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2025 DAILYLAW 33276 (KAR)

SMT MAMATHA M S v. THE STATE OF KARNATAKA

WP/25790/2024 · 2025-01-08

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:642 WP No. 25790 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25790 OF 2024 (KLR-RES) BETWEEN: 1. SMT. MAMATHA .M.S D/O LATE SIDDAPPA AGED ABOUT 35 YEARS R/AT MASTHENAHALLI VILLAGE HENNAGARA POST, JIGANI HOBLI ANEKAL TALUK-562106. …PETITIONER (BY SRI. ARVIND .N, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA BANGALORE-560001. 2. THE SPECIAL TAHSILDAR ANEKAL TALUK, BANGALORE-562106. 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION BANGALORE-560001. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING FOR DIRECT TO THE Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:642 WP No. 25790 of 2024 R-2 TO MAKE NECESSARY CORRECTIONS IN R.T.C. AS PER THE REPRESENTATION DTD 01.03.2024 VIDE ANNEXURE-B, DIRECT TO THE R-3 TO MAKE NECESSARY CORRECTIONS IN R.T.C. AS PER THE REPRESENTATION DTD 13.03.2024 VIDE ANNEXURE-B1. 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 Petitioner is compelled to knock the doors of this Court as there is complete inaction on the part of respondent No.3/Assistant Commissioner in not taking cognizance of the communication/order passed by respondent No.2/Tahsildhar on 28.10.2022, wherein he has clearly indicated that certain names appearing in the RTC have to be deleted in the light of the alienations made by the owners indicated in the ownership column. 2. Heard the counsels on record. - 3 - NC: 2025:KHC:642 WP No. 25790 of 2024 3. Respondent No.3/Assistant Commissioner is the competent authority who is required to take cognizance of the order passed by respondent No.2/Tahsildar evidenced at Annexure-B and pass appropriate orders to bring in rectifications in RTC as per the order of respondent No.2/Tahsildar. Since there is inaction on the part of respondent No.3/Assistant Commissioner, this is a fit case to issue mandamus. 4. Hence, this Court proceeds to pass the following: ORDER (i) The writ petition is allowed. (ii) Respondent No.3/Assistant Commissioner is hereby directed to consider the order passed by respondent No.2/Tahsildar vide Annexure-A and pass appropriate orders/directions in accordance with law. (iii) On issuance of such direction by respondent No.3/Assistant Commissioner, respondent No.2/Tahsildar shall forthwith bring in requisite - 4 - NC: 2025:KHC:642 WP No. 25790 of 2024 rectifications as indicated in Annexure-A, in accordance with law. (iv) This entire exercise shall be accomplished within a period of three months' from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 77