- 1 - NC: 2025:KHC:2302 WP No. 27608 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27608 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. G. SHANKAR, AGED ABOUT 70 YEARS, S/O. SRI. GOVINDAPPA, RESIDING AT: NO. 22, 4TH MAIN, 2ND CROSS, OPP GIRIYAS, KATHRIGUPPE LAYOUT, BANGALORE SOUTH, BANASHANKARI 3RD STAGE, BANGALORE-560 085. …PETITIONER (BY SRI. NAGESH S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED 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.MANJUNATHA K, HCGP FOR R1 TO R3) Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:2302 WP No. 27608 of 2024 THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO TAKE TIMELY ACTION ON THE APPLICATION DTD:09.07.2024 SUBMITTED BY THE PETITIONER PRODUCED HEREWITH AS ANNX-A AND 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 Petitioner is aggrieved by the inaction on the part of respondent No.3 - Tahsildar in not considering the representation tendered as per Annexure-A and representation submitted to Assistant Commissioner as per Annexure-B. 2. Petitioner in the captioned petition has applied on the ground that though the petition land is granted to the petitioner vide Official Memorandum dated 10.05.1978 to the extent of 3 acres 30 guntas and Grant Certificate issued vide order dated 25.03.1979, the respondents have deleted the petitioner's name in view of the introduction of computerization of RTC. Petitioner alleged that there is complete inaction on the part of respondent authorities in not restoring petitioner's name which is passed in the - 3 - NC: 2025:KHC:2302 WP No. 27608 of 2024 grant order followed by a Grant Certificate issued by the competent Tahsildar then. 3. Learned High Court Government Pleader on instructions submits that the petitioner has not submitted representation and the office of Tahsildar despite verifying the records, they have not received any representation. 4. In the light of the applications made at Annexure-A and Annexure-B, this writ petition shall be considered as representations. The 3rd respondent is bound to take cognizance of the Official Memorandum dated 10.05.1978 wherein 3 acres 30 guntas of land is granted to the petitioner, it is also required to take cognizance of Grant Certificate issued vide order dated 25.03.1979. These documents are evidenced at Annexure- C and Annexure-D respectively. The Tahsildar shall also take cognizance of the mutation order vide MR.No.10/1985-86, wherein the petitioner's name came to be mutated in RTC based on the Grant Certificate. Though these clinching evidences are placed on record, except - 4 - NC: 2025:KHC:2302 WP No. 27608 of 2024 disputing these documents, there is no contrary evidence to disbelieve petitioner's grant is placed on record. 5. On examining the records, this Court is of the view that the petitioner has a legal right to seek restoration of his name in RTC which exists prior to unilateral deletion on account of introduction of computerization. The 3rd respondent/Tahsildar shall meticulously examine the records and ensure that the petitioner's name is restored in the RTC. 6. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.3-Tahsildar shall treat this writ petition as representation and accordingly examine the Official Memorandum regarding grant of lands to the petitioner followed by a Grant Certificate which is evidenced at Annexure- - 5 - NC: 2025:KHC:2302 WP No. 27608 of 2024 C and Annexure-D respectively and pass orders in accordance with law. 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 RR List No.: 1 Sl No.: 6