Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:5577 WP No. 30759 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.30759 OF 2024 (KLR-RR/SUR)
BETWEEN:
1. SMT.SAVITHRAMMA WIFE OF LATE M.LAKSHMINARAYANA AGED ABOUT 69 YEARS
2. SRI.B.L.LOKESH SON OF LATE M.LAKSHMINARAYANA AGED ABOUT 55 YEARS
3. SRI.NANDAKUMAR SON OF LATE M.LAKSHMINARAYANA AGED ABOUT 53 YEARS
4. SRI.L.RAJANNA SON OF LATE M.LAKSHMINARAYANA AGED ABOUT 49 YEARS
ALL ARE RESIDING AT NO.22, 11TH CROSS LAKSHMINARAYANAPURA BENGALURU-560 021. …PETITIONERS (BY SRI.FAYAZ SAB B G, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:5577 WP No. 30759 of 2024
DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU-560 001
2.
THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT BENGALURU-560 009
3.
THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION 2ND FLOOR, KANDAYA BHAVANA KEMPE GOWDA ROAD BENGALURU-560 009
4.
THE TAHASILDAR BENGALURU EAST TALUK K.R.PURAM - 560 036 BENGALURU RURAL DISTRICT …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION DATED 05.01.2024 SUBMITTED FOR CHANGE OF REVENUE RECORDS IN THE NAMES OF THESE PETITIONERS IN RESPECT OF SCHEDULE PROPERTY, WHICH IS ACQUIRED BY THE M.LAKSHMINARAYANA UNDER A SALE DEED DATED 04.09.2006 AND THE SAME WAS REGISTERED AS DOCUMENT NO.KRI-1- 18880-2006-07, STORED IN C.D.NO.KRID248, DATED 04.09.2006, IN THE OFFICE OF THE SUB-REGISTRAR, K.R.PURAM, BENGALURU, WHICH ARE PRODUCED AND MARKED AS ANNEXURES-F AND B AND ETC.
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NC: 2025:KHC:5577 WP No. 30759 of 2024
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
The petitioners are before this Court feeling aggrieved by the inaction on the part of respondent No.4 – Tahasildar in not acting upon the sale deed obtained by the husband of petitioner No.1 and father of petitioner Nos.2 to 4, which is dated 04.09.2006.
2. Heard learned counsel for the petitioners and learned AGA.
3. Learned AGA, while resisting this writ petition, would point out that the Authorities need some supporting documents before effecting mutation and therefore, a communication is sent to the petitioners.
4. This statement is effectively countered by the
learned counsel appearing for the petitioners indicating
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NC: 2025:KHC:5577 WP No. 30759 of 2024
that no such communication is sent by respondent No.4 – Tahasildar.
5. Be that as it may, respondent No.4 – Tahasildar cannot venture into a summary enquiry before giving effect to the registered sale deed dated 04.09.2006. Such a recourse is not provided under Sections 128 and 129 of the Karnataka Land Revenue Act.
6. Once the jurisdictional Tahasildar is informed in regard to acquisition of rights in the immovable property, more particularly, under registered documents, the respondent No.4 - Tahasildar is under bounden duty to give effect to the registered sale deed and accordingly, effect change of katha aligning to the conveyance indicated in the registered sale deed.
7. The case on hand clearly reflects complete laxness on the part of respondent No.4 – Tahasildar. Though the sale deed is of the year 04.09.2006, there is complete lack of diligence on the part of respondent No.4
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NC: 2025:KHC:5577 WP No. 30759 of 2024
– Tahasildar. This has compelled the petitioners to knock the doors of the Writ Court. Though this is a fit case to impose cost on respondent No.4 – Tahasildar, learned AGA, at this juncture, would intervene and persuade this Court to take lenient view. She would assure this Court that the sale deed dated 04.09.2006 will be acted upon and necessary change of katha will be accomplished within a reasonable period.
8. Recording her assurance, this Court proceeds to pass the following;
ORDER
(i) The writ petition is allowed.
(ii) Respondent No.4 – Tahasildar is forthwith directed to effect change of katha taking cognizance of the sale deed obtained by the husband of the petitioner No.1 and father of petitioner Nos.2 to 4.
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NC: 2025:KHC:5577 WP No. 30759 of 2024
(iii) This exercise shall be accomplished within a period of four weeks from the date of receipt of order copy.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 11