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2025 DAILYLAW 46037 (KAR)

SMT.N.ANUSUYA v. THE STATE OF KARNATAKA

WP/3565/2025 · 2025-02-24

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - NC: 2025:KHC:8615 WP No. 3565 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3565 OF 2025 (KLR-RES) BETWEEN: 1. SMT.N.ANUSUYA W/O LATE MUNIREDDY AGED ABOUT 52 YEARS R/AT NO. 464/4, GOPALAREDDY LAYOUT NEAR A.N.R. KALYANA MANTAPA CHANDAPURA ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT-560 020. 2. SRI.V. LAKSHMAN S/O SUSHEELAMMA AGED ABOUT 46 YEARS R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT-560 020. 3. SRI. YASHWANTHA D/O VENKATASWAMYREDDY AGED ABOUT 35 YEARS R/AT NO.573, 17TH CROSS ISRO LAYOUT, BENGALURU-560 078. …PETITIONERS (BY SRI. RAMESHA .H.E, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY THE UNDER SECRETARY TO REVENUE DEPARTMENT GOVERNMENT OF KARNATAKA M.S BUILDING, BENGALURU-560 009. Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8615 WP No. 3565 of 2025 2. THE DEPUTY COMMISSIONER BENGALURU SOUTH, BENGALURU-560 002. 3. THE ASSISTANT COMMISSIONER SOUTH SUB-DIVISION BENGALURU-560 002. 4. THE SPECIAL TAHASILDAR VINAYAKANAGARA, ANEKAL TALUK ANEKAL, KARNATAKA-562 106. 5. SRI. SRINIVAS REDDY.R.L. S/O LATE LOKESH REDDY AGED ABOUT 33 YEARS R/AT RAMASAGARA VILLAGE ATTIBELE HOBLI, ANEKAL TALUK BANGALORE DISTRICT 6. PADMAMMA W/O NARAYANAREDDY AGED MAJOR 7. SUSHEELAMMA W/O VENKATASWAMY REDDY AGED MAJOR BOTH ARE R/AT RAMASAGARA VILLAGE ATTILEBELE HOBLI ANEKAL TALUK- 563 113. …RESPONDENTS (BY SMT. B.P.RADHA, AGA FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DECLARE THE ORDER DATED 09.01.2024 IN RRT(D)CR/02/2022-23 PASSED BY THE RESPONDENT No.4 SPECIAL TAHSILDAR, ANEKAL TALUK, BENGALURU RURAL DISTRICT, IS PRODUCED AT ANNEXURE-N IS ILLEGAL AND QUASH THE SAME AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:8615 WP No. 3565 of 2025 CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Petitioners are assailing the order of respondent No.4/Tahsildar. The order arises out of the proceedings under Section 128 of the Karnataka Land Revenue Act, 1964. Therefore, petitioners have an efficacious remedy by way of an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964. 2. Be that as it may, three suits are pending in O.S.No.758/2006, 293/2018 and 296/2018. Petitioners are tracing their right through Padmamma and Susheelamma, who are the daughters of Nanja Reddy, while the male members have chosen to effect partition of the properties of Nanja Reddy based on the partition deed of the year 2002. Therefore, this Court is of the view that petitioners have to be relegated to civil Court to seek appropriate remedy. Unless petitioners through their respective mothers are able to get over the partition deed obtained by the male coparceners, petitioners cannot - 4 - NC: 2025:KHC:8615 WP No. 3565 of 2025 agitate their right in mutation proceedings. Petitioners even otherwise can trace their right and title only through their respective mothers namely Padmamma and Susheelamma. The records reveal that Padmamma has already approached the civil Court and has filed a partition suit. 3. Therefore, relegating petitioners to work out their rights through their mothers in the pending suits, the writ petition stands disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 1 Sl No.: 35