHECKPOST, HOSUR MAIN ROAD, 6THBLOCK, KORAMANGALA, BENGALURU – 560095.
2.
SRI. M. DODDA KRISHNAPPA, S/O MUNEERAPPA, AGED ABOUT 59 YEARS, MUNTHAKADIRINAHALLI, KOTHUR, CHINTAMANI – 563125.
3.
SRI. RAMASWAMY N., S/O LATE NUDIPANNA, AGED ABOUT 64 YEARS, RESIDING AT WARD NO.2, NEAR GOVERNMENT BUS STOP, SIDLAGHATTA, CHIKKABALLAPURA - 562105.
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:6240 WP No. 18616 of 2024
4.
SRI. G.V. NAGARAJ, S/O VENKATESHAPPA, AGED ABOUT42 YEARS, RESIDING AT GOWNIGUDDE, N. KOTHUR, CHIKKABALLAPURA - 563125. …PETITIONERS (BY SRI. TEJASWINI RAJKUMAR.,ADVOCATE) AND:
1.
STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY ITS SECRETARY, VIDHANA SOUDHA, AMBEDKAR VEEDHI, BENGALURU - 560001.
2.
THE ASSISTANT COMMISSIONER, CHIKKABALLAPUR SUB-DIVISION, CHIKKABALLAPUR – 563125.
3.
THE TAHSILDAR, CHINTAMANI TALUK, CHIKKABALLAPUR – 563125. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R3 TO TAKE ALL NECESSARY STEPS TO EFFECTUATE UPDATE OF KHATA RECORDS AS SOUGHT FOR BY THE PETITIONERS HEREIN PERTAINING TO SY.NOS.35,16,10, 09, 42, 33, 34, 32 AND 36 OF GAUNIGADDA VILLAGE, KASABA HOBLI, CHINTAMANI TALUK, CHIKKABALLAPUR DISTRICT IN FURTHERANCE OF HIS REPORT BEARING RRT/CR/232/2021-22
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NC: 2025:KHC:6240 WP No. 18616 of 2024
DTD. 22.07.2022 AT ANNX-C IN ACCORDANCE WITH LAW 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
ORAL ORDER The petitioners in the captioned petition are seeking mandamus against respondent No.3 to execute change of katha and mutate petitioners name to the petition land acting on the report tendered by respondent No.3- Tahsildar as per Annexure-C.
2. Heard learned counsel for the petitioners and learned HCGP. Perused the records. 3. On examination of the records, it is forthcoming that the petitioners who are tracing their rights through their ancestors claim that their ancestors filed applications asserting tenancy rights and the said application was dealt by Special Deputy Commissioner for Inams which is evidenced at Annexure-B.
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NC: 2025:KHC:6240 WP No. 18616 of 2024
4. The Special Deputy Commissioner for Inams on enquiry, taking cognizance of the fact that both the holders have admitted the tenancy rights of petitioners’ ancestors proceeded to register the petitioners as occupants of these lands. 5. Pursuant to direction issued by this Court in W.P.No.41036/2016 c/w W.P.Nos.43836-43838/2016, the Deputy Tahsildar verified the grant orders issued by the Special Deputy Commissioner for Inams and on enquiry, the Tahsildar has sent a report to the Assistant Commissioner. 6. Upon a thorough review of the relevant records, this Court finds it difficult to comprehend the hindrance faced by respondent No.3, the Tahsildar, in acting on the directions provided by the Special Deputy Commissioner for Inams. The report submitted by the Deputy Tahsildar, following the inquiry and verification of the grant orders, along with the specific instructions of this Court in W.P.No.41036/2016 c/w W.P.Nos.43836-43838/2016,
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NC: 2025:KHC:6240 WP No. 18616 of 2024
clearly indicate that the necessary steps for updating the land records, particularly the katha, should have already been carried out in accordance with the order passed by the Special Deputy Commissioner for Inams. 7. However, this Court notes with concern that no such action has been taken by the respondent No.3- Tahsildar, which points to a clear lack of diligence on his part. The petitioners, who have established their entitlement to the land based on the rights of their ancestors, are entitled to have their names entered in the revenue records. This entitlement arises directly from the orders issued by the Special Deputy Commissioner for Inams. 8.
As per the statutory provisions under Sections 128 and 129 of the Karnataka Land Reforms Act, 1961, it is the duty of the Tahsildar to ensure that the names of the original tenants are entered first, followed by the subsequent inheritance of those rights. By failing to act promptly and effectively in this regard, the Tahsildar has
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NC: 2025:KHC:6240 WP No. 18616 of 2024
neglected his legal obligations. This failure constitutes a clear case of administrative inaction, which justifies the issuance of a mandamus order. Therefore, this Court finds that a writ of mandamus should be issued to compel the Tahsildar to execute the necessary changes in the land records and carry out the order of the Special Deputy Commissioner for Inams without further delay. 9. For the foregoing reasons, this Court passes the following:
ORDER i. The writ petition is allowed; ii. Respondent No.3-Tahsildar, is hereby directed to take cognizance of the report dated 22.07.2022 which is evidenced at Annexure-C coupled with the order of the Special Deputy Commissioner for Inams which is evidenced at Annexure-B and pass appropriate orders in accordance with law and effect change of katha.
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NC: 2025:KHC:6240 WP No. 18616 of 2024
iii. This exercise shall be accomplished within a period of two months from the date of receipt of order copy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
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