Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:6661 WP No. 36401 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 36401 OF 2024 (KLR-RR/SUR) BETWEEN:
SRI. YOGESHA B, S/O BASAVARAJU, AGED ABOUT 34 YEARS, R/AT NO. 14, MANIKYAPURA VILLAGE, D.M.G HALLI POST, ELAWAVA HOBLI, MYSURU TALUK - 560 026. …PETITIONER (BY SRI. RAVISHANKAR S, ADVOCATE) AND:
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THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY MINISTRY OF REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001.
2.
THE TAHSILDAR, TAHSILDAR OFFICE, MYSURU TALUK, MYSURU DISTRICT - 570 001. …RESPONDENTS (BY SMT. B.P. RADHA, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE R-2 TO MAKE THE ENTRY OF THE INTERIM ORDER PASSED IN OS 591/2014 IN PURSUANT TO ANNX-E DATED 12.02.2024 BY CONSIDER THE SAME BY ALLOWING THE ABOVE PETITION. Digitally signed by KAVYA R Location: High Court of Karnataka
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NC: 2025:KHC:6661 WP No. 36401 of 2024
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 captioned petition is filed by the petitioner feeling aggrieved by the inaction on the part of respondent No.2-Tahasildar in not reflecting the interim order granted by the competent civil court in O.S.No.591/2014.
2. Heard learned counsel for the petitioner and learned AGA for the respondents. Perused the record.
3. Learned AGA assures this Court that the interim
order granted by the competent civil court will be reflected in the other rights column.
4. The inaction displayed by respondent No.2/Tahasildar is a clear contravention of the directions issued by this Court in W.P.No.106054/2024 and reflects a blatant disregard for the duties imposed upon revenue authorities. It is a well-established principle that when an interim order granting a stay or injunction is passed by a
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NC: 2025:KHC:6661 WP No. 36401 of 2024 competent civil court, the revenue officers are under a statutory and legal obligation to immediately recognize and reflect such orders in the "Other Rights" column of relevant revenue records. This duty is not discretionary but mandatory, as revenue authorities play a crucial role in ensuring that judicial directives are effectively implemented, preventing unlawful encroachments, alienations, or changes to the status of the property in question.
5. Despite the petitioner having submitted a representation as early as 12.02.2024, seeking compliance with the interim order, respondent No.2/Tahasildar has failed to act, demonstrating complete laxity and administrative indifference.
6. In the present case, nearly a year has passed since the submission of the representation, yet respondent No.2/Tahasildar has remained passive, thereby neglecting a fundamental duty vested in the office. This Court views such inaction with serious concern, as it amounts to a
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NC: 2025:KHC:6661 WP No. 36401 of 2024 clear dereliction of duty and an obstruction of justice. The delay in implementing the interim order not only deprives the petitioner of the rightful legal protection granted by the civil court but also creates an avenue for unnecessary litigation and legal uncertainty.
7. Given the egregious inaction on the part of respondent No.2/Tahasildar, this Court finds that the present case warrants the issuance of a writ of mandamus, directing the immediate reflection of the interim order in the "Other Rights" column. The Court strongly condemns the failure of the revenue authorities to uphold their statutory obligations and emphasizes that such negligence cannot be tolerated, as it erodes the confidence of the public in the functioning of administrative bodies. Revenue authorities must act with utmost diligence and promptness in complying with judicial orders to uphold the rule of law and ensure that the rights of litigants are protected in accordance with legal mandates.
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NC: 2025:KHC:6661 WP No. 36401 of 2024
8. For the foregoing reasons, this Court passes the following:
ORDER i. The writ petition is allowed; ii. Respondent No.2-Tahasildar, shall take cognizance of the interim order granted in O.S.No.591/2014 and shall forthwith reflect the interim order in other rights column; iii. This exercise shall be accomplished within a period of two weeks from the date of receipt of
order copy. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 5 CT: BHK