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2025 DAILYLAW 50452 (KAR)

SMT. CHANDI HUSEN BEE W/O CHANDI BABU SAB ALIAS CHANDI DODDA BABU v. THE STATE OF KARNATAKA

WP/103007/2025 · 2025-08-22

Suraj Govindaraj

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:10667 WP No. 103007 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 103007 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. CHANDI HUSEN BEE W/O. CHANDI BABU SAB @ CHANDI DODDA BABU, AGE: 75 YEARS, OCC. HOUSEHOLD WORK, R/O. WARD NO.5, TEKKALAKOTA TOWN, TAL. SIRUGUPPA, DIST. BALLARI-583121. 2. SRI. CHANDI HUSEN BASHA S/O CHANDI BABU SAB @ CHANDI DODDA BABU AGE: 58 YEARS, OCC. AGRICULTURE, R/O. WARD NO, 5 TEKKALAKOTA TOWN, TAL. SIRUGUPPA, DIST. BALLARI- 583121. 3. SRI. CHANDI KHAZAMODIN S/O. CHANDI BABU SAB @ CHANDI DODDA BABU AGE: 51 YEARS, OCC. AGRICULTURE, R/O. WARD NO 5, TEKKALAKOTA TOWN, TAL. SIRUGUPPA, DIST. BALLARI- 583 121. 4. SRI. CHANDI SANNA KHAZASAB S/O CHANDI BABU SAB @ CHANDI DODDA BABU, AGE: 45 YEARS, OCC. AGRICULTURE, R/O. WARD NO 5, TEKKALAKOTA TOWN, TAL. SIRUGUPPA, Digitally signed by SAROJA HANGARAKI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - HC-KAR NC: 2025:KHC-D:10667 WP No. 103007 of 2025 DIST. BALLARI- 583121. &PETITIONERS (BY SRI. RAJENDRA R.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER, BALLARI, DIST. BALLARI- 583101. 3. THE ASSISTANT COMMISSIONER, BALLARI, TAL. AND DIST. BALLARI- 583101. 4. THE TAHASILDAR, *SIRUGUPPA, *TAL. SIRUGUPPA, DIST. BALLARI- 583101. 5. SRI M KHADAR BASHA S/O LATE HONNUR SAB, AGE: MAJOR, OCC. AGRICULTURE, R/O. WARD NO 7, TEKKALKOTE TOWN, TAL. SIRUGUPPA, DIST. BALLARI- 583121. 6. SRI M HONNUR SAB S/O. LATE HONNUR SAB, AGE: MAJOR, OCC. AGRICULTURE, R/O. WARD NO 7, TEKKALAKOTE TOWN, TAL. SIRUGUPPA, DIST. BALLARI- 583121. 7. SRI M IMAM HUSEN S/O. LATE HONNUR SAB, AGE: MAJOR, OCC. AGRICULTURE, R/O. WARD NO 7, TEKKALKOTE TOWN, TAL. SIRUGUPPA, DIST. BALLARI- 583121. 8. SMT. P HUSEN BEE D/O. LATE HONNUR SAB, AGE: MAJOR, * Corrected vide Court order dated 17.09.2025 Sd/- SGRJ - 3 - HC-KAR NC: 2025:KHC-D:10667 WP No. 103007 of 2025 OCC. HOUSEHOLD WORK, R/O. NEAR KEB OFFICE, HOLAGUND VILLAGE, TAL. ALURU, DIST. KURNOOL-518001, ANDHRA PRADESH STATE. 9. THE REVENUE INSPECTOR TEKKALKOTE, TAL.SIRUGUPPA, DIST.BALLARI-583121. 10. THE VILLAGE ACCOUNTANT NITTURU, TAL.SIRUGUPPA, DIST.BALLARI-583121. &RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 TO R4, R9 AND R10; NOTICE TO R5 TO R8 IS DISPENSED WITH) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO,I) ISSUE A WRIT OF MANDAMUS TO THE RESPONDENT NO.4 TO MUTATE THE NAMES OF THE PETITIONERS IN THE RECORD OF RIGHTS OF LAND BEARING SY.NO.276C/1 MEASURING 1 ACRE 13 CENTS AND SY.NO.276C/3 MEASURING 1 ACRE 30 GUNTAS SITUATED AT NITTURU VILLAGE, TEKKALKOTE HOBLI, SIRUGUPPA TALUK OF BALLARI DISTRICT BY CONSIDERING THE REPRESENTATIONS DATED 25/09/2023 AND 5/03/2025 MARKED AT ANNEXURE-E AND H RESPECTIVELY.II) AND ANY OTHER RELIEF WHICH DEEMS FIT IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ) 1. Learned AGA accepts notice for respondent Nos. 1 to 4, 9 and 10. Notice to respondent Nos. 5 to 8 is - 4 - HC-KAR NC: 2025:KHC-D:10667 WP No. 103007 of 2025 dispensed with in view of proposed order to be passed. 2. The petitioners are before this Court seeking for the following reliefs: i) Issue a writ of mandamus to the Respondent no.4 to mutate the names of the petitioners in the record of rights of land bearing Sy.No.276C/1 measuring 1 acre 13 cents and Sy.No.276C/3 measuring 1 Acre 30 Guntas situated at Nitturu Village, Tekkalkote Hobli, Siruguppa Taluk of Ballari Distririct by considering the representations dated 25/09/2023 and 5/03/2025 marked at Annexure-E and H respectively. ii) And any other relief which deems fit in the interest of justice. 3. The petitioners claim that their father purchased land bearing Survey Nos. 276C/1 and 276C/3, measuring 1 acre 30 guntas, situated at Nitturu Village, Tekkalkote Hobli, Siruguppa Taluk, Ballari District. The land was purchased from the fathers of Respondents Nos. 5 to 8. An application was made for entering the name of the petitioners9 father in the revenue records, which was subsequently followed by - 5 - HC-KAR NC: 2025:KHC-D:10667 WP No. 103007 of 2025 representations submitted by the petitioners. However, no action has been taken in this regard. 4. It is a settled position that whenever an application is filed for mutation or for a change in the name in the revenue entries, the concerned officers are duty- bound to take necessary action in accordance with the provisions of the Karnataka Sakala Services Act, 2011 within the prescribed time limit. If necessary, notices must be issued to the concerned parties. None of these steps have been undertaken in the present case. ORDER i. The writ petition is allowed. ii. A writ of mandamus is issued directing Respondent No. 4 to consider the representations dated 25.09.2023, 05.03.2025 vide Annexures-E and H - 6 - HC-KAR NC: 2025:KHC-D:10667 WP No. 103007 of 2025 and shall issue notices to respondents Nos. 5 to 8, if necessary. iii. Respondent No. 4 is directed to pass appropriate orders within four weeks from the date of receipt of a copy of this order. Sd/- (SURAJ GOVINDARAJ) JUDGE VB/Ct:pa/List No.: 1 Sl No.: 3