- 1 - NC: 2025:KHC:2806 WP No. 36212 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.36212 OF 2024 (KLR-RR/SUR) BETWEEN: SRI. YELLAPPA S/O LATE MOTAPPA, AGED ABOUT 60 YEARS, R/OF KODYALA KARENAHALLI VILLAGE, BIDADI HOBLI, RAMANAGARA TALUK, RAMANAGARA DISTRICT - 562 109. …PETITIONER (BY SRI. MAHESH K H., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, DISTRICT OFFICE ROAD, BENGALURU - 560 009. 2. THE TAHSILDAR, BENGALURU SOUTH TALUK, KEMPEGOWDA ROAD, GANDHINAGAR, BENGALURU - 560 009. 3. THE SPECIAL TAHSILDAR, BENGALURU SOUTH TALUK, KEMPEGOWDA ROAD, GANDHINAGAR, Digitally signed by AL BHAGYA Location: High Court of Karnataka - 2 - NC: 2025:KHC:2806 WP No. 36212 of 2024 BENGALURU - 560 009. …RESPONDENTS (BY SRI. MANJUNATH K., HCGP ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NOS.2 AND 3 TO CONSIDER THE REPRESENTATION DATED 28.03.2022 VIDE ANNEXURE - F AND EFFECT THE CHANGE IN REVENUE ENTRIES IN THE NAME OF THE PETITIONER AS PER THE ORDER PASSED BY THE RESPONDENT NO.1 ASSISTANT COMMISSIONER IN APPEAL BEARING RA NO. 95/2010-11 DATED 06.12.2010 PRODUCED ANNEXURE - E. 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 HCGP is directed to take notice to respondents. 2. This petition is filed seeking a mandamus against respondents 2 and 3 to consider the petitioner's representation dated 28.3.2022 as per Annexure-F and effect changes in the revenue entries by taking cognizance of the directions issued by respondent No.1/Assistant Commissioner as per Annexure-E. - 3 - NC: 2025:KHC:2806 WP No. 36212 of 2024 3. Heard the learned counsel for the petitioner and learned HCGP appearing for the State. 4. Learned HCGP, on instructions, submits that the petitioner's representation is under process and appropriate orders would be passed by respondents 2 and 3. 5. Upon a thorough examination of the records, this Court is fully convinced that respondents 2 and 3 have blatantly failed to implement the order issued by the Assistant Commissioner, as evidenced in Annexure-E. The conduct of respondents 2 and 3 amounts to a clear case of dereliction of duty and gross negligence. The order issued by the Assistant Commissioner is dated 6.12.2010, and despite the lapse of considerable time, the said directions have not been carried out. Such inaction on the part of the respondents reflects a complete disregard for the binding nature of the orders issued by a competent authority. - 4 - NC: 2025:KHC:2806 WP No. 36212 of 2024 6. It is pertinent to note that Annexure-E reveals that the Assistant Commissioner, after conducting a detailed inquiry, has categorically concluded that the grant obtained by the petitioner’s ancestor is genuine. Based on this finding, the Assistant Commissioner issued a specific direction to the Tahsildar to take all necessary steps to restore the entries in the revenue records by mutating the petitioner’s name. The failure to implement such a clear and binding direction constitutes not only a breach of duty but also undermines the authority of the Assistant Commissioner. 7. Given the circumstances, this Court is of the firm view that this is a fit case for initiating departmental proceedings against the errant revenue officers, namely respondents 2 and 3, for their evident laxity and failure to discharge their official responsibilities. Furthermore, the facts of this case warrant the issuance of a writ of mandamus to ensure the enforcement of the Assistant Commissioner’s order. Therefore, the concerned - 5 - NC: 2025:KHC:2806 WP No. 36212 of 2024 authorities are directed to take immediate steps to restore the entries in the revenue records as per the directions contained in Annexure-E, thereby mutating the petitioner’s name. 7. Accordingly, this Court proceeds to pass the following: ORDER (i) Writ petition is allowed. (ii) Respondents 2 and 3 are hereby directed to forthwith implement the order of the Assistant Commissioner evidenced at Annexure-E and mutate the name of petitioner in the RTC within a period of four weeks without insisting for documents. (iii) Learned HCGP shall forward this copy to Deputy commissioner. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 33