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2025 DAILYLAW 31250 (KAR)

THE STATE OF KARNATAKA v. RAHAMATHULLA

WA/993/2022 · 2025-02-28

Anu Sivaraman, Vijaykumar A Patil

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Judgment text

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- 1 - NC: 2025:KHC:8808-DB W.A. No.993/2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT APPEAL NO.993/2022 (KLR-LG) BETWEEN: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562001. 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION CHIKKABALLAPURA - 562 101. 4. THE TAHSILDAR CHINTAMANI TALUK CHINTAMANI - 563 125. …APPELLANTS (BY SRI. C.H. DEVARAJA G, GOVT., ADV.,) AND: 1. RAHAMATHULLA S/O LATE DAWOOD SAB AGED 54 YEARS. Digitally signed by ARSHIFA BAHAR KHANAM Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:8808-DB W.A. No.993/2022 2. SHAFIULLA W/O LATE DAWOOD SAB AGED 50 YEARS. BOTH ARE R/AT CHINNASANDRA VILLAGE CHINTAMANI TALUK - 563 125 CHICKBALLAPURA DISTRICT. 3. AFSAR PASHA S/O BHOUSE PASHA AGED 65 YEARS R/AT CHINNASANDRA VILLAGE CHINTAMANI TALUK - 563 125 CHICKBALLAPURA DISTRICT. …RESPONDENTS (BY SRI. HARISH KUMAR M.S. ADV., FOR R1 & R2 SRI. B.R. VISHWANATH, ADV., FOR R3) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS. ALLOW THIS WRIT APPEAL AND SET ASIDE THE ORDER DATED 31/01/2022, PASSED BY THE LEARNED SINGLE JUDGE IN WP NO.3990/2015 (KLR-LG). PASS ANY SUCH OTHER ORDER/s AS THIS HON'BLE COURT DEEMS FIT TO GRANT IN THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS APPEAL, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL - 3 - NC: 2025:KHC:8808-DB W.A. No.993/2022 ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is preferred by the State and its functionaries challenging the order of the learned Single Judge dated 31.01.2022 in W.P.No.3990/2015. 2. Considering the contentions advanced on both sides, the writ petition filed by respondent No.1 herein was allowed and the impugned endorsement dated 28.06.2007 of respondent No.2 - Deputy Commissioner was quashed and set aside. Respondent No.4 - Tahsildar was directed to enter the names of the writ petitioners in respect of the land in question subject to the result of the RSA which was pending between the parties. 3. In this appeal, an order was passed on 29.10.2024 vacating the interim order dated 03.03.2023 and directing the Tahsildar to comply with the directions of the learned Single Judge. However, even thereafter, no steps were taken. - 4 - NC: 2025:KHC:8808-DB W.A. No.993/2022 4. A memo has now been placed on record on 28.02.2025, which shows the entries have been made as directed by the learned Single Judge. 5. In the above view of the matter, nothing survives for consideration in the appeal. The writ appeal is closed. However, we make it clear that the entry of the writ petitioners' name in the RTC shall confer no benefit on them in the pending RSA and that the RSA will be considered on merits without reference to the RTC entries. All pending applications, if any, shall stand disposed of. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (VIJAYKUMAR A. PATIL) JUDGE ABK List No.: 1 Sl No.: 9