- 1 - NC: 2025:KHC:267 WP No. 25754 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25754 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. CHANNAPPA, S/O NARASAPPA @ NARASEGOWDA, AGED ABOUT 64 YEARS, AGRICULTURIST, NO. 54, K. CHOODAHALLI VILLAGE, SOMANAHALLI POST, UTTARAHALLI POST, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE - 560 082. …PETITIONER (BY SRI. JAGADEESHACHARI, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. 2. THE THASILDAR, BANGALORE SOUTH TALUK, BANGALORE - 560 009. 3. THE ASSISTANT COMMISSIONER, BANGALORE SOUTH TALUK, BANGALORE - 560 009. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:267 WP No. 25754 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO THE R- 2 AND 3 TO ISSUE CERTIFIED COPY OF THE ORDER IN R.A.(S).109/2010-11 BY WAY OF WRIT OF MANDAMUS AS PER ANNEXURE-E DATED 19.08.2024 AND TO MAKE KHATHA AS PER ANNEXURE-E DAED 19.08.2024 AND TO MAKE KHATHA AS PER ANNEXURE-D DATED 30.07.2010 BY WAY OF WRIT OF MANDAMUS INCLUDING THE AWARD OF COSTS AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed seeking direction against respondents No.2 and 3 to furnish a certified copy of the order passed by respondent No.3-Assistant Commissioner in R.A.(S).109/2010-11 and consequently, effect changes in khatha by taking cognizance of the death of the petitioner's father. 2. Heard learned counsel for the petitioner and learned HCGP for the respondents. - 3 - NC: 2025:KHC:267 WP No. 25754 of 2024 3. The case before this Court highlights a lamentable situation arising from administrative negligence. The petitioner asserts that his father was the absolute owner of the land in question. He bases his claim on a registered sale deed executed on 30.12.1972, which establishes his father's ownership of the property. To support this claim, the petitioner has also relied on the encumbrance certificate, which indicates that the property was lawfully transferred by the erstwhile owner, Late Narasaiah, in favor of the petitioner’s father. 4. The petitioner has approached this Court seeking redressal for his grievance, as he intends to have his name mutated in the revenue records following the death of his father, who passed away on 13.05.2017. To facilitate this process, the petitioner had submitted an application to Respondent No.3 – Assistant Commissioner, seeking a certified copy of Annexure-D. 5. It is deeply disconcerting that despite the petitioner having paid the requisite fee, Respondent No.3 - - 4 - NC: 2025:KHC:267 WP No. 25754 of 2024 Assistant Commissioner has failed to provide the requested certified copy of the order dated 30.07.2010 passed in R.A.(S).109/2010-11. Such laxity on the part of the respondent has compelled the petitioner to file the present writ petition for relief, as the issue could not have been resolved at the administrative level without necessitating judicial intervention. 6. This Court finds that the petitioner's grievance is justified, and the failure on the part of Respondent No.3 constitutes administrative inaction. Therefore, this is a fit case for the issuance of a writ of mandamus. Accordingly, this Court passes the following: ORDER i. The writ petition is hereby allowed. ii. Respondent No.3 – Assistant Commissioner is directed to immediately issue a certified copy of the order dated 30.07.2010 passed in R.A.(S).109/2010-11 to the petitioner. The same shall be furnished within a period of two weeks from the date of receipt of a copy of - 5 - NC: 2025:KHC:267 WP No. 25754 of 2024 this order, upon collection of the requisite fee from the petitioner. iii. Further, Respondent No.2 – Tahasildar is directed to effect the necessary changes in the khatha records, taking into account the death of the petitioner’s father and the subsequent application by the petitioner for mutation. iv. The respondents are cautioned to ensure compliance with-in the timelines specified above to avoid any further grievances or legal consequences. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK