Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:26640 WP NO.17337 OF 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.17337 OF 2025 (KLR-RES) BETWEEN:
SMT. PARVATHAMMA D/O LATE VENKATAPPA, AGED ABOUT 61 YEARS, R/A NO.99/1, HURALI CHIKKANAHALLI VILLAGE, HESARAGHATTA HOBLI, CHIKKABANAVARA, BENGALURU NORTH TALUK, BENGALURU - 560 090. …PETITIONER (BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS REVENUE DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY, M.S. BUILDING, BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVAN, K.G ROAD, BENGALURU - 560 009.
3.
THE TAHSILDAR YELAHANKA TALUK, EARLIER BENGALURU NORTH (ADDITIONAL) TALUK, YELAHANKA, BENGALURU - 560 064. …RESPONDENTS (BY SRI. SIDDHARTH BABURO, AGA)
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:26640 WP NO.17337 OF 2025
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS 2 AND 3 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONER DATED 24.03.2022, 07.03.2022 AND 15.11.2022 VIDE ANNEXURES 'A1' TO 'A3' IN TERMS OF THE ORDER DATED 23.02.2022 PASSED IN WRIT PETITION NO.3981 OF 2022 VIDE ANNEXURE-L, WITHIN A REASONABLE TIME AND CONSEQUENTLY ISSUE POSITIVE DIRECTION TO THE RESPONDENTS 2 AND 3 TO ISSUE SAGUVALI CHIT IN THE NAME OF THE PETITIONER IN RESPECT OF LAND BEARING SURVEY NO.68 MEASURING 0.30 GUNTAS SITUATED AT HURALI CHIKKANAHALLI VILLAGE, HESARAGHATTA HOBLI, EARLIER BENGALURU NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, FURTHER DIRECT THE RESPONDENT NO.3 TO MUTATE THE NAME OF THE PETITIONER IN RESPECT OF LAND BEARING SURVEY NO.68 MEASURING 30 GUNTAS SITUATED AT HURALI CHIKKANAHALLI VILLAGE, HESARAGHATTA HOBLI, EARLIER BENGALURU NORTH (ADDITIONAL) TALUK, NOW YELAHANKA TALUK, WITHIN A TIME BOUND MANNER; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH
ORAL ORDER
Sri. Siddharth Baburao, learned Additional Government Advocate accepts notice for respondents. 2. In this writ petition, the petitioner is seeking direction to the respondents 2 and 3 to consider the representations dated 24th March, 2022 (Annexure-A1), 07th March, 2022 (Annexure-A2) and 15th November, 2022 (Annexure-A3); inter alia sought for direction to the
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HC-KAR NC: 2025:KHC:26640 WP NO.17337 OF 2025
respondents 2 and 3 to issue Saguvali Chit and mutate the name of the petitioner in the revenue records in respect of the land bearing Survey No.68 measuring 30 guntas situate at Hurali Chikkanahalli Village, Hesaraghatta Hobli, Yelahanka Taluk. 3. Sri. K. Vijaya Kumar, learned counsel appearing for the petitioner invited the attention of the Court to the order dated 23rd February, 2022 passed by this Court in Writ Petition No.3981 of 2022 and submitted that the mother of the petitioner had made an application, seeking regularisation of the land during the year-1991. He further submitted that, as per the letter dated 04th November, 2014 (Annexure-P) addressed by the Assistant Execute Engineer, Public Works Department, No.2, North Sub-Division, K.R. Circle, Bengaluru to the respondent No.3-Tahsildar, the distance between the Bengaluru Mahanagara Palike and the land in question is around 19.12 Kilometers during the year-1991. Accordingly, he sought for interference of this Court in the present writ petition. - 4 -
HC-KAR NC: 2025:KHC:26640 WP NO.17337 OF 2025
4. Per contra, Sri. Siddharth Baburao, learned Additional Government Advocate appearing for respondents submitted that the distance as stated in the letter dated 04th November, 2014 (Annexure-P) has to be considered to ascertain whether the application has been made by the mother of the petitioner, seeking regularisation of the land. In this regard, learned Additional Government Advocate appearing for respondents places reliance on the order passed by this Court in Writ Petition No.3981 of 2022 dated 23rd February, 2022 and referred to the operative portion of the said order, which reads as under:
"ORDER
The respondent No.1-Tahsildar, Yalahanka Taluk is hereby directed to place the application of the petitioner before the Deputy Commissioner, Bengaluru Urban District within a period of two weeks from the date of receipt of certified copy of this order.
The Deputy Commissioner shall thereafter consider the application and pass orders as expeditiously as possible and at any rate within a period of six weeks from the date when the application is placed before the Deputy Commissioner by the Tahsildar. The application shall be considered as per the jurisdiction of BMP as it stood during the year-1991. Ordered accordingly."
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HC-KAR NC: 2025:KHC:26640 WP NO.17337 OF 2025
5. Having heard the learned counsel appearing for the parties and on perusal of the writ petition, it is not in dispute that, this Court, in Writ Petition No.3981 of 2022, by order dated 23rd February, 2022 has already directed the respondent- Authorities to consider the application made by the petitioner as per the jurisdiction of the Bengaluru Mahanagara Palike as it stood during the year-1991. In that view of the matter, respondents 2 and 3 are
directed to consider the representations made by the petitioner dated 24th March, 2022 (Annexure-A1), 07th March, 2022 (Annexure-A2) and 15th November, 2022 (Annexure-A3) in accordance with law considering the direction issued by this Court in Writ Petition No.3981 of 2022 and the letter dated 04th November, 2014 (Annexure-P), within an outer limit of one month from the date of receipt of this order. Accordingly, writ petition is disposed of.
SD/- (E.S. INDIRESH) JUDGE
ARK List No.: 1 Sl No.: 25