Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3552 WP No. 24 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 24 OF 2025 (KLR-LG) BETWEEN:
SMT. SAHANA W/O MADHU H.R., AGED ABOUT 24 YEARS, R/AT HONNAGANAHALLI VILLAGE, ARAKALAGUDU TALUK, HASSAN DISTRICT 573 136 …PETITIONER (BY SRI. SHIVANINGAPPA NADUVINAMANI, ADVOCATE) AND:
1.
STATE OF KARNATAKA DEPARTMENT OF REVENUE, M.S. BUILDING, BANGALORE-5600 01, REP/BY ITS SECRETARY.
2.
THE DEPUTY COMMISSIONER, HASSAN DISTRICT-573 214.
3.
THE ASSISTANT COMMISSIONER, SAKALESHAPURA, HASSAN DISTRICT-573 134.
4.
THE TAHASILDAR SAKALESHAPUR TALUK, HASSAN DISTRICT-573 134
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:3552 WP No. 24 of 2025
5.
THE SPECIAL LAND ACQUISITION OFFICER FOR HEMAVATI RESERVOIR PROJECT, HASANA-573 214 …RESPONDENTS (BY SRI. MANJUNATH K., HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING THE IMPUGNED ORDER NO. RRT(V) 100/24-25 DATED 9.10.2024 IS HEREBY PRODUCED AS VIDE ANNEXURE-F PASSED BY R4 AND DIRECTING THE R-2 TO MUTATE THE KHATA IN THE NAME OF THE PETITIONER AND ALLOW THE WP.
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 writ petition is filed seeking mandamus against respondents to effect change of katha by way of inheritance. Alleging inaction on the part of the respondent No.4, this petition is filed.
2. Heard the learned counsel for the petitioner and learned HCGP appearing for the respondents.
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NC: 2025:KHC:3552 WP No. 24 of 2025
3.
Learned counsel for the petitioner asserts that the petition land was granted to his mother Smt. Lalitamma, and her name was mutated based on the grant made in her favour. Petitioner is aggrieved by the inaction on the part of the fourth respondent - Tahsildar, who has failed to effect change of katha despite petitioner furnishing the death certificate of her mother which is evidenced in Annexure-B. Petitioner asserts that she is the sole surviving Class-I Heir of Smt. Lalithamma and that she has inherited the petition land. 4. Once an application is filed before the Tahsildar reporting the death of the original owner, the Tahsildar is obligated to examine the relevant records annexed with the application seeking change of katha by way of inheritance. Records reveal that there is a clear lack on diligence on the part of the fourth respondent - Tahsildar in not effecting the change of katha. - 4 -
NC: 2025:KHC:3552 WP No. 24 of 2025
5. Learned HCGP submits that this petition land is now is subjected to enquiry before fifth respondent - Special Land Acquisition Officer and therefore petitioner's name cannot be mutated. Citing the RTC which is found at page.10, he would point that there is status-quo order. 6. Having taken cognizance of the statement by the learned HCGP, this Court is of the view that the fifth respondent - Special Land Acquisition Officer shall expedite the enquiry. If the grant made in favour of petitioner's mother is found to be genuine and valid, fourth respondent - Tahsildar after securing intimation from fifth respondent, shall forthwith mutate the petitioner's name. The fourth respondent - Tahsildar shall also seek a clarification from the fifth respondent - Special Land Acquisition Officer in regard to pendency of enquiry. If it is found that there is enquiry insofar as the petition land is concerned, the fourth respondent - Tahsildar shall ensure that change of katha is accomplished within eight weeks from the date of such intimation. - 5 -
NC: 2025:KHC:3552 WP No. 24 of 2025
7. At this juncture, in view of the enquiry pending before the fifth respondent - Special Land Acquisition Officer, this Court is not inclined to issue mandamus. Petitioner will acquire a legal right to seek change of katha only after conclusion of the enquiry pending before the respondent No.5 - Special Land Acquisition Officer.
Accordingly, the writ petition stands disposed off. SD/- (SACHIN SHANKAR MAGADUM) JUDGE
JJ List No.: 1 Sl No.: 27