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2025 DAILYLAW 42459 (KAR)

SRI RAMAKRISHNAIAH T v. STATE OF KARNATAKA

WP/25364/2025 · 2025-08-21

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32719 WP No. 25364 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 25364 OF 2025 (KLR-RES) BETWEEN: 1. SRI RAMAKRISHNAIAH T S/O LATE THIMMAIAH, AGED 70 YEARS, NO. 220, 4TH BLOCK, KAGGALIPURA, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE 560082 2. SRI DORESWAMY S/O LATE THIMMAIAH, AGED 60 YEARS, NO. 54, 2ND CROSS, RAMANJANEYA LAYOUT, GUBBALALA, BANGALORE 560061 3. SRI B R SHIVARAM S/O LATE THIMMAIAH, AGED 55 YEARS, NO. 1130, FOR HOUSE, VARTHUR, BANGALORE 560087 4. SRI.T. NARAYANASWAMY Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32719 WP No. 25364 of 2025 S/O LATE THIMMAIAH, AGED 50 YEARS, NO. 37, MUDENAHALLI, HAROHALLI TALUK, RAMANAGARA 562 112 …PETITIONERS (BY SRI. JAGADEESHACHARI.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, M S BUILDING, BANGALORE 560 001 2. THE THASILDAR HAROHALLI, HAROHALLI TALUK, RAMANAGARA 562 112 3. THE DEPUTY COMMISSIONER RAMANAGARA, RAMANAGARA DISTRICT, PIN 562 159 …RESPONDENTS (BY SRI. SESHU V, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO A) TO CALL FOR THE RECORDS FROM THE RESPONDENT NO.2 AS PER ANNEXURE-Q DATED 16.07.2025 IN E-770915 AND QUASH THE SAME BY WAY OF WRIT OF CERTIORARI.B) ISSUE - 3 - HC-KAR NC: 2025:KHC:32719 WP No. 25364 of 2025 DIRECTIONS TO THE RESPONDENTS TO RESTORE THE LAND BEARING SY. NO.169/3 MEASURING 0-7 GUNTAS SITUATED AT MUDENAHALLI VILLAGE, HAROHALLI HOBLI AND TALUK, RAMANAGARA DISTRICT FROM PADA TO THE PETITIONERS GRANT AN INTERIM ORDER TO DIRECT THE RESPONDENTS NOT TO DISPOSES THE PETITIONERS FROM BEARING SY. NO.169/3 MEASURING 7 GUNTAS SITUATED AT MUDENAHALLI VILLAGE, HAROHALLI HOBLI AND TALUK, RAMANAGARA DISTRICT BOUNDED ON THE EAST BY - GOVERNMENT ONIWEST BY - SY. NO.169/3 AND 169/2 OF DASAREDDYNORTH BY - JAYANNAS AND ANNAIAHSOUTH BY - KRISHNAPPA AND OBALAPPAS PROPERTY.KHV THIS PETITION, COMING ON FOR FINAL 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 the respondents. 2. The grievance of the petitioners is in respect of land in Survey No.169/3 measuring 7 guntas situated at Mudenahalli Village, Harohalli Hobli and Taluk, Ramanagara District. Their grievance is that in column No.*9 of the Record of Rights it is shown as ‘SARKARI PADA’ (forfeited land). Therefore, the petitioners have given representation to the respondent- Tahsildar for removal of the entry ‘SARKARI PADA' from the *Corrected vide Court Order dated 14.01.2026 - 4 - HC-KAR NC: 2025:KHC:32719 WP No. 25364 of 2025 RTC. It is further submitted that the respondent - Tahsildar has issued an endorsement dated 16.07.2025 stating that there is delay in giving the representation for restoration. 3. This Court, in the case of Shivanna Vs. Deputy Commissioner in W.P.No.19639/2021 dated 05.09.2022 has held that having regard to Section 163 of the Karnataka Land Revenue Act, 1964, and Rule 119 of the Karnataka Land Revenue Rules, 1966, that in normal circumstances where there are arrears of land revenue, it is not the intention of the Government to forfeit agricultural lands. The provisions are clearly directed towards the other cases where charges are created by orders passed by Courts of law and other competent authorities where the parties are in default for payment and the Courts and authorities deem it fit to direct recovery of such debts to be collected as arrears of land revenue. In all other cases, in terms of the amended provision, which came into effect from 01.04.1988, the government has granted relaxation and enabled the revenue authorities to accept the application for cancellation of forfeiture even in cases where the land was - 5 - HC-KAR NC: 2025:KHC:32719 WP No. 25364 of 2025 sold and purchased on account of the government dues, but which were not disposed of otherwise. 4. Consequently, the writ petition is disposed of with a direction to the respondent-Tahasildar, Harohalli Taluk, Ramanagara District, to verify the necessary records, to collect the land revenue and pass necessary orders to cancel the forfeiture and remove the word 'SARKARI PADA’ incorporated in Column No. *9 of the RTC, in accordance with law. 5. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today Sd/- (R DEVDAS) JUDGE YKL List No.: 1 Sl No.: 39 *Corrected vide Court Order dated 14.01.2026