- 1 - NC: 2025:KHC:4142 WP No. 19553 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. 19553 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT MANJAMMA, W/O LATE VENKATARAMANAPPA, AGED ABOUT 55 YEARS, 2. SAMPATH KUMAR V, S/O LATE VENKATARAMANAPPA, AGED ABOUT 35 YEARS, 3. ARUNA, D/O LATE VENKATARAAMANAPPA, AGED ABOUT 30 YEARS, 4. PAVITHRA, D/O LATE VENKATARAMANAPPA, AGED ABOUT 27 YEARS, 5. ASHA, D/O LATE VENKATARAMANAPPA, AGED ABOUT 25 YEARS, ALL ARE RESIDING AT SONNAPPANAHALI, KASABA (H), MALUR (T), KOLAR - 563 103. …PETITIONERS (BY SRI. VENKATA REDDY C M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:4142 WP No. 19553 of 2024 VIDHANA SOUDHA, BENGALURU - 562 001. 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101. 3. THE ASSISTANT COMMISSIONER, MALUR SUB DIVISION, MALUR - 563 103. 4. THE TAHASILDAR, MALUR TALUK, MALUR - 563 103. 5. MUNIVENKATAPPA S/O CHIKKANNA AGED ABOUT 71 YEARS RESIDING AT SONNAPPANAHALLI KASABA (H) MALUR (T) KOLAR - 563 103. 6. M. VENKATARAMANAPPA, S/O LATE GUNDAPPA, AGED ABOUT 62 YEARS, 7. S. G. BHADRAIAH, S/O LATE GUNDAPPA, AGED ABOUT 51 YEARS, 8. S. G. SHASHIKUMAR, S/O LATE GUNDAPPA, AGED ABOUT 38 YEARS, ALL ARE RESIDING AT SONNAPPANAHATTI, KUDIYANURU POST, MALUR TALUK, KOLAR DISTRICT - 563 130. …RESPONDENTS (BY SMT. B. P. RADHA, AGA FOR R1 TO R4; SRI V. SRINIVASA, ADVOCATE FOR R5; SRI RASHEED KHAN, ADVOCATE FOR R6 TO R8 (IMPLEADING APPLICANTS IN I.A NO.1/2025) - 3 - NC: 2025:KHC:4142 WP No. 19553 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT, DIRECTING THE R-2 TO 4 TO CONSIDER THE APPLICATION OF THE PETITIONERS FOR CHANGE OR TRANSFER OF KHATHA, RTC AND OTHER RELEVANT ENTRIES IN THE RECORD OF RIGHTS AND RTC AND MUTATION REGISTER ETC., AS PER ANNEURE-F1 AND F2 DTD 07.12.2019 AND 03.03.2021 FORTHWITH AS REQUESTED THEREIN, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned counsel for the petitioner, learned counsel appearing for respondent Nos.6 to 8 and learned Additional Government Advocate. 2. The records available indicate that the first petitioner's husband, having been granted an occupancy right to the extent of 2/3rd share in the agricultural land bearing Sy No.76, measuring a total extent of 3 acres 25 guntas, had executed a registered sale deed dated 27.10.1998, conveying 7 ½ guntas of land in favor of respondent Nos.6 to 8. It is undisputed that the grant of occupancy rights was adjudicated upon by this Court in W.P No.43841/2012, wherein it was - 4 - NC: 2025:KHC:4142 WP No. 19553 of 2024 categorically held that the first petitioner's husband was entitled to a 2/3rd share of the land while respondent No.5 was entitled to the remaining 1/3rd share. Despite such a clear adjudication, the RTC exclusively reflects the name of respondent No.5, thereby failing to acknowledge the rightful share of the petitioners' family as well as the subsequent alienation made by the first petitioner's husband in favor of respondent Nos.6 to 8. 3. The learned counsel representing respondent No.5 has fairly conceded that the occupancy rights in favor of the first petitioner's husband were granted to the extent of 2/3rd share. Furthermore, the petitioners themselves have admitted that the husband of the first petitioner had alienated 7 ½ guntas of land to respondent Nos.6 to 8 under the said registered sale deed dated 27.10.1998. In light of these facts, it is evident that while the rights of the petitioners' family have been established through judicial determination, the revenue records have not been updated accordingly. 4. Given the circumstances, it is incumbent upon the revenue authorities to take due cognizance of the occupancy rights granted to both the petitioners' family and respondent - 5 - NC: 2025:KHC:4142 WP No. 19553 of 2024 No.5 and effect necessary changes in the RTC to accurately reflect the respective ownership shares. The continued exclusive maintenance of the RTC in the name of respondent No.5 is legally untenable. Additionally, since the first petitioner's husband had lawfully alienated 7 ½ guntas of land in favor of respondent Nos.6 to 8 through a registered instrument, their names must be mutated in the RTC in strict adherence to the provisions of Sections 128 and 129 of the Karnataka Land Revenue Act, 1964. 5. Despite the petitioners having submitted representations to respondent No.4 - Tahsildar, seeking rectification of the RTC in accordance with the judicial determination in W.P No.43841/2012, there has been inaction on the part of the said authority. The inaction of the revenue authorities in updating the RTC in accordance with judicial orders, despite there being no contest from the private respondents, necessitates intervention by this Court. Accordingly, this Court finds it imperative to issue necessary directions to ensure compliance with the legal mandate and the rights of all concerned parties are duly reflected in the revenue records. - 6 - NC: 2025:KHC:4142 WP No. 19553 of 2024 6. For the forgoing reasons, this Court passes the following ORDER i) The writ petition is hereby allowed. ii) Respondent No.4 - Tahsildar is directed to immediately take up the petitioners' request for rectification of the RTC and accordingly effect necessary changes in respect of Sy No.76, measuring a total extent of 3 acres 25 guntas, ensuring that the names of the rightful parties are entered in accordance with the judicial pronouncement in W.P No.43841/2012. iii) The Tahsildar shall also take into consideration the registered sale deed dated 27.10.1998 executed by the first petitioner's husband in favor of respondent Nos.6 to 8 and ensure that the ownership of 7 ½ guntas of land is duly reflected in the RTC. iv) Noting the discrepancy of 1 gunta between the order of this Court and the actual measurement recorded in the RTC, the Tahsildar shall ensure that the entire extent of 3 acres 25 guntas is treated as a single unit and - 7 - NC: 2025:KHC:4142 WP No. 19553 of 2024 is then proportionally divided, with 2/3rd share being assigned to the petitioners' family and the remaining 1/3rd share to respondent No.5. v) Prior to effecting mutation, the Tahsildar shall obtain a revenue sketch delineating the respective shares of all concerned parties. The cost for securing this sketch shall be borne by the petitioners and respondent Nos.5 to 8 jointly. This sketch shall be procured within a period of six weeks from the date of this order. vi) The entire process of mutation and rectification of RTC shall be completed within a period of three months from the date of receipt of a certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 14