- 1 - NC: 2025:KHC:167 WP No. 19851 of 2021 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 19851 OF 2021 (LR) BETWEEN: 1. P. JAYARAMAIAH S/O LATE PILLAPPA AGED 67 YEARS R/AT DASAGONDANAHALLI VILLAGE KASABA HOBLI DODDABALLAPURA TALUK-561203 BANGALORE RURAL DISTRICT …PETITIONER (BY SRI. UMESH .B.N, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT BEERASANDRA VILLAGE DEVANAHALLI TALUK-562110. 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA BANGALORE RURAL DISTRICT PIN CODE-561203. 3. THE TAHASILDAR DODDABALLAPURA TALUK DODDABALLAPRA-561203. …RESPONDENTS (BY SMT. WAHEEDA, AGA) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:167 WP No. 19851 of 2021 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DTD. 14.02.2019 IN NO.LRF/CR/275/2018-19 ISSUED BY THE R-3 TAHSILDAR VIDE AT ANNX-A, ISSUE WRIT IN THE NATURE OF MANDAMUS TO THE R-3 / TAHSILDAR, TO TRACE OUT THE RECORDS, AND TO ISSUE THE CERTIFIED COPIES OF PAPERS PERTAINS TO THE CASE IN NO. LRF(7-A)209/98-99, NO.LRF (DBP) 248/98-99 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The captioned petition is filed assailing the impugned endorsement dated 14.02.2019 issued by the respondent No.3 evidenced at Annexure-A. 2. Heard learned counsel for the petitioner and learned AGA appearing for the respondents. 3. The case on hand depicts a very sorry state of affairs. Petitioner who asserts that he is a tenant of the petition land pursuant to amendment to Land Reforms Act under Section 77A, filed an application in Form No.7A seeking grant of land. The documents evidenced at - 3 - NC: 2025:KHC:167 WP No. 19851 of 2021 Annexures-B and C clearly strengthens petitioner's case that he had filed Form No.7A seeking grant of land. Annexure-B is copy of Form No.7A filed by the petitioner herein seeking grant of land. Annexure-C is the notice issued by the Tahsildar pursuant to receipt of Form No.7A filed by the petitioner. 4. The petitioner asserts that the matter was argued by the counsel on record and was subsequently reserved for orders. Despite the passage of time, the competent authority has failed to issue any orders. In light of this inaction, the petitioner submitted an application before respondent No.3, the Tahsildar, seeking a certified copy of the order that was purportedly passed. However, respondent No.3 issued an endorsement, evidenced as Annexure-A, stating that no such order is available in the records. This endorsement is not only untenable but also raises significant concerns regarding the maintenance and handling of official records. - 4 - NC: 2025:KHC:167 WP No. 19851 of 2021 5. If the competent authority had initiated proceedings upon receiving Form No.7A, as mandated under the applicable law, respondent No.2, the Assistant Commissioner, being the authority responsible for adjudication, was obligated to pass an order in accordance with the law. Following the disposal of Form No.7A, respondent No.3, as the original custodian of the records, was duty-bound to maintain a record of the order passed and to provide details of the same to the petitioner upon request. The failure to do so constitutes a breach of legal duty and highlights serious lapses in administrative functioning. 6. The present petition was filed in 2021. Notably, the State has not contested or denied the petitioner’s submission that Form No.7A was duly filed by the petitioner seeking the grant of lands pursuant to the amendment to Section 77A of the Land Reforms Act. This acknowledgment, coupled with the apparent absence of any conclusive action on the petitioner's application, - 5 - NC: 2025:KHC:167 WP No. 19851 of 2021 necessitates judicial intervention. The case presents compelling grounds for directing respondent No.1, the Deputy Commissioner, to take appropriate steps to address the petitioner’s grievance. 7. It is imperative for the Deputy Commissioner to conduct a thorough enquiry into the matter, identify and hold accountable any officials responsible for the lapse, and ensure that the file concerning Form No.7A is either traced or reconstructed. Furthermore, the Deputy Commissioner is obligated to ensure that the final outcome of the proceedings initiated by the petitioner through Form No.7A is communicated to the petitioner in a transparent and lawful manner. 8. The petitioner has a vested legal right to be informed of the outcome of the proceedings initiated pursuant to Form No.7A. It is equally incumbent upon the respondents, particularly those entrusted with adjudicatory and record-keeping responsibilities, to furnish this information to the petitioner. The respondents’ failure to - 6 - NC: 2025:KHC:167 WP No. 19851 of 2021 do so not only undermines administrative propriety but also infringes upon the petitioner’s rights. 9. Given the circumstances, this is an appropriate case for the issuance of a writ of mandamus. The respondents must be directed to communicate the status and outcome of the proceedings initiated pursuant to the petitioner’s Form No.7A. Additionally, steps must be taken to address the lapses highlighted in the present case and ensure that the petitioner’s grievances are resolved in accordance with law. 10. With these observations, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) The impugned endorsement dated 14.02.2019 issued by respondent No.3, as per Annexure-A, is hereby set aside; - 7 - NC: 2025:KHC:167 WP No. 19851 of 2021 (iii) Respondent No.1, the Deputy Commissioner, is directed to conduct an enquiry into the endorsement referred to in Annexure-A; (iv) Based on the findings of the enquiry, respondent No.1 shall issue necessary directions to respondent Nos.2 and 3 to take appropriate action in the matter; (v) In the event that the application in Form No.7A has not yet been decided, the Deputy Commissioner is directed to issue appropriate directions to ensure expeditious resolution of the matter; (vi) The entire process, including the enquiry and subsequent action, shall be completed within four months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 42