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2025 DAILYLAW 39517 (KAR)

SMT VENKATALAKSHMAMMA v. THE TAHASHILDHAR

WP/25921/2025 · 2025-09-04

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35037 WP No. 25921 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25921 OF 2025 (KLR-RES) BETWEEN: SMT. VENKATALAKSHMAMMA WIFE OF CHIKKABATHYAPPA, D/O LATE. GOPALAPPA, AGED ABOUT 75 YEARS, RESIDING AT KOTTUR VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 137. SENIOR CITIZEN NOT CLAIMED 2. SMT. HEMAVATHI D/O SRI NAGARAJAPPA, AND LATE. SHANTHAMMA WIFE OF SRI SRINIVASAPPA AGED ABOUT 45 YEARS, RESIDING AT DODDAMADENAHALLI VILLAGE, AVANI HOBLI, MULABAGALU TALUK, KOLAR DISTRICT - 563 131. 3. SMT. SASHIKALA D/O SRI. NAGARAJAPPA, AND LATE SHANTHAMMA, WIFE OF SRI RAMESH, AGED ABOUT 43 YEARS, RESIDING AT HUNKALDODDI VILLAGE, BUDIKOTE HOBLI, BANGARPETE TALUK, KOLAR DISTRICT - 563 114. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35037 WP No. 25921 of 2025 4. SRI. SRINIVASA SON OF SRI. NAGARAJAPPA, AND LATE.SHANTHAMMA AGED ABOUT 40 YEARS, RESIDING AT HOGARI VILLAGE, AREHALLI POST, KASABA HOBLI, KOLAR TALUK, KOLAR DISTRICT - 563 101. 5. SMT. PARVATHAMMA WIFE OF ANDANAPPA, D/O.LATE. GOPALAPPA, AGED ABOUT 65 YEARS, RESIDING AT DODDAMADENAHALLI VILLAGE, AVANI HOBLI, MULABAGALU TALUK, KOLAR DISTRICT - 563 114. PETITIONER NO.1 TO 5 BEING REPRESENTED BY THEIR SPA HOLDER SRI. GAJENDRA. K.M SON OF SRI. MUNISHAMAPPA, AGED ABOUT 29 YEARS, RESIDING AT KOTTUR VILLAGE, TEKAL HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 137. AND ALSO AT FLAT NO.40/6, 2ND FLOOR, 2ND MAIN ROAD, THIMMENAHALLI, GOVINDARAJANAGAR, BANGALORE NORTH, BANGALORE - 560 040 …PETITIONERS (BY SRI. NAGARAJA M, ADVOCATE) AND: THE TAHASHILDHAR KOLAR TALUK, - 3 - HC-KAR NC: 2025:KHC:35037 WP No. 25921 of 2025 KOLAR - 563 101. …RESPONDENT (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLS 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECT THE RESPONDENT TO EFFECT KATHA AND MUTATION IN FAVOUR OF THE PETITIONER IN PURSUANCE OF THE COMPROMISE PETITION IN O.S.NO.283/2008 BEFORE THE 1 ADDL CIVIL JUDGE AND J.M.F.C AT KOLAR ANNEXURE B DATED 27.112012. BUT TILL DATE NO ACTION HAS BEEN TAKEN DESPITE OF THE REPRESENTATION DATED- 19.06.2025 AS PER ANNEXURE-G TO J BY EXERCISING THE POWER CONFERRED UNDER SECTION 128 AND 129 OF THE KARNATAKA LAND REVENUE ACT 1964 AND CHAPTER XI (RULES 62 TO 71) OF THE KARNATAKA LAND REVENUE RULES 1966. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for the respondent-Tahsildar. 2. It is the contention of the petitioners that in terms of a compromise decree drawn at the hands of the learned Civil - 4 - HC-KAR NC: 2025:KHC:35037 WP No. 25921 of 2025 Judge, Junior Division, at Kolar in O.S.No.283/2008 dated 27.11.2012, the revenue entries had to be mutated. However, respondent-Tahsildar has not entertained the application filed by the petitioners for mutation. 3. The writ petition is accordingly disposed of with a direction to respondent-Tahsildar to consider the representations/applications given by the petitioners and verify as to whether such a compromise decree has been drawn by the competent civil Court. The Tahsildar shall issue notice to all concerned and thereafter proceed to mutate the revenue entries in terms of the compromise petition if it is found that the compromise decree has been drawn and there is no objection from any other person. If the suit schedule property has been divided into several parts, then the petitioners will have to secure 11 E sketch by approaching a licensed surveyor. Such information provided by the license surveyor shall be acted upon for preparing the 11 E sketch, and thereafter, the Tahsildar shall proceed and mutate the revenue entries accordingly. The entire exercise shall be completed as - 5 - HC-KAR NC: 2025:KHC:35037 WP No. 25921 of 2025 expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 9 CT: BHK