Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2570 WP No. 27936 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27936 OF 2024 (KLR-RR/SUR) BETWEEN:
SMT. SHARADAMMA, W/O. SRI SRINIVASAPPA, AGED ABOUT 61 YEARS, R/AT JADIGENAHALLI, BANGALORE RURAL, BANGALORE-562 114. …PETITIONER (BY SRI NAGESH S, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BENGALURU-560 001.
2.
THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G. ROAD, BENGALURU-560 009.
3.
THE TAHSILDAR, ANEKAL TALUK, ANEKAL, BENGALURU-562 106. …RESPONDENTS (BY SRI MANJUNATH K, HCGP)
THIS W.P. IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO TAKE TIMELY ACTION ON THE APPLICATION DATED
Digitally signed by NANDINI R Location: High Court of Karnataka
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NC: 2025:KHC:2570 WP No. 27936 of 2024
09.07.2024 SUBMITTED BY THE PETITIONER PRODUCED HEREWITH AS ANNEXURE-A 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 caption petition is field by the purchaser feeling aggrieved by deletion of his name in the RTC pertaining to petition land bearing Sy.No.111, totally measuring 08 Acres, situated at Ramasagara village, Attibele Hobli, Anekal Taluk. 2. Heard learned counsel for the petitioners and learned HCGP for the respondents-State. 3. The facts leading to the case are as under: Subject matter of the petition is an agricultural land bearing Sy.No.111, totally measuring 08 Acres, situated at Ramasagara village, Attibele Hobli, Anekal Taluk. 4. Petitioner is tracing title through her vendors who were granted this land. Both her vendors were
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NC: 2025:KHC:2570 WP No. 27936 of 2024
granted 04 Acres each pursuant to the recommendation made by the Committee vide Official Memorandum dated 10.05.1978 annexed at Annexure-C. Consequently, saguvali chit was issued imposing a condition not to alienate for 15 years. The grantees were called upon to pay requisite fees and the grant was made subject to provision of the Karnataka Land Revenue Rules, 1969. 5. The petitioner herein has purchased the entire extent from both the grantees under registered sale deed dated 22.04.1992. Pursuant to sale by the original grantee, petitioner's name was mutated to the entire extent under M.R.12/97-98. However, post introduction of the computerised RTC, petitioner's name was deleted and therefore a detailed representation is submitted by the petitioner requesting the jurisdictional Tahsildar to restore name by taking cognizance of the registered sale deed dated 22.04.1992 and also the recommendation made by the Committee and the consequent grant certificate issued by the competent Tahsildar. - 4 -
NC: 2025:KHC:2570 WP No. 27936 of 2024
6. This Court has been apprised by the learned High Court Government Pleader (HCGP) that the contesting respondent, namely, the jurisdictional Tahsildar (Respondent No. 3), disputes the receipt of any formal representation from the petitioner seeking the restoration of his name in the revenue records. This contention has been raised despite the petitioner’s reliance on the documentary evidence provided, including the registered sale deeds obtained from the original grantee. The Tahsildar’s position thus necessitates the need for judicial intervention to resolve the matter expeditiously. 7. Notwithstanding the above contention, this Court deems it appropriate, in the interest of justice and administrative efficiency, to treat the present writ petition itself as a formal representation to the jurisdictional Tahsildar.
Consequently, the 3rd Respondent is directed to proceed with appropriate measures to restore the petitioner’s name in the revenue records. This restoration process shall be undertaken based on the petitioner’s
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NC: 2025:KHC:2570 WP No. 27936 of 2024
submission of valid documents, including certified copies of the registered sale deeds executed by the original grantee, as well as the saguvali chit issued in favor of the petitioner. The jurisdictional Tahsildar is further directed to act in accordance with the recommendations of the Committee and ensure compliance with the procedural and substantive requirements under the applicable law.
ORDER
8. In light of the above observations, this Court passes the following: (i) The writ petition is allowed. (ii) The jurisdictional Tahsildar (Respondent No. 3) is
directed to treat this writ petition as a formal representation. Taking into consideration the recommendation made by the competent Committee, the issuance of the saguvali chit, and the registered sale deed executed by the original grantee, as evidenced at Annexure-H, the
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NC: 2025:KHC:2570 WP No. 27936 of 2024
Tahsildar shall forthwith initiate steps to restore the petitioner’s name in the revenue records. (iii) The entire exercise, as directed above, shall be completed within a period of three months from the date of receipt of the writ papers from the Office of the Advocate General (AG Office). The AG Office is instructed to ensure that the writ papers are transmitted without delay to the jurisdictional Tahsildar to facilitate prompt compliance. (iv) Liberty is reserved to the petitioner to approach this Court in the event of any delay or non- compliance with the directions issued herein.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NP List No.: 1 Sl No.: 4