Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:8270 WP No. 1708 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.1708 OF 2025 (KLR-RES)
BETWEEN:
SRI.NARASIMHAMURTHY S/O LATE LAKSHMAIAH AGED ABOUT 66 YEARS RESIDING AT AVALAHALLI VILLAGE YELAHANKA HOBLI BANGALORE NORTH TALUK BANGALORE-560 064 …PETITIONER (BY SRI. M.SREENIVASA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING VIDHANA SOUDHA DR.B.R.AMBEDKAR VEEDHI BANGALORE - 560 001 REP. BY ITS PRINCIPLE SECRETARY
2.
THE SPECIAL DEPUTY COMMISSIONER-3 BEHIND KANDAYA BHAVAN D.C.OFFICE COMPOUND K.G.ROAD BANGALORE - 560 009
Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA
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NC: 2025:KHC:8270 WP No. 1708 of 2025
3.
THE ASSISTANT COMMISSIONER KANDHAYA BHAVAN K.G.ROAD BANGALORE NORTH TALUK BANGALORE - 560 009
4.
THE TAHASILDAR MINI VIDHANA SOUDHA YELAHANKA BANGALORE NORTH TALUK BANGALORE - 560 064 …RESPONDENTS (BY SRI.MANJUNATH K, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-4 - TAHASILDAR TO IMPLIMENT THE ORDER PASSED BY THE R-2 - SPL. DY.COMMISSIONER AS PER ANNX-A DATED 12.01.2024 MADE IN NO.RRT(2) (NA) CR /105/2009-2010 AND TO CARRY OUT THE MUTATION AND RTC ENTRIES IN THE NAME OF THE PETITIONER TO AN EXTENT OF 1 ACRE IN SY.NO.79 OF AVALAHALLI VILLAGE, YELAHANKA HOBLI, BANGALORE NORTH TALUK AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
The petitioner is seeking mandamus against respondent No.4 - Tahasildar to delete pendency of the
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NC: 2025:KHC:8270 WP No. 1708 of 2025
enquiry reflected in the other right's column by taking cognizance of the order dated 12.01.2024 passed by respondent No.2 - Special Deputy Commissioner, which is evidenced at Annexure-A.
2. Upon reviewing the records, this Court observes that the enquiry initiated by respondent No.2 – Special Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act was dropped by order dated
12.01.2024. In doing so, respondent No.2, after referring to the original records, has conclusively determined that the grant in favour of the petitioner is genuine and valid.
3. Given that the enquiry has been concluded, as evidenced by Annexure-A, respondent No.4 – Tahsildar is duty-bound to promptly remove the entry reflecting the pendency of the enquiry in the "other rights" column.
4. The learned High Court Government Pleader submits that the office of respondent No.4 – Tahsildar is currently vacant, which has led to a delay in implementing
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NC: 2025:KHC:8270 WP No. 1708 of 2025
the
order of respondent No.2 – Special Deputy Commissioner. However, he assures this Court that once the new Tahsildar assumes charge, the pending enquiry entry will be deleted within an outer limit of three months.
5. Recording his assurance, this Court proceeds to pass the following;
ORDER
(i) The writ petition is allowed.
(ii) Respondent No.4 - Tahasildar shall forthwith delete the pendency of the enquiry indicated in the "other rights" column within a period of three months from the date of receipt of order copy.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
NBM List No.: 1 Sl No.: 21