Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1453 WP No. 28726 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28726 OF 2024 (KLR-RES) BETWEEN:
1.
C. NAGARAJU S/O. LATE K. CHENNAPPA AGED 69 YEARS
2.
C. VENKATAPPA S/O. LATE K. CHENNAPPA AGED 65 YEARS
BOTH ARE AGRICULTURISTS, RESIDING AT UTTARI VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 082 …PETITIONERS (BY SRI. JAGADEESHACHARI, ADVOCATE) AND:
1.
STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT, M.S. BUILDING BANGALORE-560 001.
2.
THE TAHSILDAR BANGALORE SOUTH TALUK, BANGALORE-560 009.
3.
THE ASSISTANT COMMISSIONER BANGALORE SOUTH TALUK
Digitally signed by SUMA Location: HIGH COURT KARNATAKA
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NC: 2025:KHC:1453 WP No. 28726 of 2024
BANGALORE-560 009. …RESPONDENTS (BY SRI. MANJUNATH K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS FROM RESPONDENT NO.3 IN R.A.(S) 487/2022 AND DIRECTIONS TO THE RESPONDENT NO.3 TO DISPOSE THE SAID CASE AND DIRECTIONS TO THE RESPONDENTS NO.2 AND 3 TO CONTINUE THE NAME OF THE PETITIONERS IN SY.NO.91 MEASURING 2 ACRES, SITUATED AT AGARA VILLAGE, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE RURAL DISTRICT, BY WAY OF WRIT OF MANDAMUS 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
ORAL ORDER
This captioned petition is filed seeking a direction against the 3rd respondent to dispose off the appeal pending in R.A.(S).487/2022.
2. Petitioners are aggrieved by inaction on the part of 3rd respondent/Assistant Commissioner who has failed to dispose off the appeal in accordance with law. The petitioners' grievance is that though the appeal was reserved for orders in
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NC: 2025:KHC:1453 WP No. 28726 of 2024
the year 2023, the 3rd respondent/Assistant Commissioner has not disposed off the appeal in accordance with law.
3. The present case highlights the gross negligence and inaction on the part of the 3rd respondent, the Assistant Commissioner, in dealing with the mutation proceedings. It is well-established that appeals arising out of mutation proceedings are to be handled expeditiously and disposed of summarily, given their limited scope. Revenue officials, particularly those entrusted with quasi-judicial functions, have a duty to ensure that such proceedings are resolved without undue delay. The very purpose of these proceedings is to update revenue records promptly, thereby facilitating the legal transfer of property titles. The failure of the 3rd respondent to act swiftly has not only caused an unreasonable delay but has also jeopardized the rights of the petitioners, who are entitled to have the mutation process completed in accordance with the grant order obtained by their late father.
4. Furthermore, the fact that the matter was reserved for orders as far back as 2023, without any subsequent action, unequivocally reflects the 3rd respondent's dereliction of duty.
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NC: 2025:KHC:1453 WP No. 28726 of 2024
This unwarranted delay amounts to squatting on the proceedings without justification, thereby frustrating the legitimate expectations of the petitioners. The revenue officials are obligated to conduct a limited inquiry to ascertain the legality and validity of the claim, ensuring that the mutation is recorded without unnecessary hindrances. The inaction of the 3rd respondent constitutes a breach of statutory duty, warranting the issuance of a writ of mandamus to compel the expeditious completion of the pending mutation proceedings.
5. For the foregoing reasons, this Court passes the following:
ORDER
(i) Writ petition is allowed.
(ii) The 3rd respondent is directed to decide the appeal in R.A.(S) No.487/2022 in accordance with law within a period of six weeks from the date of receipt of a copy of this order.
HJ List No.: 1 Sl No.: 18 Sd/- (SACHIN SHANKAR MAGADUM) JUDGE