- 1 - NC: 2025:KHC:4318 WP No. 27592 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 27592 OF 2024 (KLR-RES) BETWEEN: RAFI BAIG @ RAFFI S/O LATE AMEER BAIG AGED ABOUT 62 YEARS R/AT QUAZA MANSION NO.198/1, DAS COMPOUND BASAVANAGUDI BENGALURU - 560 004 …PETITIONER (BY SRI. CHANDRASHEKAR P., ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001 REP. BY SECRETARY Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4318 WP No. 27592 of 2024 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH KANDAYA BHAVAN K.G. ROAD BENGALURU - 560 009 3. THE TAHSILDAR/SPECIAL TAHSILDAR BENGALURU SOUTH KANDAYA BHAVAN K.G. ROAD BENGALURU - 560 009 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO THE R-3 TO CONSIDER THE REPRESENTATION DTD 27.06.2017 PETITIONER, THE COPY OF WHICH ARE PRODUCED HEREWITH AND MARKED AS ANNEXURE-G TO THE WP AND MUTATE THE NAME OF THE PETITIONER WITH RESPECT TO LAND BEARING SY NO. 30 MEASURING 6 ACRES 34 GUNTAS AND SY NO. 31 MEASURING 2 ACRES 10 GUNTAS, BOTH SITUATED AT VAJARAHALLI VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:4318 WP No. 27592 of 2024 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioner in the captioned petition is seeking direction to respondent No.3 - Tahsildar to enter the petitioner's name in the RTC pertaining to the petitioner's land by taking cognizance of registered sale deed obtained by the petitioner from the erstwhile owner on 25.07.1994. 2. Heard the learned counsel appearing for the petitioner and the learned High Court Government Pleader appearing for the respondents. Perused the records. 3. On reviewing the records, it is forthcoming that the petitioner's vendors sale deeds were subjected to an enquiry under Section 79A of the Karnataka Land Reforms Act (hereinafter referred to as 'the Act' for short) before respondent No.2 - The Assistant Commissioner. The sale deeds obtained by the petitioner's vendors are of the year 1979. The Assistant - 4 - NC: 2025:KHC:4318 WP No. 27592 of 2024 Commissioner nullified the sale deeds on account of petitioner's vendors did not possess the eligibility to purchase agricultural land. However, this order was assailed before the Karnataka Appellate Tribunal in Appeal No.118/2013. It is relevant to note that the present petitioner has prosecuted the appeal as GPA holder of the original vendors. The appeal is allowed. The orders of the Assistant Commissioner nullifying the sale deed under Section 79(a)(b) of the Act is set aside. 4. If the order of the Assistant Commissioner is set aside by the Karnataka Appellate Tribunal, the respondent No.3 - Tahsildar is under bounden duty to restore the names of the petitioner's vendors in the RTC. Further, respondent No.3 - Tahsildar is also obligated to examine whether petitioner based on the Power of Attorney which they claim is coupled with the consideration can get his name mutated. Since there is inaction, this is a fit case for mandamus. - 5 - NC: 2025:KHC:4318 WP No. 27592 of 2024 5. For the foregoing reasons, the Court passes the following: ORDER i) The writ petition is allowed; ii) Respondent No.3 - Tahsildar is hereby directed to take cognizance of the order passed by the Karnataka Appellate Tribunal and pass appropriate orders by considering the petitioner's representation dated 27.06.2017 at Annexure - G; and 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 KG List No.: 1 Sl No.: 21