Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 35362 (KAR)

DODDASIDDAIAH v. STATE OF KARNATAKA

WP/32806/2024 · 2025-02-12

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:6345 WP No. 32806 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 32806 OF 2024 (KLR-RES) BETWEEN: DODDASIDDAIAH, S/O THIMMAIAH, SINCE DEAD BY LRS PUTTASIDDAIAH, S/O LATE DODDASIDDAIH, SINCE DEAD BY LR SMT PUTTALINGAMMA, W/O LATE PUTTASIDDAIAH, AGED ABOUT 68 YEARS, AGRICULTURIST, RESIDENT OF TYAGATURU, NITTURU HOBLI, GUBBI TALUK, TUMKURU DISTRICT - 572 223. …PETITIONER (BY SRI. GANGADHARAPPA A V., ADVOCATE) AND: 1. STATE OF KARNATAKA, REP BY PRINCIPAL SECREATRY TO GOVERNMENT, REVENUE DEPARTMENT, M S BUILIDNG, BENGALURU - 560 001. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6345 WP No. 32806 of 2024 2. DIRECTOR AND COMMISSIONER FOR SURVEY SETTLEMENT AND LAND RECORDS, K R CIRCLE, BENGALURU - 560 001. 3. DEPUTY COMMISSIONER, TUMKURU DISTRICT, TUMAKURU - 572 101. 4. ASSISTANT COMMISSIONER, TUMKURU SUB DIVISION, TUMKURU - 572 101. 5. ASSISTANT DIRECTOR OF LAND RECORS, GUBBI TALUK, TUMKURU DISTRICT - 572 216. 6. TAHSILDAR, GUBBI TALUK, TUMKURU DISTRICT - 572 216. …RESPONDENTS (BY SRI.MANJUNATH K., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING RESPONDENTS TO EFFECT AKARABANDH, FIX LAND REVENUE, ASSIGN SURVEY NUMBER AND ISSUE RTC BY REMOVING HATTI IN ALL THE REVENUE RECORDS WITH REGARD TO 1 ACRE 2 GUNTAS OF LAND SITUATED IN SAMUDRANAKOTE VILLAGE, NITTURU HOBLI, GUBBI TALUK, TUMKURU DISTRICT WHICH IS GRANTED DODDASHIDDAIAH S/O THIMMAIH, VIDE ORDER PASSED BY THE R4 IN NO. DIS.A.C.980/58H DATED 08/02/1959 AS STATED IN THE SAGUVALI CHIT DATED 04/07/1959 ISSUED BY THE R6 TRUE COPY OF WHICH IS PRODUCED AS ANNEXURE-B AND ETC., - 3 - NC: 2025:KHC:6345 WP No. 32806 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 This petition is filed seeking mandamus against respondents to effect akarabandh, fix land revenue and assign survey number and consequently issue RTC by removing endorsement 'hatti' which is reflected in the revenue records. Insofar as 1 acre 2 guntas of land situated at Samudranakote Village, Nitturu Hobli, Gubbi Taluk, Tumkur District. 2. Heard the learned Counsel for the petitioner and learned High Court Government Pleader appearing for respondents. 3. The petitioner asserts her claim to the title of the disputed land by tracing it through her father-in-law, Doddashiddaiah, son of Thimmaiah, who was originally granted the land in question by the competent authority through an order dated 08.02.1959. In support of her claim, the petitioner has relied upon the official records, - 4 - NC: 2025:KHC:6345 WP No. 32806 of 2024 including the Saguvali Chit (title deed) issued in favor of the original grantee, Doddashiddaiah. Furthermore, the petitioner has placed reliance on the confirmation order issued by Respondent No.4 – the Assistant Commissioner, who has regularized 1 acre 2 guntas of land in favor of the original grantee. 4. The petitioner, being the daughter-in-law of the original grantee, has submitted a detailed representation to Respondents Nos.3 to 6, urging the authorities to take necessary steps for the implementation of the grant. Specifically, she has requested the competent authorities to effect akarabandh, determine the applicable land revenue, and assign a survey number to the granted land. Despite the submission of her representation, the petitioner contends that there has been an unreasonable delay and inaction on the part of the respondents, which has necessitated her approach to this Hon’ble Court seeking appropriate relief. - 5 - NC: 2025:KHC:6345 WP No. 32806 of 2024 5. The grant of the land in favor of the original grantee, Doddashiddaiah, dates back to the year 1959. Pursuant to the said grant order, the authorities, acting within their jurisdiction, had also issued a Saguvali Chit, as evidenced in Annexure - B, which serves as documentary proof of lawful possession. The petitioner, being the daughter-in-law and a legal heir of the original grantee, asserts her right to inherit the property and seeks appropriate legal directions to ensure the enforcement of the grant in her favor. 6. Given the fact that the petitioner has traced her title through inheritance and has placed reliance on documentary evidence supporting her claim, she has a legitimate legal right to seek appropriate relief at the hands of this Hon’ble Court. The respondents, having received the representation submitted by the petitioner, are under a legal obligation to examine the claim by verifying the relevant land records and issuing necessary orders in accordance with the law. However, due to the - 6 - NC: 2025:KHC:6345 WP No. 32806 of 2024 continued inaction of the concerned authorities, the petitioner has been left with no alternative remedy but to invoke the extraordinary jurisdiction of this Hon’ble Court by way of the present petition. This case, therefore, warrants the issuance of a writ of mandamus directing the respondents to take necessary action on the petitioner’s representation and to ensure compliance with the legal requirements governing the grant and regularization of the land. 7. For the foregoing reasons, this Court has passed the following: ORDER i. Writ petition is allowed. ii. Respondent Nos.3 to 6 are hereby directed to give due consideration to the following representations, which have been submitted as detailed below: a. The representation dated 18.03.2024, which was submitted to Respondent No.6 - 7 - NC: 2025:KHC:6345 WP No. 32806 of 2024 on 06.04.2024, and is produced at Annexure-H1; b. The representation dated 18.03.2024, submitted to Respondent No.1 on 12.04.2024, and is produced at Annexure-H; c. The representation dated 18.03.2024, submitted to Respondent Nos.3 and 4 on 24.04.2024, and is produced at Annexures-H2 and H3, respectively. iii. The respondents are directed to carefully consider the contents of these representations and take appropriate actions or pass suitable orders in accordance with the law. iv. This exercise shall be accomplished by the respondents within a period of four months from the date of receipt of the copy of this Order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE KVR List No.: 1 Sl No.: 10