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2025 DAILYLAW 34283 (KAR)

B T ABDUL REHAMAN SAB v. THE DEPUTY COMMISSIONER

WP/28757/2024 · 2025-02-04

Sachin Shankar Magadum

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5022 WP No. 28757 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.28757 OF 2024 (KLR-RES) BETWEEN: B T ABDUL REHAMAN SAB S/O LATE V. FAKRUDDIN SAB AGED ABOUT 100 YEARS RETIRED AND RELIGIOUS PREACHER AZAD NAGAR, 2ND MAIN, 2ND CROSS ROAD OPPOSITE SADAT HOTEL CHITRADURGA TALUK CHITRADURGA DISTRICT - 577 501. …PETITIONER (BY SRI. R SHASHIDHARA, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER CHITRADURGA DISTRICT CHITRADURGA - 577 501 2. THE ASSISTANT COMMISSIONER, CHITRADURGA SUB-DIVISION CHITRADURGA - 577501 3. THE TAHSILDAR MOLAKALMURU TALUK MOLAKALMURU - 577535 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5022 WP No. 28757 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION DTD. 16.01.2023 VIDE ANNX-C TO THIS WRIT PETITION 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 writ petition is filed seeking mandamus against the respondents to consider the petitioner’s application dated 16.01.2023 vide Annexure-C and restore the petitioner’s name to the petition land in terms of the decree passed in O.S.No.266/2019. 2. Heard learned counsel for the petitioner and learned AGA. 3. Learned AGA referring to the extents in Sy. No.317, would point out that there are multiple owners. She would further submit that though the petitioner’s title is declared by the Competent Civil Court - 3 - NC: 2025:KHC:5022 WP No. 28757 of 2024 in O.S.No.266/2019, since there are multiple owners and the petitioner is declared to be owner of the portion of the land in Sy. No.317 i.e., 7 acres 8 guntas, unless 11-e sketch is secured, the petitioner’s name cannot be restored to the RTC pertaining to the land bearing Sy. No.317. 4. This Court acknowledges the advanced age of the petitioner, who is approximately 100 years old. Given the petitioner’s age and the necessity of expediting legal and administrative processes in such circumstances, the Court deems it appropriate to issue specific directions to facilitate the petitioner’s request in a timely manner. 5. Accordingly, the petitioner is granted the liberty to submit an online application requesting the concerned authorities to prepare the 11-e sketch. Upon receipt of such an application, the third respondent, the Tahsildar, shall prioritize the matter and ensure that the 11-e sketch is prepared on an out-of-turn basis. Special consideration shall be given to the fact that the petitioner is a senior - 4 - NC: 2025:KHC:5022 WP No. 28757 of 2024 citizen, warranting swift administrative action. The entire process, from the submission of the online application to the completion of the 11-e sketch, shall be concluded within a strict timeline of six weeks from the date of receipt of the application. 6. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is disposed off. (ii) Liberty is reserved to the petitioner to tender on-line application. (iii) It is needless to mention that once 11-e sketch is prepared, respondent No.3–Tahasildar shall ensure that the petitioner’s name is restored to the newly assigned survey number to an extent of 7 acres 8 guntas. (iv) Change of katha shall be effected within a period of six weeks from - 5 - NC: 2025:KHC:5022 WP No. 28757 of 2024 the date of preparation of 11-e sketch. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 19