Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:7278 WP No. 2867 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.2867 OF 2025 (KLR-RR/SUR)
BETWEEN:
1.
SMT. MARIYAMMA W/O NAGARAJ AGED ABOUT 72 YEARS
2.
SMT. NANJAMMA W/O THIMMARAYAPPA AGED ABOUT 92 YEARS
3. SMT.PADMA W/O LATE LAKSHMANNA AGED ABOUT 65 YEARS
4.
SMT. KAMALAMMA W/O RAMACHANDRAPPA AGED ABOUT 70 YEARS
5.
SMT.GIRIJAMMA ALIAS GOWRAMMA W/O NARAYANACHARI ALIAS NARAYANAPPA AGED ABOUT 72 YEARS
6.
SMT.SAROJAMMA ALIAS THULASIBAI W/O LATE GOPAL ALIAS KUPPE NAYAK AGED ABOUT 66 YEARS
7.
SMT.INDUBAI ALIAS PADMAVATHI W/O LATE RAMACHANDRA SHINDE ALIAS SRINIVAS AGED ABOUT 67 YEARS
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:7278 WP No. 2867 of 2025
8.
SRI.HEERALALA ALIAS MUTHURAYAPPA S/O LATE PREMJI ALIAS PERUMALLAPPA AGED ABOUT 70 YEARS
ALL ARE RESIDING AT GULAKAMALE VILLAGE UTTARAHOBLI, BENGALURU HOBLI BENGALURU SOUTH TALUK BENGALURU URBAN DISTRICT
REPRESENTED BY GPA HOLDER SRI. RAJASHEKARA SHARMA GR S/O LATE RAMACHANDRA AND KAMALAMMA (PETITIONER NO. 4) AGED ABOUT 45 YEARS R/AT NO.468, 8TH CROSS SRI.NAGACHAMUNDESHWARI TEMPLE LAKSHMI LAYOUT, PUTTENAHALLI JP NAGARA 7TH PHASE BENGALURU - 560076 …PETITIONERS (BY SRI. BABU RAO M, ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDANA SOUDHA BENGALURU - 560001
2.
DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT KG ROAD, BEHIND KANDAYA BHAVANA BENGALURU KARNATAKA - 560001
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NC: 2025:KHC:7278 WP No. 2867 of 2025
3.
THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVISION BENGALURU URBAN DISTRICT KG ROAD, KANDAYA BHAVANA BENGALURU KARNATAKA - 560001
4.
THE TASHILDHAR BENGALURU SOUTH TALUK BENGALURU, KG ROAD KANDAYA BHAVANA BENGALURU KARNATAKA - 560001
5.
THE ASSISTANT DIRECTOR LAND RECORDS BENGALURU SOUTH TALUK BENGALURU-5600
6.
THE DEPUTY DIRECTOR OF LAND RECORDS AND SURVEY SETTLEMENT BENGALURU SOUTH TALUK BENGALURU-5600 …RESPONDENTS (BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING R2 TO R4 TO MUTATE RTCS IN NAMES OF THE PETITIONERS OF THEIR RESPECTIVE LANDS AND ALSO DIRECT R2 TO R6 TO CONDUCT PHODI AND DURASTI ON PETITIONERS PROPERTY (MORE FULLY DESCRIBED IN THE SCHEDULE HEREINUNDER) OR IN ALTERNATIVE AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:7278 WP No. 2867 of 2025
CORAM:
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The captioned writ petition is filed seeking mandamus against respondent Nos.2 to 4 to mutate the petitioners' names in the RTC pertaining to the petition land and thereafter, direct respondent Nos.2 to 6 to conduct phodi and durasti insofar as petitioners' land is concerned.
2. The petitioners appear to have submitted representations to respondent No.4 – Tahasildar to reflect the petitioners names in the RTC and accordingly, representations are submitted. The petitioners are tracing their title based on the Certificate of Grant/ Saguvali Chit, which was issued to the petitioners on receiving the upset price amount on 27.04.1979. The petitioners are asserting that the grant made in favour of the petitioners has attained finality and therefore, they are entitled to get their names mutated in the RTC. Alleging inaction on the
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NC: 2025:KHC:7278 WP No. 2867 of 2025
part of respondent No.4 – Tahasildar, the captioned writ petition is filed.
3. Learned AGA submits that the Grant Certificate and other relevant documents will be verified and in the event the Grant Order is found to be genuine, respondent No.4 – Tahasildar will ensure that the petitioners names are reflected in the RTC.
4. Recording her assurance, this Court proceeds to pass the following;
ORDER (i) The writ petition is allowed.
(ii) Respondent No.4 - Tahashildar is hereby
directed to consider the petitioners representations dated 11.01.2024, 14.08.2024 and 17.01.2025 and pass appropriate orders in accordance with law.
(iii) This exercise shall be accomplished within a period of four months from the date of receipt of order copy.
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NC: 2025:KHC:7278 WP No. 2867 of 2025
(iv) In the event the grant is found to be genuine and the petitioners names are reflected in the RTC, respondent No.4 – Tahasildar in co-ordination with respondent No.5 – Assistant Director of Land Records shall accomplish the phodi and durasti insofar as petitioner’s land is concerned.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 33