- 1 - NC: 2025:KHC:1640 WP No. 35077 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 35077 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. N. MALLIKARJUNAIAH, S/O NANJUNDAPPA, AGED ABOUT 52 YEARS, RESIDING AT BAHUJANAHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK- 572 128. …PETITIONER (BY SRI. RAJESWARA P.N, ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, MINI VIDHANA SOUDHA, TUMAKURU, TUMAKURU DISTRICT - 572 101. 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKURU - 572 132. 4. THE DEPUTY DIRECTOR OF LAND RECORDS, OFFICE OF THE DEPUTY DIRECTOR OF LAND RECORDS, NO.213, 2ND FLOOR, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1640 WP No. 35077 of 2024 MINI VIDHANA SOUDHA, TUMAKURU DISTRICT - 572 101. 5. THE TAHSILDAR, TUMAKURU TALUK, TUMAKURU - 572 101. …RESPONDENTS (BY SMT. B.P. RADHA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO BRING THE 00.08 GUNTAS OF A KHARAB LAND SITUATED IN SY NO. 4/1, 0.00.08 GUNTAS OF A KHARAB LAND SITUATED IN SY NO. 4/2, 0.00.12 GUNTAS OF A KHARAB LAND SITUATED IN SY NO. 4/4, 0.00.12 GUNTAS OF A KHARAB LAND SITUATED IN SY NO.4/5, 0.00.12 GUNTAS OF A KHARAB LAND SITUATE IN SY NO. SY NO. 4/6 OF BAHUJANAHALLI VILLAGE, KORA HOBLI, TUMAKURU TALUK UNDER KIRDA SUGA AND TO DETERMINE THE ASSESSMENT UNDER SEC 84(2) AND SEC 122(B) OF THE KARNATAKA LAND REVENUE ACT, 1964 BY CONSIDERING THE PETITIONERS REPRESENTATIONS ALL DATED 14.10.2024 AT ANNX-A TO A4. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM - 3 - NC: 2025:KHC:1640 WP No. 35077 of 2024 ORAL ORDER The petitioner is aggrieved by non consideration of the representation dated 14.10.2024, where a request is made to bring the petition lands, which are classified as 'A' kharab lands under 'kirda sagu' and determine the assessment under Section 84(2) and Section 122B of the Karnataka Land Revenue Act, 1964 ( for short, 'Act'). 2. Facts leading to the case are as under: The petitioner is aggrieved by the nonconsideration of the petitioner's request where a request is made to permit the petitioner to cultivate the petition lands, which are classified as 'A' kharab lands. Citing the relevant provisions, namely, Section 84(2) and Section 122B of the Act, the petitioner is asserting that he is entitled to seek mandamus thereby directing the respondents to determine the assessment so that the petition lands can be subjected to cultivation. - 4 - NC: 2025:KHC:1640 WP No. 35077 of 2024 3. Learned AGA, however, submits that unless an enquiry is held and the authorities verify that the petition lands are classified as 'A' kharab land, there can't be any determination of assessment. 4. Having heard the learned counsel on record for respective parties, this Court is of the view that though representation is submitted on 14.10.2024, there is some laxness on the part of authorities in not holding an enquiry to ascertain whether the petition lands can be subjected to cultivation and therefore, consequently, required determination of assessment. If there is inaction, the petitioner has a legal right to seek directions at the hands of this Court. This is a fit case where a mandamus lies. 5. For the foregoing reasons, this Court passes the following: ORDER i. The writ petition is allowed; ii. Respondent No.2-Deputy Commissioner, is hereby directed to consider the representation - 5 - NC: 2025:KHC:1640 WP No. 35077 of 2024 strictly aligning to the mandate provided under Section 84(2) and Section 122B of the Act and pass appropriate orders in accordance with law; iii. This exercise shall be accomplished within a period of six months from the date of receipt of order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 27 CT: BHK