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2025 DAILYLAW 29699 (KAR)

NAGARATHNAMMA v. THE STATE OF KARNATAKA

WP/19438/2025 · 2025-07-07

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24401 WP No. 19438 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 19438 OF 2025 (KLR-RES) BETWEEN: 1. NAGARATHNAMMA AGED ABOUT 72 YEARS, W/O. SHRI MAHADEVA 2. SMT. MANJULA, AGED ABOUT 58 YEARS, W/O. LATE MURALIDHAR 3. M. JYOTHI, AGED ABOUT 38 YEARS, W/O. MR. NANDISH 4. VANI, W/O. G. V. PRASANNA, AGED ABOUT 36 YEARS 5. NETHRAVATHI, W/O. SATISH, AGED ABOUT 46 YEARS 6. PADMA W/O PUTTASWAMY AGED ABOUT 51 YEARS 7. SUDHAKAR S/O RAJASHEKARAIAH AGED ABOUT 47 YEARS 8. PUSHPA W/O. SUDHAKAR, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:24401 WP No. 19438 of 2025 AGED ABOUT 40 YEARS 9. AKASH, S/O. SUDHAKAR AGED ABOUT 20 YEARS 10. YESHWANTH KUMAR S/O SUDHAKAR AGED ABOUT 16 YEARS PETITIONERS NO.1 TO 10 ARE R/AT BHUVANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT -573 201. P-1 TO P-10 ARE DULY REP. BY THEIR GPA HOLDER G. DEVARAJE GOWDA, AGED ABOUT 49 YEARS, S/O. LATE GUNDE GOWDA, R/AT 'SRI ANNAPOORNESHWARI NILAYA' 7TH CROSS, 9TH WARD, RAVINDRA NAGAR, HASSAN-573 201. …PETITIONERS (BY SMT. PRAMILA NESARGI, ADVOCATE FOR SRI. SHIVARAJU M.K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY. 2. THE TAHSILDAR, HASSAN TALUK, HASSAN-573 201. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) - 3 - HC-KAR NC: 2025:KHC:24401 WP No. 19438 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIRARI, DULY QUASHING THE ORDER /ENDORSEMENT DATED 30.05.2025 PASSED IN BHU. SWA.80/2024-25 BY THE SECOND RESPONDENT DECLINING TO EFFECT THE TRANSFER OF KATHA OF THE LAND BEARING SY. NO. 159 MEASURING 23 GUNTAS, SY. NO. 151 MEASURING 26 GUNTAS, SY. NO.282 MEASURING 2 ACRES 29 GUNTAS, SY. NO. 33 MEASURING 1 ACRE 16 GUNTAS, SY. NO. 201 MEASURING 1-ACRE 11 GUNTAS, SY. NO.77 MEASURING 1 ACRE 22 GUNTAS, ALL ARE SITATUATED AT BHUVANAHALLI VILLAGE, KASABA HOBLI, HASSAN TALUK AND DISTRICT, DECLINING TO EFFECT THE KATHA OF THE SAID LAND IN FAVOUR OF THE PETITIONERS HEREIN 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. Heard learned Senior Counsel Smt. Pramila Nesargi, appearing on behalf of Sri Shivaraju M.K., for the - 4 - HC-KAR NC: 2025:KHC:24401 WP No. 19438 of 2025 petitioners and learned Additional Government Advocate for the respondents. 3. The petitioners herein are assailing the Endorsement dated 30.05.2025 (Annexure ‘A’), wherein respondent No.2 has rejected the claim made by the petitioners for change of khata in respect of the subject land concerned. 4. In this regard, learned Additional Government Advocate raised a preliminary objection relating to the maintainability of the petition that the petitioners have an alternative remedy under Karnataka Land Revenue Act, 1964. 5. In that view of the matter, as respondent No.2 has rejected the claim made by the petitioners for change of khata in respect of the subject land, the petitioners have an efficacious remedy under Section 136(2) of the Karnataka Land Revenue Act, 1964 and therefore, the writ petition is not maintainable. - 5 - HC-KAR NC: 2025:KHC:24401 WP No. 19438 of 2025 6. Accordingly, the writ petition is disposed of. However, liberty is reserved to the petitioners to approach the competent authority under Section 136(2) of the said Act. All contentions of the parties are kept open. Sd/- (E.S.INDIRESH) JUDGE JT/- CT:SM