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2025 DAILYLAW 29371 (KAR)

SRI CHANDRASHEKAR v. THE TAHASILDAR

WP/19442/2021 · 2025-04-21

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:16453 WP No. 19442 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 19442 OF 2021 (KLR-RES) BETWEEN: SRI. CHANDRASHEKAR S/O LATE NANJAPPA AND SMT. PUTTEERAMMA AGED ABOUT 50 YEARS R/AT NO.634, 1ST CROSS, 1ST MAIN, RAGHAVENDRA BLOCK, BANASHANKARI BENGALURU-560 050. …PETITIONER (BY SRI. VASU .K, ADVOCATE FOR SRI. K.N. PUTTE GOWDA, ADVOCATE) AND: 1. THE TAHASILDAR NAGAMANGALA TALUK NAGAMANGALA MANDYA DISTRICT-571432. 2. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION PANDAVAPURA MANDYA DISTRICT-571434. 3. SRI. BETTASWAMY S/O LATE NANJAPPA AGED ABOUT 58 YEARS Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:16453 WP No. 19442 of 2021 4. SRI. PRADEEP .M.S S/O SHIVANANJAPPA AGED ABOUT 34 YEARS R3 AND R4 ARE R/OF MULUKATTE VILLAGE AND POST KASABA HOBLI, NAGAMANGALA TALUK MANDYA DISTRICT-571432. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 AND R2; SRI. BHARGAV .G, ADVOCATE FOR R3 AND R4) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RRT DISPUTE CR/233/2020 AND RRT DISPUTE CR 234/2020 ON THE FILE OF R-1, TO SET ASIDE THE ORDER DATED 21.01.2021 PASSED BY THE R-1 IN RRT DISPUTE CR/233/2020 VIDE ANNEXURE-R AND ORDER DATED 05.02.2021 PASSED BY THE R-1 IN RRT DISPUTE CR/234/2020 VIDE ANNEXURE-S AND CONSEQUENTLY DIRECT THE R-2 TO REGISTER THE NAME OF THE PETITIONER IN REVENUE RECORDS IN PLACE OF HIS DEMISED FATHER SRI. NANJAPPA. THIS PETITION, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The petitioner is aggrieved by an order passed in a proceeding initiated for mutating the name of the petitioner. 2. By the impugned order, the Tahsildar has directed the maintenance of status quo essentially on the - 3 - NC: 2025:KHC:16453 WP No. 19442 of 2021 ground that there was a difference in the names proposed in the checklist and that of the Khatedar. 3. It is the case of the petitioner that an appeal had been preferred by the Tahsildar before the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act, 1964 and in these proceedings, an order was passed in the following terms: “DzÉñÀ ¥Àæ²ßvÀ ªÉÄîä£À« CAVÃPÀj¹zÉ. £ÁUÀªÀÄAUÀ® vÁ®ÆèPÀÄ, PÀ¸À¨Á ºÉÆÃ§½, ªÀÄļÀÄPÀmÉÖ UÁæªÀÄzÀ ¸À.£ÀA.9/1© gÀ°è 2.07.00J.UÀÄAmÉ ¨ÉlÖ¸Áé«Ä ©£ï £ÀAd¥ÀàgÀ Dgïn¹ gÀzÀÄÝ¥Àr¹zÉ. JADgï:13/87-88 ªÀÄvÀÄÛ £ÀªÀÄÆ£É-5 ªÀÄvÀÄÛ DPÁgï§Azï jÃvÁå ¨ÉÆªÀÄägÁ¬Ä FgÉÃUËqÀß £Á®Ì£É ªÀÄUÀ £ÀAd¥ÀàgÀªÀgÀ ºÉ¸ÀjUÉ Dgïn¹ EArÃPÀj¸À®Ä vÀºÀ²Ã¯ÁÝgï £ÁUÀªÀÄAUÀ® vÁ®ÆèPÀÄ gÀªÀjUÉ DzÉò¹zÉ. ¸ÀzÀj DzÉñÀªÀ£ÀÄß ¢£ÁAPÀ 27.01.2020 gÀAzÀÄ RÄzÀÄÝ §gÉzÀÄ UÀtQÃPÀgÀtUÉÆ½¹, ¥ÀjµÀÌj¹ §»gÀAUÀ £ÁåAiÀiÁ®AiÀÄzÀ°è WÉÆÃ¶¸À¯Á¬ÄvÀÄ.” - 4 - NC: 2025:KHC:16453 WP No. 19442 of 2021 4. It is contended that in light of this order, the Tahsildar was bound to enter the name of Nanjappa, but the Tahsildar has acted contrary to the order of the Assistant Commissioner. 5. A perusal of the orders passed at Annexures-R and S would indicate that the orders passed by the Assistant Commissioner have not even been noticed by the Tahsildar, let alone considered by him. In that view of the matter, the orders at Annexures-R and S will have to be quashed. 6. Accordingly, the order dated 21.01.2021 in RRT No.233/2020 and order dated and 05.02.2021 in RRT No.234/2020 are quashed and the Tahsildar is directed to reconsider the matter afresh, keeping in mind the order passed by the Assistant Commissioner in RRT.CR.324/2018-19, dated 27.01.2020 (Annexure-L). - 5 - NC: 2025:KHC:16453 WP No. 19442 of 2021 7. This exercise shall be undertaken and completed within a period of three months from the date of receipt of a copy of this order. 8. The writ petition is accordingly allowed. 9. In view of the disposal of the petition, the pending interlocutory applications, if any, shall stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 101