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2025 DAILYLAW 36516 (KAR)

SRI K Y GANESH GOWDA v. STATE OF KARNATAKA

WP/36466/2024 · 2025-03-06

N S Sanjay Gowda

body2025

Judgment text

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- 1 - NC: 2025:KHC:9526 WP No. 36466 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 36466 OF 2024 (KLR-RES) BETWEEN: 1. SRI K Y GANESH GOWDA S/O.LATE. YETTUGALLAPPA, AGED ABOUT 44 YEARS, R/O.KOTTIGANAHALLI VILLAGE, HUTTURU HOBLI, KOLAR-563132 …PETITIONER (BY SRI. D.P.MAHESH., ADVOCATE FOR SRI. LEELAKANTA SWAMY C S., ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S BUILDING, BENGALURU 560001. 2. THE DEPUTY COMMISSIONER, KUMBARAHALLI, KOLAR DISTRICT, KOLAR – 563101 3. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION, GANDHI NAGAR, GOWRIPETE, KOLAR 563101. 4. THE TAHSILDAR, KOLAR SUB-DIVISION, NEAR BRINDAVAN CIRCLE, GOWRIPETE, KOLAR 563101. …RESPONDENTS (BY SRI. MANJUNATH.K., HCGP) Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:9526 WP No. 36466 of 2024 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASHING THE IMPUGNED ORDER PASSED BY 4TH RESPONDENT, TAHSILDAR, KOLAR TALUK IN NO/RRT/CR/93/24-25 DATED 09.08.2024 VIDE ANNEXURE-T, ETC. 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. The case of the petitioner was that, land bearing Sy.No.88 measuring 1 acre 13 guntas was granted to his father on 20.05.1978, vide Annexure – A and pursuant to the grant, his father’s name was also entered in the RTC. 2. It is his further case that, on computerization of the RTC, his father’s name was omitted and, therefore, a request was made by him to rectify the mistake. 3. However, the Tahsildar has now issued an endorsement, in which, he has not even taken into consideration that the petitioner was claiming that - 3 - NC: 2025:KHC:9526 WP No. 36466 of 2024 the land was granted to his father and the name of his father had been entered pursuant thereto. 4. The Tahsildar without even noticing the contentions of the petitioner has gone on to state that the land in question was a B-kharab land and, therefore, the request of the petitioner for effecting khata cannot be considered. 5. Since the Tahsildar has not even considered the claim of the petitioner that the land have been granted to his father and his father’s name was recorded in the RTC for several years, in my view, the impugned endorsement cannot be sustained and the same is quashed. 6. The Tahsildar shall reconsider the entire matter and the Tahsildar is directed to take into consideration the specific case put forth by the petitioner that the land in question was a granted land way back in the 1978 and the revenue entries were also mutated in - 4 - NC: 2025:KHC:9526 WP No. 36466 of 2024 favour of the father of the petitioner and his name was reflected in the RTC for several years. 7. This exercise shall be undertaken and completed within a period of three months from the date of receipt of the copy of this order. 8. This writ petition is accordingly disposed of. 9. 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 Sl No.: 10