- 1 - NC: 2025:KHC:4145 WP No. 23932 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. 23932 OF 2024 (KLR-RES) BETWEEN: B T NAGARAJ, S/O B. V. TAYAPPA, AGED ABOUT 72 YEARS, OCC AGRICULTURE, R/O NO.43/1 (K), MATRU KRUPA, DODDABETTAHALLI, VIDYARANYAPURA POST, BANGALORE - 97 REPRESENTED BY HIS POWER OF ATTORNEY HOLDER, SRI JAGADISH S/O B. T. NAGARAJ, (SENIOR CITIZEN NOT CLAIMED) …PETITIONER (BY SRI. SHIVANANDA D S., ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, BANGALORE - 560 001. 2. THE ASST. COMMISSIONER, BANGALORE NORTH TALUKA, YELAHANKA, BENGALURU - 560 064. 3. THE TAHASILDAR, BANGALORE NORTH TALUKA, YELAHANKA, BANGALORE - 560 064. …RESPONDENTS (BY SRI K MANJUNATH, HCGP) Digitally signed by SUMA Location: HIGH COURT KARNATAKA - 2 - NC: 2025:KHC:4145 WP No. 23932 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER REPRESENTATION PRODUCED AT ANNEXURE-D, E, F DTD. 22.03.2024 AND TO PASS SUITABLE ORDERS IN ACCORDANCE WITH LAW ETC. 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 The petitioner is seeking mandamus against the respondents to consider their representation dated 22.03.2024 and pass suitable orders. 2. Heard the learned counsel for the petitioner and the learned High Court Government Pleader appearing for the respondents. 3. The petitioner asserts that they are the legal representative of one Sri Sharamanna, also known as Sharabaradhya, who was granted the petition land under Sy No. 23/27, measuring 2 acres. The petitioner has submitted a grant order dated 21.11.1958, which allegedly establishes the title of Sri Sharamanna to the said land. Relying on this order, - 3 - NC: 2025:KHC:4145 WP No. 23932 of 2024 the petitioner claims that the land was legally granted to their ancestor. 4. However, the respondent – the State contends that the land in question is government land, and thus, the petitioner has no legal rights or claim over it. The respondent's position is that there is no evidence to support the petitioner's claim, and the land remains classified as government property. 5. In support of their case, the petitioner has submitted a detailed representation outlining the historical chain of title and inheritance through Sri Sharamanna (Sharabaradhya). This representation traces the land’s ownership from the time of the grant, emphasizing that the petitioner’s claim is based on the legal transfer of title from their ancestor. The issue, therefore, is whether the petitioner's ancestor, Sri Sharamanna, validly acquired rights to the land by virtue of the grant, and if so, whether those rights have been preserved and are enforceable. 6. Upon reviewing the records, it is evident that there has been a significant inaction on the part of respondent No.3, the Tahsildar, in addressing and deciding the representation - 4 - NC: 2025:KHC:4145 WP No. 23932 of 2024 submitted by the petitioner on 22.03.2024. The core question in this case revolves around whether Sri Sharamanna's grant, which the petitioner relies upon, is genuine and legally valid, and whether it entitles the petitioner to any rights over the land. The failure of the Tahsildar to consider and decide the petitioner’s representation constitutes an administrative delay that warrants intervention. 7. In the circumstances, this Court finds that the petitioner is entitled to a direction for the consideration of the representation, particularly in light of the fact that the grant made to Sri Sharamanna requires a thorough examination to ascertain its legitimacy and validity. The Tahsildar must conduct a full enquiry into the facts and circumstances surrounding the grant, and based on the findings, take appropriate action in accordance with the law. ORDER i) The writ petition is hereby allowed. ii) Respondent No.3 – the Tahsildar – is directed to expeditiously consider the petitioner’s representation dated 22.03.2024. In doing so, the - 5 - NC: 2025:KHC:4145 WP No. 23932 of 2024 Tahsildar shall verify the authenticity of the grant relied upon by the petitioner, assessing whether it was genuinely made in favor of Sri Sharamanna, and whether the petitioner's claim to the land is legally valid. Should the Tahsildar find that the grant is valid, necessary steps shall be taken to rectify the records, including the change of Khata in the RTC pertaining to the petition land. iii) This process must be completed within a period of four months from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE THM List No.: 1 Sl No.: 5