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2025 DAILYLAW 40352 (KAR)

SMT. SAVITHA. B. S. v. THE STATE OF KARNATAKA

WP/558/2025 · 2025-09-02

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34425 WP No. 558 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 558 OF 2025 (KLR-RES) BETWEEN: 1. SMT. SAVITHA. B. S. WIFE OF GANGADHARA, D/O.SRINIVASAIAH, AGED ABOUT 42 YEARS, RESIDING AT NO.94, 7TH CROSS, NEAR RAGHAVENDRA SCHOOL, BASAPPANAKATTE, RAJAGOPALA NAGAR, BENGALURU NORTH, BENGALURU - 560 058. 2. SRI. GOVINDARAJU B.S, SON OF SRINIVASAIAH, AGED ABOUT 34 YEARS, RESIDING AT BYRASANDRA VILLAGE, GULURU HOBLI, TUMAKURU TALUK - 572 104, TUMAKURU DISTRICT. …PETITIONERS (BY SRI. FAYAZ SAB B.G, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560 001. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:34425 WP No. 558 of 2025 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU - 572 101. 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT TUMAKURU - 572 101. 4. THE TAHASILDAR, TUMAKURU TALUK, TUMAKURU - 572 101. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO I. QUASH, THE IMPUGNED ENDORSEMENT ISSUED BY THE FOURTH RESPONDENT BEARING NO.RRT(GU)CR324/2022-23, DATED 12.01.2023, WHEREIN REJECTED THE CLAIM OF THE PETITIONERS FOR RECTIFICATION OF MISTAKE CREPT IN THE COLUMN NO.9 OF THE RTC WHICH IS PRODUCED HEREWITH FOR THE KIND PERUSAL OF THIS HONBLE COURT AND MARKED ANNEXURE-H. AS ILLEGAL, ARBITRARY, CAPRICIOUS, AND THE SAME IS PASSED WITHOUT APPLICATION OF MIND AND ETC., 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 High Court Government Pleader takes notice for all the respondents. - 3 - HC-KAR NC: 2025:KHC:34425 WP No. 558 of 2025 2. The grievance of the petitioners is directed against the impugned endorsement dated 12.01.2023 at Annexure-H issued by the Tahsildar, Tumkur Taluk. Learned counsel for the petitioners submits that earlier, the petitioners had filed W.P.No.26535/2023 seeking directions to the Tahsildar, Tumkur Taluk, to consider the representation given by the petitioners to correct the measurements shown in the RTC. However, during the course of the proceedings, the impugned endorsement was issued and therefore, the writ petition was disposed of on 23.10.2024, reserving liberty to the petitioners to raise a challenge to the endorsement and accordingly, this writ petition is filed. 3. Learned High Court Government Pleader submits that in the endorsement it is clearly stated that an extent of 4 acres 18 guntas in Survey No. 73/1A1 of Byrasandra Village is standing in the name of Smt.Sunanda W/o late Bhairanna and others jointly and therefore, the representation given by the petitioners - 4 - HC-KAR NC: 2025:KHC:34425 WP No. 558 of 2025 cannot be considered. Learned High Court Government Pleader submits that the petitioners will have to raise a challenge to the entry made in the RTC in a manner known to law. 4. Upholding the submissions of the learned High Court Government Pleader, the writ petition stands disposed of, reserving liberty to the petitioners to raise a challenge to such an entry made in the RTC in terms of Chapter XI of the Karnataka Land Revenue Act, 1964. Ordered accordingly. Learned High Court Government Pleader 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.: 7 CT: BHK