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NC: 2025:KHC:7715 WP No. 35498 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.35498 OF 2024 (KLR-RR/SUR)
BETWEEN:
SRI.K.H.SHIVANNA AGED ABOUT 72 YEARS S/O HANUMANTHARAYAPPA NO.48, NEAR BASAVANNA TEMPLE KOLIPURA BANDI KODIGEHALLI BENGALURU-562 149 …PETITIONER (BY SRI. MOHAMMED TIPPU SULTAN, ADVOCATE) AND:
1.
STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 REP. BY ITS PRINCIPAL SECRETARY
2.
THE TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI TOWN-562 110 BENGALURU RURAL DISTRICT …RESPONDENTS (BY SRI.MANJUNATH K, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE R2 TO CONSIDER THE REPRESENTATION DATED 19/09/1991
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7715 WP No. 35498 of 2024
AND 05/08/1996 PRODUCED AT ANN-C AND D RESPECTIVELY SUBMITTED BY THE PETITIONER, IN ACCORDANCE WITH LAW, BY ALLOWING THIS WRIT PETITION AND ETC.
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 petitioner is seeking mandamus against the respondent No.2 - Tahasildar to consider the representations dated 19.09.1991 and 05.08.1996 tendered at Annexures-C and D and pass appropriate orders and mutate the petitioner’s name based on the Grant Order and Saguvali Chit issued by the jurisdictional Tahasildar.
2. Heard learned counsel appearing for the petitioner and learned HCGP.
3. The learned High Court Government Pleader (HCGP) contends that the grant in question dates back to the year 1984. Consequently, it is imperative for the
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NC: 2025:KHC:7715 WP No. 35498 of 2024
concerned authority to thoroughly examine the authenticity and validity of the said grant. The petitioner has filed the present writ petition, relying on the Grant Certificate issued in accordance with Form No.1, which has been presented as evidence and is marked as Annexure-A. However, the petitioner has not submitted the original Grant Order before this Court. In the event that the petitioner furnishes the Grant Order, it will be incumbent upon respondent No.2 to obtain and secure the original records related to the grant. Thereafter, respondent No. 2 shall undertake a detailed verification process of the records and proceed to pass appropriate orders in accordance with the findings.
4. With these above observations, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed.
(ii) The petitioner shall place on record the original grant order, which is
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NC: 2025:KHC:7715 WP No. 35498 of 2024
dated 12.06.1984, along with Saguvali Chit. (iii) If the relevant documents are produced, respondent No.2 shall secure original records and verify the genuineness of the Grant Order and proceed to pass the appropriate orders. (iv) If, on enquiry, the Grant Order and Saguvali Chit are found genuine, respondent No.2 – Tahasildar shall ensure that petitioner’s name is mutated to the RTC pertaining to the granted land in accordance with law. (v) This exercise shall be accomplished within a period of four months from the date of receipt of order copy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 15