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2025 DAILYLAW 45051 (KAR)

SMT. V MANJULA W/O G MADHUSUDHANA REDDY v. THE TAHSILDAR

WP/106979/2024 · 2025-03-03

M G Uma

body2025

Judgment text

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- 1 - NC: 2025:KHC-D:4092 WP No. 106979 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF MARCH, 2025 BEFORE THE HON'BLE MRS JUSTICE M.G.UMA WRIT PETITION NO. 106979 OF 2024 (KLR-RR/SUR) BETWEEN: SMT. V. MANJULA W/O. G. MADHUSUDHANA REDDY, AGE: 48 YEARS, OCC: HOME MAKER, R/O: PLOT NO. 156/C, 2ND STAGE RAGHAVENDRA COLONY, BALLARI - 583 101. …PETITIONER (BY SRI. CHINMAY G. BHAT AND SRI. GIRISH V. BHAT, ADVOCATES) AND: THE TAHSILDAR, BALLARI REVENUE TALUK, BALLARI - 583103. …RESPONDENT (BY SRI.T. HANUMAREDDY, AGA) --------- THIS WP IS FILED UNDER ARTICLE 226 & 227 OF CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OR A DIRECTION OR AN APPROPRIATE ORDER IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENT OT CONSIDER THE REQUEST APPLICATION OF THE PETITOENR DATED 19.08.2024 VUIDE ANNEXURE-F AND RECTIFY RECORD OF RIGHTS OF LAND SY.NO.81/3 OF B. GONAL VILLAGE IN BALLARI TALUK AND REDUCE THE TOTAL EXTENT FROM 00.12.85 CENTS TO 00.10.05 CENTS. THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING: MALLIKARJUN RUDRAYYA KALMATH HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD - 2 - NC: 2025:KHC-D:4092 WP No. 106979 of 2024 CORAM: THE HON'BLE MRS JUSTICE M.G.UMA ORAL ORDER The petitioner is before this Court seeking writ in the nature of mandamus directing the respondent to consider his application dated 19-08-2024 produced as per Annexure-F and rectify the records of rights in respect of land bearing Survey No.81/3 of B.Gonal village of Ballari taluk and reduce the total extent from 12.85 cents to 10.05 cents. 2. Heard Sri.Chinmay G Bhat, learned counsel representing Sri.Girish V Bhat, learned counsel for the petitioner and Sri.T.Hanumareddy, learned AGA for respondent. 3. Perused the materials on records. 4. It is the contention of the petitioner that she is owner of the land bearing Survey No.81/3 of B.Gonal village of Ballari taluk, which was totally measuring 12.85 cents. It is further contention of the petitioner that she - 3 - NC: 2025:KHC-D:4092 WP No. 106979 of 2024 executed the registered relinquishment deed dated 12-06- 2023, whereunder she has relinquished her rights in respect of 2.80 cents in favour of the Government for formation of road. Therefore remaining extent of land in Survey No.81/3 of B.Gonal village of Ballari taluk is only 10.05 cents. In that regard petitioner is seeking rectification of the records of rights by showing the correct extent of land owned by her. 5. Learned AGA for the respondent submits that prayer of the petitioner may be considered in the light of Annexure-C. 6. Annexure-C is layout plan pertaining to Survey No.81/3 of B.Gonal village of Ballari taluk. As per this layout plan 2.80 cents in Survey No.81/3 is covered by road leading from Ballari to B.Gonal village. Therefore, the respondent has no objection to rectify the records of rights produced as per Annexure-B standing in the name of the petitioner and to show the correct extent of land. - 4 - NC: 2025:KHC-D:4092 WP No. 106979 of 2024 Hence, I am the opinion that petition is liable to be allowed. Accordingly, I proceed to pass the following: ORDER i) The Writ Petition is allowed. ii) Respondent is directed to rectify the records of rights in respect of Survey No.81/3 of B.Gonal village of Ballari taluk by showing its correct extent as 10.05 cents owned by the petitioner by considering his application dated 19.08.2004, produced at Annexure-F, within four weeks from the date of receipt of copy of this order. Sd/- (M.G.UMA) JUDGE VB CT:ANB List No.: 1 Sl No.: 18