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2025 DAILYLAW 34291 (KAR)

SMT KAVITHA K H v. STATE OF KARNATAKA

WP/28999/2024 · 2025-01-16

Sachin Shankar Magadum

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Judgment text

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- 1 - NC: 2025:KHC:1733 WP No. 28999 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 28999 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. KAVITHA .K.H W/O VENKATESH AGED ABOUT 50 YEARS H. THIMMAPURA VILLAGE KASABA HOBLI, TARIKERE TALUK CHIKMAGALURU DISTRICT, PIN-577 228. …PETITIONER (BY SRI. H. MALATESH, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, BENGALURU-02. 2. THE DEPUTY COMMISSIONER CHIKMAGALURU DISTRICT CHIKMAGALURU-577 101. 3. THE ASST. COMMISSIONER TARIKERE TALUK CHIKMAGALURU DISTRICT, PIN-577 228. 4. THE TAHASILDAR TARIKERE TALUK CHIKMAGALURU DISTRICT, PIN-577 228. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:1733 WP No. 28999 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R4 AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 20.08.2023, PRODUCED AS ANNEXURE-D 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 Learned AGA accepts notice for the respondents. 2. The petitioner is aggrieved by the inaction of the respondents in not reflecting the petitioner's name in the ownership column pursuant to computerization of RTC. The petitioner to substantiate her right in the property claims that this land is granted to her and pursuant to grant her name was mutated in the revenue records and continued till 1998 to 2002. Pursuant to computerization, the petitioner's name is not reflected in RTC. If there is a grant in favour of the petitioner and the petitioner's name was duly mutated to the revenue records based on the grant order, the petitioner has a legal right to seek direction against the respondents. The respondents are - 3 - NC: 2025:KHC:1733 WP No. 28999 of 2024 equally obligated to rectify the computerized RTC by strictly aligning to the manual RTC entries maintained by revenue authorities coupled with the grant order in favour of the petitioner. Since there is inaction on the part of respondents, this is a fit case where a mandamus lies. 3. For the reasons stated supra, this Court passes the following: ORDER i. The writ petition is allowed. ii. Respondent No.4 - Tahasildar is hereby directed to consider the petitioner's representation dated 20.08.2023 and mutate the name of the petitioner in computerized RTC to the extent of 4 acres in Sy.No.24 situated at H.Thimmapura Village, Tarikere Taluk, Chikmagaluru District taking cognizance of existing manual RTC records and all other relevant documents. - 4 - NC: 2025:KHC:1733 WP No. 28999 of 2024 iii. This exercise shall be completed within a period of six weeks from the date of receipt of certified copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 2 Sl No.: 2