Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 36055 (KAR)

PATEL SHANTHE GOWDA v. GOVERNMENT OF KARNATAKA

WP/34055/2024 · 2025-04-09

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:15145 WP No. 34055 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 34055 OF 2024 (KLR-RES) BETWEEN: 1. PATEL SHANTHE GOWDA SON OF THE LATE NANJEGOWDA AGED ABOUT 74 YEARS R/AT HENNALI VILLAGE YESALURU HOBLI, NIDIGERI POST SAKLESHPURA TALUK HASSAN DISTRICT-573 134. …PETITIONER (BY SRI. JANARDHANA .G, ADVOCATE) AND: 1. GOVERNMENT OF KARNATAKA MINISTRY OF REVENUE REPRESENTED BY ITS REVENUE SECRETARY M.S. BUILDING BENGALURU-560 001. 2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201. 3. ASSISTANT COMMISSIONER SAKLESHPURA HASSAN DISTRICT-573 134. 4. THE TAHSILDAR SAKALESHPURA TALUK Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:15145 WP No. 34055 of 2024 SAKALESHPURA TOWN HASSAN DISTRICT-573 134. …RESPONDENTS (BY SRI. REUBEN JACOB, AAG A/W SRI. V. SHIVA REDDY, AGA) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 4TH RESPONDENT TO REGISTER THE KATHA OF THE SY.NO.36 MEASURING 6 ACRES 12 GUNTAS, SY.NO.178 MEASURING 06 GUNTAS SITUATED AT HENNALI VILLAGE, NIDEGERE POST, YESALURU HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. It is the case of the petitioner that he had earlier approached this Court in W.P.No.29309/2023 seeking for quashing of an order passed by the Assistant Commissioner in relation to an entry made in the RTC as "Sarkari Beellu" and this Court by an order dated 01.03.2024 had allowed the writ petition and had directed the Tahsildar to collect the arrears of land revenue and formally pass an order cancelling the entry in the RTC. - 3 - NC: 2025:KHC:15145 WP No. 34055 of 2024 2. It is the case of the petitioner that in that particular writ petition, two survey numbers namely Sy.No.36 measuring 6 acres 12 guntas and Sy.No.178 measuring 6 guntas both situated at Hennalli Village, Yasaluru Hobli, Sakaleshpur Taluk, Hassan District were not included and, hence, the present writ petition has been filed seeking for a similar order to be passed in respect of the aforementioned two survey numbers. 3. Learned AGA, submits that as against the decision rendered earlier in Shivanna Vs. Deputy Commissioner and others, upon which reliance was placed while allowing W.P.No.29309/2023, the State preferred an appeal. 4. Be that as it may, since the order passed in W.P.No.29309/2023 has not been challenged, it would be appropriate to apply the same principles and direct the respondents to pass a formal order of cancellation and remove the entry of "Sarkari Beellu" - 4 - NC: 2025:KHC:15145 WP No. 34055 of 2024 in the RTC by collecting the arrears of land revenue as has already been held in W.P.No.29309/2023. 5. This exercise shall be undertaken and completed within a period of two months from the date of receipt of a copy of this order. 6. This writ petition is according allowed. 7. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1