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2025 DAILYLAW 35023 (KAR)

SMT GANGAMMA v. STATE OF KARNATAKA

WP/32174/2024 · 2025-02-14

N S Sanjay Gowda

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Judgment text

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- 1 - NC: 2025:KHC:6777 WP No. 32174 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 32174 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT GANGAMMA W/O LATE M. GANGADHARAPPA AGED ABOUT 79 YEARS RESIDING NEAR WELCOME BOARD, B.H ROAD, ANANDAPURA, GAURIBIDANUR TOWN, CHIKKABALLAPUR DISTRICT-561208 SENIOR CITIZEN BENEFIT NOT CLAIMED …PETITIONER (BY SRI. VIGNESHWARA.S.SHASTRY., SENIOR COUNSEL FOR SMT. AISHWARYA HEGDE M V., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO REVENUE DEPARTMENT, MS BUILDING, BANGALORE-560001 2. DEPUTY COMMISSIONER CHIKKABALLAPURA DIST. CHIKKABALLAPUR-562101 3. ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB DIVISION, CHIKKABALLAPUR-562101 4. TAHASILDAR GOWRIBIDANURU TALUK, CHIKKABALLAPURA DIST-561208 …RESPONDENTS (BY SRI. RAHUL CARIAPPA., AGA) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:6777 WP No. 32174 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO ENTER THE NAME OF PETITIONER IN THE COMPUTERIZED ENTRIES OF RTC IN RESPECT OF LAND IN SURVEY NO. 12/4 TO THE EXTENT OF 2 ACRE 20 GUNTAS SITUATED IN GUNDAPURA VILLAGE, KASABA HOBLI, GAURIBIDANUR TALUK, CHIKKABALLAPUR DISTRICT, MORE FULLY DESCRIBED IN THE SCHEDULE BELOW AS SUCH GAVE REPRESENTATION ON 20.08.19 AND 04.10.24 AS PER ANNEXURE-M TO M2, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for issuance of a direction to the respondents to enter the name of the petitioner in the computerised revenue records in respect of land bearing Sy.No.12/4 measuring 02 acres 20 guntas. 2. It is the case of the petitioner that the land in question was granted to her husband, as per the Grant Certificate, a copy of which is produced at Annexure ‘E’. - 3 - NC: 2025:KHC:6777 WP No. 32174 of 2024 3. The learned Senior Counsel for the petitioner points out that in the said Grant Certificate, the name of the petitioner’s husband as well as the petitioner’s name were entered and subsequent to the order of this Grant Certificate, the revenue entries were also mutated vide Annexure ‘F’ and her husband’s name was reflected in the RTC. 4. It is submitted that the husband of the petitioner passed away on 12.11.2001 and despite the request made in this regard, the name of the petitioner was not mutated though she was the wife of the Khatedar. 5. The learned Senior Counsel for the petitioner further submits that the Revenue Authorities are refusing to entertain the application on the premise that the area in question has now been brought within the limits of the Gowribidanuru City Municipal Council and therefore, it would not be permissible for them to entertain a claim for change of entries in the RTC. - 4 - NC: 2025:KHC:6777 WP No. 32174 of 2024 6. So long as the revenue entries stood in the name of the petitioner’s husband, obviously, on his death, the revenue authorities are bound to enter the name of the legal heirs of the Khatedar. 7. Since the petitioner is the wife of the Khatedar, the revenue authorities would have to necessarily consider her request for mutating her name in the place of her husband. 8. The reason, if any, that the area comes within the limits of newly constituted Gowribidanuru City Municipal Council, cannot be a reason for refusing to entertain the claim of the petitioner. 9. The respondents are therefore directed to consider the claim of the petitioner for getting her name in the computerised revenue records in place of her husband—M.Gangadharappa. - 5 - NC: 2025:KHC:6777 WP No. 32174 of 2024 10. The said exercise shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order. 11. The writ petition is accordingly disposed of. Sd/- (N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 87