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2025 DAILYLAW 29541 (KAR)

SRI PRASANTH M v. THE STATE OF KARNATAKA

WP/19519/2024 · 2025-01-29

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:4148 WP No. 19519 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19519 OF 2024 (KLR-RR/SUR) BETWEEN: SRI PRASANTH M, S/O OF K MARAPPA, AGED ABOUT 34 YEARS, R/AT NO 57, MANJUNATHA NILAYA, SRI VASANTH VALLABARAYA STREET, KONANAKUNTE EXTN, GANAPATHIPURA, KANAKAURA ROAD, BENGALURU - 560 062. …PETITIONER (BY SRI SURESH K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU - 560 001. 2. THE REVENUE DEPARTMENT, PRINCIPAL SECRETARY, SECRETARIAT, DR AMBEDKAR VEEDHI, BENGALURU - 560 001. 3. THE DEPUTY COMMISSIONER BANGALORE URBAN K G ROAD, BENGALURU PIN CODE - 560 001. 4. THE ASSITANT COMMISSIONER BANGALORE SOUTH, K G ROAD, BENGALURU - 560 001. Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:4148 WP No. 19519 of 2024 5. THE TAHSILDAR, BANGALORE SOUTH, K G ROAD, BENGALURU - 560 001. 6. THE DEPUTY TAHSILDAR, BANGALORE SOUTH, K G ROAD, BANGALORE - 560 001. 7. THE REVENUE INSPECTOR, B M KAVEL VILLAGE, KENGERI HOBLI, BANGALORE SOUTH, BANGALORE - 560 082. …RESPONDENTS (BY SRI B. P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R- 5 TO CORRECT THE EXTENT FROM 0.08 TO 12.08 GUNTAS IN THE LATEST RTC FOR THE AGRICULTURAL LAND BEARING IN SY NO. 93/ BM KAVEL VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK BANGALORE - 560082, CONSIDER THE REPRESENTATION DATED 28/05/2024 VIDE ANNEXURE-G. 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 In the captioned petition, the petitioner is aggrieved by the reduction of extent of land held by the petitioner's family in petition land bearing Sy No.93 and consequent inaction on the - 3 - NC: 2025:KHC:4148 WP No. 19519 of 2024 part of respondent No.5 - Tahsildar in not rectifying the errors inspite of receipt of representation dated 28.05.2024. 2. Heard the learned counsel for the petitioner and the learned counsel Additional Government Advocate appearing for respondent - state. 3. The short point that needs consideration is as to whether revenue authorities unilaterally could have reduced the extent of land held by the petitioner's family which was admittedly 12.08 guntas. On closure examination of mutation effected under MR No.83/2003-04 dated 08.03.2004, it clearly reveals that the petitioner's family owns 12 guntas 8 annas in Sy No.93. Under the said mutation, petitioner's grand father's name is ordered to be entered in the RTC. 4. Pursuant to compromised decree passed in O.S No.652/2009, the petitioner is allotted 10 guntas out of total extent measuring 12 guntas 8 annas. While, the petitioner obtained RTC, she was shocked to note that the extent is drastically reduced to 8 guntas as against 12.08 guntas. This prompted the petitioner to tender a detailed representation to the Tahsildar seeking rectification in terms of existing records. - 4 - NC: 2025:KHC:4148 WP No. 19519 of 2024 5. Learned Additional Government Advocate on instructions submits that the Tahsildar is in the process of passing orders warranting rectification of RTC. Recording the assurance that respondent No.5 will examine the earlier records and rectify the extent, this Court proceeds to pass the following ORDER i) The writ petition is allowed. ii) Respondent No.5 - Tahsildar shall forthwith rectify the extent as 12.08 guntas by taking note of earlier revenue records, more particularly, the mutation bearing MR No.83/2003-04 dated 08.03.2024 evidenced at Annexure - B. 6. This exercise shall be accomplished within a period of four weeks from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 13