Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 49012 (KAR)

SRI BABU POOJARY v. THE STATE OF KARNATAKA

WP/24936/2025 · 2025-09-22

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38002 WP No. 24936 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.24936 OF 2025 (KLR-RES) BETWEEN: SRI BABU POOJARY S/O. LATE LOKU POOJARY AGED ABOUT 57 YEARS R/AT SHIVALLI VILLAGE, UDUPI TALUK UDUPI DISTRICT - 576 102 …PETITIONER (BY SRI ARVIND N., FOR SRI MOHAN KUMAR D., ADVOCATES) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560 001 2. THE DISTRICT COMMISSIONER ADDRESS: DISTRICT COMMISSIONER OFFICE RAJATADRI, MANIPAL-576 104 3. THE ASSISTANT COMMISSIONER ADDRESS: ASSISTANT COMMISSIONER OFFICE KUNDAPURA SUB-DIVISION KUNDAPURA, UDUPI-576 201 4. THE TAHSILDAR ADDRESS: TALUK OFFICE CIRCUIT HOUSE ROAD BANNANJE, UDUPI-576 101 Digitally signed by PRASHANTH N V Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38002 WP No. 24936 of 2025 5. THE SUB-REGISTRAR ADDRESS: SUB-REGISTRAR OFFICE BRAHMAGIRI, UDUPI-576 101 …RESPONDENTS (BY SRI V. SESHU, H.C.G.P.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO: A) DIRECTION TO RESPONDENT NO.2 TO MAKE THE NECESSARY ENTRY OF INTERIM ORDER DATED 29.04.2025 PASSED IN W.P NO.11955/2025 IN COLUMN NO.11 OF THE RTC, AS DETAILED IN THE REPRESENTATION DATED 12.06.2025, VIDE ANNEXURE-E. B) DIRECTION TO RESPONDENT NO.3 TO MAKE THE NECESSARY ENTRY OF INTERIM ORDER DATED 29.04.2025 PASSED IN W.P NO.11955/2025 IN COLUMN NO.11 OF THE RTC, AS DETAILED IN THE REPRESENTATION DATED 12.06.2025, VIDE ANNEXURE-E1. C) DIRECTION TO RESPONDENT NO.4 TO MAKE THE NECESSARY ENTRY OF INTERIM ORDER DATED 29.04.2025 PASSED IN W.P NO.11955/2025 IN COLUMN NO.11 OF THE RTC, AS DETAILED IN THE REPRESENTATION DATED 12.06.2025, VIDE ANNEXURE-E2 D) DIRECTION TO RESPONDENT NO.5 TO MAKE THE NECESSARY ENTRY OF INTERIM ORDER DATED 29.04.2025 PASSED IN W.P NO.11955/2025 IN COLUMN NO.11 OF THE RTC, AS DETAILED IN THE REPRESENTATION dated 12.06.2025, VIDE ANNEXURE-E3. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The prayer in this petition is to issue a writ of mandamus directing the respondent No.2-Deputy Commissioner, Udupi District, or the Tahsildar, Udupi Taluk (description of the - 3 - HC-KAR NC: 2025:KHC:38002 WP No. 24936 of 2025 authorities in the cause title is not proper) to make the necessary entry of interim order dated 29.04.2025 passed in W.P. No.11955/2025 in column No.11 of the RTC at Annexure- E and other reliefs. 2. On the previous date of hearing, when the matter had come up for preliminary hearing, the learned counsel for the petitioner sought to place reliance on a decision of a Coordinate Bench of this Court in WP No. 8304/2023 dated 11.10.2023, where the co-ordinate Bench set aside the endorsement issued to the Tahsildar whereby the Tahsildar had declined to enter in column 11 of the RTC the orders passed by the Civil Court. Further, in the light of the legal position as discussed in the body of the order, it was directed that the Principal Secretary, Revenue Department shall take note of the orders passed by this Court and the orders passed earlier in W.P No.11955/2025 and take necessary action to make entry of the interim orders passed by the Civil Court in column No. 11. 3. Learned AGA had sought for sometime to place before this Court the action taken by the Principal Secretary, Revenue Department and accordingly today, the learned AGA has placed - 4 - HC-KAR NC: 2025:KHC:38002 WP No. 24936 of 2025 before this Court a communication dated 11.03.2025 made by the Revenue Commissioner, Bengaluru to all the Deputy Commissioners and Assistant Commissioners bringing to their notice the order passed by this Court in W.P No.10943/2020 to enable entry of such orders passed by the Civil Courts in column No.11. 4. In that view of the matter, writ petition stands disposed of with the direction to respondent No.3 - Assistant Commissioner, Kundapur Sub-Division to issue necessary orders enabling the Tahsildar to enter in column no. 11 of the RTC pertaining to Survey No.173/13 (new Sy.No.173/13) totally measuring 47 cents situated at Shivalli, Udupi Taluk, Udupi District, orders passed in O.S. No.34/2025 by the Senior Civil Judge and CJM., Udupi. The entry shall be made as expeditiously as possible and at any rate, within a period of four weeks from the date of receipt of a copy of this order. SD/- (R DEVDAS) JUDGE BS List No.: 1 Sl No.: 23