- 1 - NC: 2025:KHC:166 WP No. 30721 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 30721 OF 2024 (KLR-RES) BETWEEN: 1. SMT NARAYANAMMA W/O LATE HALAGE VENKATASAMY AGED 67 YEARS R/AT NO.155, S BINGEEPURA VILLAGE JIGANIHBLI, ANEKAL TALUK BANGALROE-560105. …PETITIONER (BY SRI. NAGESH .S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU-560001. 2. THE ASSISTANT COMMISSIONER BENGALRUU SOUTH SUB-DIVISION BENGALRUU URBAN DISTRICT KANDAYA BHAVANA K G ROAD BENGALURU-560009. 3. TEH TAHSILDAR ANEKAL TALUK ANEKAL BENGALURU-562106. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:166 WP No. 30721 of 2024 4. THE REVENUE INSPECTOR JIGANI HOBLI ANEKAL TALUK-560105. …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO TAKE TIMELY ACTION AND ISSUE REVENUE DOCUMENTS IN THE NAME OF THE PETITIONER AS PER THE ORDERS PASSED IN RA(A) NO.273/2021, DATED 20.12.2021 VIDE ANNEXURE-A AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioner is seeking a mandamus alleging that there is total inaction on the part of respondent No.3/Tahsildar in not complying with the directives issued by the respondent No.2/Assistant Commissioner evidenced at Annexure-A. 2. The facts leading to the case are as under: The subject matter of the petition is agricultural land bearing Sy.No.179. Petitioner's father-in-law Kariyappa who was a landless person was cultivating the petition - 3 - NC: 2025:KHC:166 WP No. 30721 of 2024 land. Petitioner's father-in-law accordingly applied for regularization of his unauthorized cultivation. The competent authority after due enquiry granted the land in question vide order dated 18.06.1977 and by imposing suitable conditions, issued Saguvali chit. The grant order passed by the competent authority is evidenced at Annexure-D and Saguvali chit is evidenced at Annexure-C. 3. Petitioner feeling aggrieved by the inaction on the part of the respondents in not mutating her name, she being the daughter-in-law, preferred appeal before the Assistant Commissioner under Section 136(2). The respondent No.2/Assistant Commissioner allowed the appeal and directed the respondent No.3/Tahsildar to mutate the name of the petitioner in the revenue records pertaining to Sy.No.179 measuring 3 acres. Though a direction is issued in 2021, petitioner alleges that there is complete inaction on the part of the respondent No.3 in not complying the directions issued by the respondent No.2/Assistant Commissioner. - 4 - NC: 2025:KHC:166 WP No. 30721 of 2024 4. Learned AGA, on instructions, submits that the Special Deputy Commissioner is required to hold an enquiry in regard to genuineness of grant in the case on hand. She would also point out that enquiry is pending before the Special Deputy Commissioner and is yet to commence. 5. The records reveal that a grant had been issued in favour of the petitioner's father-in-law. However, it is evident that no corresponding mutation has been effected in the revenue records to reflect this grant. In light of this, the Court holds the view that the matter warrants a detailed enquiry by the Special Deputy Commissioner. Nevertheless, the initiation of such an enquiry cannot be used as a pretext to indefinitely delay the petitioner's rightful claim to seek mutation of the land based on the grant order and the subsequent issuance of the Saguvali Chit. It is imperative that the Special Deputy Commissioner, upon being entrusted with the responsibility of conducting the inquiry, issues notices to - 5 - NC: 2025:KHC:166 WP No. 30721 of 2024 all relevant stakeholders to ensure transparency and fairness in the process. Furthermore, the enquiry must be conducted in a timely manner, and appropriate orders must be passed in accordance with the prevailing legal framework. To ensure that the rights of the petitioner are not unjustly hindered, the Court deems it necessary to issue suitable and specific directions to this limited extent. 6. For the foregoing reasons, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed; (ii) The respondent No.2/Assistant Commissioner shall forthwith send a communication to the concerned Special Deputy Commissioner and communicate the order passed by this Court within a period of three weeks from the date of receipt of a copy of this order; (iii) The Special Deputy Commissioner on receipt of intimation by the respondent No.2/Assistant Commissioner and receipt of order passed by this Court shall commence with - 6 - NC: 2025:KHC:166 WP No. 30721 of 2024 enquiry after notifying the petitioner and all interested parties and pass appropriate orders; (iv) This exercise shall be accomplished by the Special Deputy Commissioner within a period of five months from the date of receipt of a copy of this order. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 1 Sl No.: 46