Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6344 WP No. 35710 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. 35710 OF 2024 (LB-RES) BETWEEN:
SHRI B ESHWAR BHAT, AGED ABOUT 65 YEARS, S/O. LATE B NARAYANA BHAT, R/AT DHARMADI, URUVALU VILLAGE, BELTHANGADI TALUK, DAKSHINA KANNADA - 575 001.
SENIOR CITIZEN BENIFICIARY NOT CLAIMED. …PETITIONER (BY SRI. ANISH ACHARYA., ADVOCATE) AND:
1.
STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPLE SECRETARY, AMBEDKAR VIDHI, VIDHANA SOUDHA - 560 001.
BY AGA HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2.
DEPUTY COMMISSIONER, DAKSHINA KANNADA, MANGALURU - 575 001.
3.
ASSISTANT COMMISSIONER, PUTTURU SUB-DIVISION, DAKSHINA KANNADA, MANGALURU - 575 001.
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:6344 WP No. 35710 of 2024
4. TAHASHILDAR, TALUK OFFICE BELTHANGADY, BELTHANAGADY, DAKSHINA KANNADA, MANGALURU - 575 001.
5.
THE KARNATAKA LOKAYUKTA, OFFICE AT/ DR. BR AMBEDKAR ROAD, MS BUILDING, BANGALORE - 560 001.
REPRESENTED BY AGA/SPL.PP, HIGH COURT OF KARNATAKA, BANGALORE - 560 001. …RESPONDENTS (BY SMT.B.P.RADHA., AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE R-1 TO 5 TO TRANSFER THE KHATA IN FAVOR AND CONSEQUENTLY MUTATE ALL THE NECESSARY REVENUE RECORDS IN FAVOR OF THE PETITIONER AS PER THE RELEASE DEED DTD 09.09.2022 VIDE ITS REGISTERED DOCUMENT BEARING NO. BLT-1-02856-2022-23 AT ANN-B 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 Learned Additional Government Advocate today has filed the compliance report indicating that respondent No.3 - Assistant Commissioner has removed the flag and thereby has issued NOC to respondent No.4 - Tahashildar
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NC: 2025:KHC:6344 WP No. 35710 of 2024
to enable him to mutate petitioners name in the RTC pertaining to the petition land.
2. In the light of compliance at the hands of the respondent No.3 - Assistant Commissioner, this Court deems it fit to issue appropriate directions to respondent No.4 - Tahashildar to take cognizance of NOC issued by respondent No.3 - Assistant Commissioner and mutate petitioners name to the petition land by taking cognizance of the registered relinquish deed, which is evidenced at Annexure - B. This is a fit case, where now a mandamus lies against respondent No.4 - Tahashildar.
3. For the foregoing reasons this Court passed the following:
ORDER i. Writ petition is allowed. ii. Respondent No.4 -Tahashildar shall take cognizance of NOC issued by respondent No.3 - Assistant Commissioner which is
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NC: 2025:KHC:6344 WP No. 35710 of 2024
addressed to Tahashildar in
order No.RRT(3)CR:421/2024 and forthwith effect change of katha by taking cognizance of the registered relinquished deed obtained by petitioner. iii. This exercise shall be accomplished by respondent No.4 - Tahashildar within the period of four weeks from the date of receipt of copy of this Order. iv. It is also made clear that respondent No.4 - Tahashildar shall ensure that NOC is secured from the office of respondent No.3 - Assistant Commissioner, forthwith and action is accomplished.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE KVR List No.: 1 Sl No.: 17