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2025 DAILYLAW 40873 (KAR)

SRI B C SIDDAGANGAIAH v. THE STATE OF KARNATAKA

WP/19782/2025 · 2025-08-23

R Devdas

Civil Appealbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33151 WP No. 19782 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 19782 OF 2025 (KLR-RES) BETWEEN: 1. SRI B C SIDDAGANGAIAH S/O LATE CHIKKANNA AGED ABOUT 78 YEARS, R/AT BYANDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 562 130 2. SRI. B C JAGADISHAIAH S/O LATE CHIKKANNA AGED ABOUT 76 YEARS, R/AT BYANDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 562 130 3. SRI. B C RUDRAMURTHY S/O LATE CHIKKANNA AGED ABOUT 72 YEARS, R/AT BYANDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 562 130 4. SRI. B C SHIVARUDRAIAH S/O LATE CHIKKANNA AGED ABOUT 68 YEARS, R/AT BYANDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 562 130 Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33151 WP No. 19782 of 2025 5. SRI. B C SUNDARESH S/O LATE CHIKKANNA AGED ABOUT 59 YEARS, R/AT BYANDAHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU 562 130 …PETITIONERS (BY SRI. AJITH C.A., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU 560 001 2. THE TAHASILDAR BENGALURU NORTH TALUK BENGALURU-560 009. …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE PETITIONERS REPRESENTATION DATED 08.08.2024 PRODUCED AT ANNEXURE-H FOR THE TRANSFER OF KHATA IN RESPECT OF THE LAND BEARING SY.NO.15, MEASURING 22 GUNTAS, SITUATED AT BAYYANDAHALLI VILLAGE, DASANAHAPURA HOBLI, BENGALURU NORTH TALUK, IN THEIR NAMES, WITHIN A TIME FRAME. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:33151 WP No. 19782 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned HCGP accepts notice for the respondents. 2. The prayer in the writ petition is to issue a writ of mandamus directing second respondent-Tahsildar, Bangalore North Taluk, to consider the representation dated 08.08.2024 at Annexure-H given by the petitioner to second respondent seeking transfer of katha in the name of the petitioner in respect of 22 guntas of land in Survey No.15 of Bayyandahalli, Dasanapura Hobli, Bengaluru North Taluk. 3. Learned HCGP draws the attention of this Court to Annexure-C1, which is the RTC of the year 1968-69, showing the name of Smt.Gangamma, w/o Chikkanna in Column No.9. However, Annexure C2 is the RTC for the years 1978-79 to 1981-82, where the name of Smt Gangamma has been rounded off and in that place, sarkari kharab is shown. In that view of the matter, - 4 - HC-KAR NC: 2025:KHC:33151 WP No. 19782 of 2025 learned HCGP submits that the petitioners have to file an appeal before the Assistant Commissioner and cannot seek a direction to the Tahsildar. It is also pointed out that in Annexure-E, the RTC for the year 2024-25, the property in question is shown as government burial land. 4. Accepting the submission of the learned HCGP, the writ petition stands disposed of reserving liberty to the petitioners to approach the Assistant Commissioner by filing an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, to redress their grievance. 5. Ordered accordingly. Sd/- (R DEVDAS) JUDGE YN List No.: 1 Sl No.: 19