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2025 DAILYLAW 33592 (KAR)

SMT GOWRAMMA v. THE STATE OF KARNATAKA

WP/27154/2024 · 2025-02-03

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:4846 WP No. 27154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.27154 OF 2024 (KLR-RES) BETWEEN: 1. SMT.GOWRAMMA AGED ABOUT 62 YEARS W/O LATE C. MARIYAPPA 2. SMT. VENKATESHAMMA AGED ABOUT 61 YEARS W/O LATE C. MARIYAPPA 3. SMT. RAMAKKA AGED ABOUT 59 YEARS W/O LATE C. MARIYAPPA ALL ARE RESIDING AT YALUVAHALLI VIJAYAPURA BANGALORE RURAL - 562135 …PETITIONERS (BY SRI.UDAY K S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDINGS DR. AMBEDKAR VEEDHI BENGALURU - 560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4846 WP No. 27154 of 2024 2. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT DISTRICT OFFICE COMPLEX BEERASANDRA VILLAGE DEVANAHALLI TALUK BENGALURU RURAL DISTRICT - 562 110 3. ASSISTANT COMMISSIONER BENGALURU DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT - 561 203 4. THE THASILDAR DEVANAHALLI TALUK DEVANAHALLI BENGALURU RURAL DISTRICT - 562 110 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRYAING TO DIRECT THE RESPONDENTS TO REGISTER THE NAME OF THE PETITIONER IN THE REVENUE RECORDS PERTAINING TO THE PETITION SCHEDULE PROPERTY AS PER THE OFFICIAL MEMORANDUM DATED 27.06.2024 AND CONSEQUENTIAL SAGHUVALI CHIT DATED 10.07.2024 AT ANNEXURE-B1 BEARING LND/RUC/SR:100/2014-15 AND ANNEXURE-B2 BEARING LND/RUC/SR:100/2014-15 RESPECTIVLEY FORTHWITH 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 - 3 - NC: 2025:KHC:4846 WP No. 27154 of 2024 ORAL ORDER In the captioned writ petition, the mandamus is sought against respondent No.4–Tahasildar to mutate the petitioners' name based on the Official Memorandum dated 27.06.2024 and consequential Saguvali Chit dated 10.07.2024. 2. The petitioners moved an application asserting that they are in unauthorized occupation of the land bearing Sy. No.33 of Yaluvahalli Village and the application was referred to the Committee and the Committee after securing Report at the hands of respondent No.4 - Tahasildar and after due enquiry, recommended to regularize the petitioners' unauthorized occupation to an extent of 1 acre 17 guntas. The petitioners allege inaction on the part of respondent No.4 – Tahasildar in not executing change of katha based on these two documents. 3. Perusal of the records, this Court has noticed that the petitioners applied for regularization of 1 acre 17 guntas in Sy. No.33 of Yaluvahalli Village and it is - 4 - NC: 2025:KHC:4846 WP No. 27154 of 2024 considered and an Official Memorandum is issued on 27.06.2024 evidenced at Annexure-B1. Respondent No.4 - Tahasildar, acting on this recommendation/Official Memorandum, has issued Saguvali Chit, which is evidenced at Annexure-B2. 4. The petitioners have acquired a legal right to seek change of katha based on these two documents. Equally, respondent No.4 is obligated to effect change of katha by taking cognizance of the Official Memorandum vide Annexure-B1 and consequent Saguvali Chit issued by the Tahasildar vide Annexure-B2. Since there is inaction on the part of the respondents, this is a fit case, where mandamus lies. 5. In view of the above, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Respondents are hereby directed to take note of the Official - 5 - NC: 2025:KHC:4846 WP No. 27154 of 2024 Memorandum dated 27.06.2024 as per Annexure-B1 and consequential Saguvali Chit issued vide Annexure-B2 and execute change of katha in favour of the petitioners in the RTC pertaining to the petition land. (iii) This exercise shall be accomplished within a period of three months from the date of receipt of order copy. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 14