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2025 DAILYLAW 41261 (KAR)

SMT. SHARDHA v. THE STATE OF KARNATAKA

WP/20103/2025 · 2025-08-22

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32966 WP No. 20103 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 20103 OF 2025 (KLR-RR/SUR) BETWEEN: SMT. SHARDHA W/O LATE SRI. NAGARAJU, AGED ABOUT 46 YEARS J HOBLI, MAGADI, ARAKALGUDU TQ., HASSAN DISTRICT - 577 302. …PETITIONER (BY SMT. JAHNAVI M, ADVOCATE FOR SRI. CHANDRAKANTH R. GOULAY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDINGS, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, HASSAN DISTRICT, HASSAN - 573 201. 3. THE ASSISTANT COMMISSIONER, ARAKALGUDU SUB DIVISION, ARAKALGUDU TQ., HASSAN DISTRICT - 577 302. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32966 WP No. 20103 of 2025 4. THE TAHASILDHAR ARAKALGUDU TQ., HASSAN DISTRICT - 577 302. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO CONSIDER HER APPLICATION DATED 30/11/2022 VIDE ANNEXURE-B AND THE REPRESENTATION DATED 16/06/2025 VIDE ANNEXURE-C FILED BY THE PETITIONER FOR CHANGE OF HER NAME AND ENTER IN THE REVENUE RECORDS IN RESPECT OF SY. NO.77 MEASURING 1 ACRE 20 GUNTAS SITUATED AT MARAJURU VILLAGE, J HOBLI, MAGADI, ARAKALGUDU TQ., HASSAN DISTRICT. KEEPING IN THE MIND THE ORDER PASSED IN WRIT PETITION NO.21077/2023 DATED 23/09/2023 AND TO PASS APPROPRIATE SUITABLE ORDERS. 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. 2. The grievance of the petitioners is that respondent No.4-Tahsildar, Arakalgud Taluk, has not considered the - 3 - HC-KAR NC: 2025:KHC:32966 WP No. 20103 of 2025 representation given by the petitioner. It is contended that the petitioner's mother-in-law Smt.Gowramma W/o late Ningaiah, is reflected in Column No.12 of the RTCs along with several other persons who have all filed applications in Form No.57 seeking regularization of unauthorized occupation. The fact that the names of the persons who have filed the application and are in possession of the lands are fortified by the names contained in the RTCs, however, the application filed by the petitioner's mother-in-law is not yet considered after the death of Smt.Gowramma. The petitioner is the sole surviving legal heir of late Sri.Gowramma and therefore, the petitioner is seeking direction from respondent No.4. 3. Having regard to the facts narrated hereinabove, this Court is of the considered opinion that respondent No.4- Tahsildar is duty bound to consider the representation given by the petitioner and proceed in accordance with law. 4. Accordingly, the writ petition stands disposed of with a direction to respondent No.4-Tahsildar, Arakalgud Taluk to verify from the records as to whether Smt.Gowramma had filed an application in Form No.53 or Form No.57 seeking - 4 - HC-KAR NC: 2025:KHC:32966 WP No. 20103 of 2025 regularization of unauthorized occupation. If it is found that Smt.Gowramma had infact filed such an application, the Tahsildar shall place the application before the Committee along with his recommendation within a period of four weeks from the date of receipt of a copy of this order. The committee shall consider the application while also enquiring as to whether the petitioner is the sole surviving legal heir of Smt.Gowramma and, if that is so, proceed to pass orders in accordance with law as expeditiously as possible and at any rate within a period of two months from the date when the application is placed by the Tahsildar before the Committee. Ordered accordingly. 5. 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.: 22 CT: BHK