MR SHRISAIL KARIGAR S/O SIDDAPPA KARIGAR v. THE STATE OF KARNATAKA
WP/103494/2023 · 2025-03-11
Jyoti Mulimani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45238 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45238 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:4586 WP No. 103494 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MS. JUSTICE JYOTI MULIMANI WRIT PETITION NO. 103494 OF 2023 (GM-RES) BETWEEN:
MR.SHRISAIL KARIGAR S/O SIDDAPPA KARIGAR, AGED ABOUT 39 YEARS, OCC: PROFESSOR, NO. 698, VANSAHREE NAGAR, SATTUR, TQ:DHARWAD, DISTRICT DHARWAD-580 009. …PETITIONER (BY SRI. C.V.ANGADI., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA REPRESENTED REVENUE SECRETARY, VIKAS SOUDHA, BENGALURU-560 001. 2. ASSISTANT DIRECTOR OF LAND RECORDS, CITY SURVEY, NEAR K.C.PARK, HALIYAL ROAD, DHARWAD-580 008. 3. VIPRA CREDIT SOUHARDA SHAKARI NIHAMITH, NO.9, KRISHNA MANSION, NEAR HEAD POST OFFICE, UB HILL ROAD, DHARWAD-580 001. REPRESENTED BY ITS CHAIRMAN. 4. MR. SHRINIVAS S/O RAGHAVENDRAACHAR AMBEDKAR, AGED 61 YEARS, OCC: BUSINESS, R/O NO.70, 4TH CROSS, 4TH MAIN, KANAKADASA NAGAR, ‘A’ BLOCK, DATTAGALLI, MYSURU-570 033. Digitally signed by PREMCHANDRA M R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC-D:4586 WP No. 103494 of 2023
5. THE SENIOR SUB-REGISTRAR, MINI-VIDHANA SOUDHA, DHARWAD-580 007. 6. THE DISTRICT REGISTRAR, FIRST FLOOR, MINI VIDHANA SOUDHA, DHARWAD-580 007. …RESPONDENTS (BY SRI. PRAVEEN.K.UPPAR., AGA FOR R1, 2, 5, 6;
R3-SERVED AND UNREPRESENTED;
R4-DISPENSED WITH)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, SEEKING CERTAIN RELIEFS. THIS WRIT PETITION IS LISTED FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, AN ORDER IS MADE AS UNDER:
ORAL ORDER
Sri.C.V.Angadi., counsel for the petitioner and Sri.Praveen K.Uppar., AGA for respondents 1, 2, 5 and 6 have appeared in person. 2. The captioned Writ Petition is filed seeking a Writ of Certiorari to quash the endorsement dated:03.02.2023 issued by the second respondent vide Annexure-A and letter of communication dated:28.07.2022 issued by the second respondent vide Annexure-L and also a Mandamus directing to consider the representation and the legal notice. - 3 -
NC: 2025:KHC-D:4586 WP No. 103494 of 2023
3. Counsel for the respective parties urged several contentions. Herd the arguments and perused the Writ papers with care. 4. The issue revolves around a narrow compass and relates to the refusal to mutate the petitioner’s name in City Survey Extract. Suffice it to note that the petitioner – Mr.Shrisail Karigar purchased the residential apartment bearing No.FF-02 situated on the fourth floor having super built up area of about 1200 sq. ft. i.e., 121.21 sq.
meters (including common area and parking) along with 1/10th undivided share of right, title and interest in non-agricultural property bearing CTS No.282A/HYG measuring 383 sq yards situated at Hosayallapur, Dharward. The apartment is called under the name and style of “Krishna Kunja”. The petitioner requested the authority concerned to mutate his name in the City Survey Extract. However, the ADLR issued an endorsement on 03.02.2023 and declined do the needful in the matter. The action on the part of the ADLR is untenable. The reason is plain and apparent. When a request is made to mutate the names in the City Survey Extract, the authority concerned is bound to mutate the same under the provisions of the Karnataka Land
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NC: 2025:KHC-D:4586 WP No. 103494 of 2023
Revenue Act, 1964. Furthermore, the reasons accorded in the endorsement are also untenable. Therefore, this Court deems it proper to quash the endorsement and also a letter of communication. 5. The Writ of certiorari is ordered. The endorsement dated:03.02.2023 issued by the second respondent vide Annexure-A and also a letter of communication dated:28.07.2022 issued by the second respondent vide Annexure-L are quashed. A Mandamus is ordered directing the second respondent to consider the representation submitted by the petitioner dated:20.06.2022 vide Annexure-G and do the needful in the matter, in accordance with the law within three months from the receipt of certified copy of this order. 6. Resultantly, the Writ Petition is allowed. Sd/- (JYOTI MULIMANI) JUDGE MRP List No.: 1 Sl No.: 75