- 1 - NC: 2025:KHC:762-DB WP No. 22676 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JANUARY, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 22676 OF 2024 (KLR-RES-PIL) BETWEEN: 1. SRI SHIVANNA S/O BALAIAH AGED ABOUT 55 YEARS RESIDING AT GANTAGANAHALLI VILLAGE HUTHRIDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572 126. 2. SRI SHIVARAJ S/O LATE RAMLINGAIAH AGED ABOUT 40 YEARS RESIDING AT GANTAGANAHALLI VILLAGE HUTHRIDURGA HOBLI KUNIGAL TALUK TUMAKURU DISTRICT-572 126. …PETITIONERS (BY SRI PUNITH C., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by H K HEMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:762-DB WP No. 22676 of 2024 REVENUE DEPARTMENT M.S. BUILDING BENGALURU-560 001. 2. THE DEPUTY COMMISSIONER TUMAKURU DISTRICT-572 101. 3. THE ASSISTANT COMMISSIONER TUMAKURU DISTRICT-572 101. 4. THE TAHSILDAR KUNIGAL TALUK TUMAKURU DISTRICT 572 130. …RESPONDENTS (BY SMT. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH RULE 14(1) OF 'THE HIGH COURT OF KARNATAKA-PRACTICE AND PROCEDURE FOR PUBLIC INTEREST LITIGATION RULES, 2018 PRAYING TO ISSUE A WRIT OF MANDAMUS DIRECTING THE 4TH RESPONDENT TO IMPLEMENT HIS ORDER DATED 09.02.1988 IN H.T.R.D.C.B.5/1987-88 AS PER ANNEXURE-A BY INCORPORATING THE NAME OF THE "GOVERNMENT" TO AN EXTENT OF 5 ACRE OUT OF TOTAL EXTENT 29 ACRE 21 GUNTAS IN COLUMN NOS.9 AND 12(2) OF THE RTC IN RESPECT OF THE LAND BEARING SURVEY NO.40, SITUATED AT GANTAGANAHALLI VILLAGE, HUTHRI DURGA HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT BY CONSIDERING - 3 - NC: 2025:KHC:762-DB WP No. 22676 of 2024 THE REPRESENTATION OF THE PETITIONERS DATED 18.04.2024 AS PER ANNEXURES-D1 TO D4, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE M.I.ARUN ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) The only prayer for consideration in this public interest petition is that in respect of 5 acres of land in Survey No.40 situated at Gantaganahalli Village, Huthridurga Hobli, Kunigal Taluka of Tumkur District, according to the petitioners who are the villagers, RTC entry is to be effected in favour of the Government and that, there is already a mutation. 2. In this regard, it was submitted by learned advocate Mr. C. Punith for the petitioners that a representation is already pending before respondent No.4-the Competent Authority, the Tahsildar, Kunigal Taluka, Tumakuru District. Learned Additional Government Advocate Smt. Niloufer Akbar fairly submitted that the - 4 - NC: 2025:KHC:762-DB WP No. 22676 of 2024 representation of the petitioners shall be considered in accordance with law within the time limit which may be provided by the Court. 3. In the aforesaid view, without going into any other aspects of the merit of the subject matter, the petition is disposed of by requiring respondent No.4-the Tahsildar to decide the representation of the petitioners within eight weeks from today. 4. At this stage, learned Additional Government Advocate invites the attention of the Court to the Communication dated 02.03.1988 at Annexure-A, the contents of which reflects that a third party namely, Chikkaiah S/o Balaiah has staked his claim in respect of the subject matter of land to describe his ownership. 5. This aspect may be taken into consideration by the Competent Authority while deciding the representation. It is also clarified that this order by which the Competent Authority is required to decide the representation of the petitioners shall not come in the way for any third parties who may have interest in the land to agitate their rights in accordance with law. 6. Subject to the above limited observations, the petition is not entertained. It is accordingly disposed of. - 5 - NC: 2025:KHC:762-DB WP No. 22676 of 2024 It is made clear that this Court has not gone into the merits of the subject matter of this petition. SD/- (N. V. ANJARIA) CHIEF JUSTICE SD/- (M.I.ARUN) JUDGE hkh. List No.: 1 Sl No.: 6