Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7716 WP No. 35518 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.35518 OF 2024 (KLR-RES)
BETWEEN:
SRI.PUTTARAJU B SON OF BETTEGOWDA AGED ABOUT 45 YEARS RESIDING AT BYRASANDRA VILLAGE GULURU HOBLI TUMAKURU TALUK-572 104 TUMAKURU DISTRICT …PETITIONER (BY SRI. FAYAZ SAB B G, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING BENGALURU-560 001
2.
THE DEPUTY COMMISSIONER TUMAKURU DISTRICT TUMAKURU-572 101
3.
THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION TUMAKURU DISTRICT TUMAKURU-572 101.
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7716 WP No. 35518 of 2024
4.
THE TAHASILDAR TUMAKURU TALUK TUMAKURU-572 101 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS AND DIRECT THE R4 TO CHANGE OF REVENUE RECORDS IN THE NAME OF THE PETITIONER IN RESPECT OF SCHEDULE PROPERTY WHICH IS PURCHASED BY THE PETITIONER UNDER THE SALE DEED DATED 24/8/2024 AND THE SAME IS REGISTERED AS DOCUMENT NO.TMK-1-09266-2024-25, BOOK NO.1, STORED IN CENTRAL RECORD ROOM, REGISTERED ON 29/08/2024 IN THE OFFICE OF THE SUB-REGISTRAR, TUMAKURU BY REFLECTING THE NAME OF THE PETITIONER IN COMPUTERIZED RTC AND MUTATION REGISTER WHICH IS PRODUCED AND MARKED AS ANN-D 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 compelled to approach this Hon’ble Court under writ jurisdiction due to the complete inaction of respondent No.4 – Tahasildar. Despite the petitioner
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NC: 2025:KHC:7716 WP No. 35518 of 2024
acquiring lawful title through the registered sale deed dated 24.08.2024, respondent No.4 has failed to initiate the process of effecting the change of khata. The petitioner, having submitted the necessary application along with the required documents, has received no response or action from the concerned authority.
2. In this case, the petitioner is under no legal obligation to inform respondent No.4 – Tahasildar about the acquisition of rights, as the registered sale deed serves as sufficient notice. It is the bounden duty of respondent No.4 to process the change of khata based on the registered documents obtained from the Sub-Registrar. However, the respondents have exhibited complete inaction, compelling the petitioner to seek relief from this Hon’ble Court.
3. Once the jurisdictional Tahasildar is informed in regard to acquisition of rights in the immovable property, more particularly, under registered documents, the respondent No.4 - Tahasildar is under bounden duty to
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NC: 2025:KHC:7716 WP No. 35518 of 2024
give effect to the registered sale deed and accordingly, effect change of katha aligning to the conveyance indicated in the registered sale deed.
4. The case on hand clearly reflects complete laxness on the part of respondent No.4 – Tahasildar. Though the sale deed is dated 24.08.2024, there is complete lack of diligence on the part of respondent No.4 – Tahasildar. This has compelled the petitioner to knock the doors of the Writ Court. Though this is a fit case to impose cost on respondent No.4 – Tahasildar, learned HCGP, at this juncture, would intervene and persuade this Court to take lenient view. He would assure this Court that the sale deed dated 24.08.2024 will be acted upon and necessary change of katha will be accomplished within a reasonable period.
5. For the foregoing reasons, this Court proceeds to pass the following;
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NC: 2025:KHC:7716 WP No. 35518 of 2024
ORDER (i) The writ petition is allowed.
(ii) Respondent No.4 – Tahasildar is hereby forthwith directed to effect katha by taking cognizance of the sale deed dated 24.08.2024 and mutate the petitioner’s name to the RTC pertaining to the petition land.
(iii) This exercise shall be accomplished within a period of four weeks from the date of receipt of order copy.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 16