Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 36781 (KAR)

SMT. YASHODAMMA v. THE STATE OF KARNATAKA

WP/35053/2024 · 2025-02-04

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:5017 WP No. 35053 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.35053 OF 2024 (KLR-RR/SUR) BETWEEN: SMT.YASHODAMMA W/O KRISHNAPPA AGED 55 YEARS R/AT JOGIPALYA VILLAGE JOGIPALYA DHAKALE KASABA HOBLI NELAMANGALA TALUK BENGALURU RURAL DISTRICT PIN:562 123 …PETITIONER (BY SRI. RAVI SHANKAR K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU - 560 001 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT DISTRICT ADMINISTRATIVE OFFICE KUNDANA DEVANAHALLI TALUK BENGALURU RURAL DISTRICT Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:5017 WP No. 35053 of 2024 3. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DVN., DODDBALLAPUR-561 203 4. THE TAHSILDAR TALUK ADMINISTRATIVE OFFICE NELAMANGALA TOWN-562 123 …RESPONDENTS (BY SMT.B.P.RADHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT AGAINST THE RESPONDENT NO.4 - TAHSILDAR TO INCORPORATE THE NAME OF PETITIONER IN THE RELEVANT REVENUE RECORDS, BY CONSIDERING THE REPRESENTATION DATED 10.09.2024 AT ANNEXURE-F, IN RESPECT OF AGRICULTURAL LAND BEARING SY.NO.194 MEASURING AN EXTENT OF 3 ACRES 32 GUNTAS SITUATED AT BYRASANDRA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK 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 seeking change of katha based on the Probate granted by the Probate Court in P & SC No.43/2021, which is evidenced at Annexure-C. - 3 - NC: 2025:KHC:5017 WP No. 35053 of 2024 2. Learned Additional Government Advocate (AGA), upon instructions, submits that the representation made by the petitioner is misplaced. Taking note of this submission, this Court deems it appropriate to treat the present writ petition itself as a representation. Accordingly, the learned AGA is directed to forward a copy of the petition, which has been duly served on her by the learned counsel representing the petitioner, to the concerned authority. 3. Upon receiving the necessary records from the Office of the Advocate General, High Court of Karnataka, respondent No.4 – the Tahsildar, shall take immediate steps to ensure that the requisite mutations are duly certified in accordance with law. The Tahsildar shall further ensure that the petitioner’s name is appropriately reflected in the relevant revenue records, strictly based on the Probate Certificate issued by the competent Probate Court. - 4 - NC: 2025:KHC:5017 WP No. 35053 of 2024 4. For the foregoing reasons, this Court proceeds to pass the following; ORDER (i) The writ petition is allowed. (ii) Learned AGA shall forthwith forward copy of the writ petition to the jurisdictional Tahasildar. (iii) Respondent No.4 – Tahasildar, on receipt of copy of the writ petition, shall take cognizance of the Probate Certificate issued by the Probate Court and effect change of katha in accordance with law. (iv) Respondent No.4 – Tahasildar shall ensure that change of katha is accomplished within a period six weeks from the date of receipt of the order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 30