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2025 DAILYLAW 34201 (KAR)

ZAKIR HUSSAIN SHAIK v. THE STATE OF KARNATAKA

WP/28678/2024 · 2025-06-18

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:21082 WP No. 28678 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 28678 OF 2024 (KLR-RR/SUR) BETWEEN: ZAKIR HUSSAIN SHAIK, S/O ABDUL KHUDDUS, AGED ABOUT 58 YEAS, R/A G.A. PLAYA, RAYAPURA VILLAGE, D.S. PLAYA POST, HEBBURU HOBLI, TUMKUR TALUK AND DISTRICT - 572 129, PRESENTLY RESIDING AT NO.10 1ST FLOOR, 10TH CROSS, SHAMPURA MAIN ROAD, MUNESHWARANAGARA, KAVALU BYRASANDRA, BENGALURU - 560 032. …PETITIONER (BY SRI. A.V. GANGADHARAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR - 572 101. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21082 WP No. 28678 of 2024 3. TAHSILDAR TUMKUR TALUK, TUMKUR DISTRICT, TUMKUR - 572 101. …RESPONDENTS (BY SRI. SIDDHARTH BABU RAO, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS TO CONSIDER AND PASS APPROPRIATE ORDER ON THE REPRESENTATIONS MADE BY HIM ON 25.10.2023 AND 25.01.2024 TRUE COPIES OF WHICH ARE PRODUCED AS ANNX-J AND J1 RESPECTIVELY 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 E.S.INDIRESH ORAL ORDER In this writ petition, petitioner is assailing the Endorsement dated 13.09.2024 issued by the respondent No.3 rejecting the claim made by the petitioner to remove the word 'beelu/pada' in the revenue records. 2. Heard Sri. A.V.Gangadharappa, learned counsel appearing for the petitioner and Sri. Siddharth Babu Rao, learned Addl. Government Advocate appearing for respondents. - 3 - HC-KAR NC: 2025:KHC:21082 WP No. 28678 of 2024 3. On careful examination of the writ papers, it would indicate that, there is no dispute with regard to the title in respect of land in question, as the grand father of the petitioner-Mohammed Hasan sab had purchased the land in question, as per the registered Sale Deed dated 02.05.1954 registered on 05.05.1954 (Annexure-A). It is also forthcoming from the RTC extracts produced at Annexures-D, E, F, G, H and H1 that the petitioner is in cultivation of the land in question. 4. In that view of the matter, taking into consideration that the land as claimed under Section 163 of the Karnataka Land Revenue Act, 1964 read with Rule 3 of the Karnataka Land Revenue Rules, 1966, I am of the opinion that, there is no impediment for respondent No.3 to delete the word 'beelu/pada' from the RTC extracts, which the name of the petitioner is also find place in the very same RTC extracts. 5. In that view of the matter, I find force in the submission made by learned counsel appearing for the petitioner that, the word 'beelu/pada' has been wrongly mentioned in the revenue records along with the name of the petitioner. In the event, if any arrears of tax is to be payable - 4 - HC-KAR NC: 2025:KHC:21082 WP No. 28678 of 2024 by the petitioner is concerned, same has to be payable by the petitioner after due enquiry with the respondent No.3 within a period of four weeks from the date of the receipt of the certified copy of this order. Accordingly, I pass the following: ORDER i) The writ petition is allowed. ii) The Endorsement dated 13.09.2024 issued by respondent No.3 is hereby set aside. iii) Respondent No.3 is directed to delete the word 'beelu/pada' from the RTC extracts in respect of the subject land belonging to the petitioner is concerned. SD/- (E.S.INDIRESH) JUDGE PHM List No.: 1 Sl No.: 77 CT: BHK