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2025 DAILYLAW 54076 (KAR)

MR. LOHIT SHETTY G v. THE STATE OF KARNATAKA

WP/27954/2025 · 2025-09-26

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:39037 WP No. 27954 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27954 OF 2025 (KLR-RES) BETWEEN: MR. LOHIT SHETTY G., S/O LATE GANGADHAR SHETTY, AGED ABOUT 38 YEARS, R/O CHATRA MAIDANA, WARD NO.5, MUDIGERE TOWN, MUDIGERE TALUK, CHIKKAMAGALURU - 577132. …PETITIONER (BY SRI. KRISHNA S. VYAS, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, REPRESENTED BY PRL. SECRETARY VIKAS SOUDHA, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER, DISTRICT FIELD ROAD, VIJAYA NAGAR, CHIKKAMAGALURU, KARNATAKA - 577101. 3. THE ASST. COMMISSIONER, DISTRICT FIELD ROAD, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39037 WP No. 27954 of 2025 VIJAYA NAGAR, CHIKKAMAGALURU-577101. 4. TAHSILDAR, TALUK OFFICE, MUDIGERE, CHIKKAMAGALURU DIST., KARNATAKA - 577132. 5. THE ASST. DIRECTOR OF LAND RECORDS, TALUK OFFICE, MUDIGERE, CHIKKAMAGALURU - 577132. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR RESPONDENTS) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 18/08/2025 BEARING NO.RRT/CR/.../2025-26 PASSED BY THE 4TH RESPONDENT, PRODUCED AS ANNEXURE-E, AS BEING ILLEGAL, ARBITRARY, WITHOUT JURISDICTION AND IN CONTRAVENTION OF THE ORDER OF THIS HON'BLE COURT DATED 15/07/2025 IN W.P. NO.17064/2023 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS - 3 - HC-KAR NC: 2025:KHC:39037 WP No. 27954 of 2025 ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned counsel for the petitioner submits that despite directions being given by this Court in WP.No.17064/2023 dated 15.07.2025, that the Tahsildar shall consider the representation dated 04.03.2023 given by the petitioner and pass necessary orders within an outer limit of two months, the Tahsildar has made a communication to the Assistant Director of Land Records, Mudigere as found at Annexure-E to find out whether the petitioner is in occupation of the lands in question. 3. Learned High Court Government Pleader points out from the said communication that, although it is true that the lands were granted in favour of the petitioner and in terms of MR.No.3/1979-80, the name of the petitioner was entered in the revenue records, nevertheless, it is also stated that for violation of the conditions of grant, the - 4 - HC-KAR NC: 2025:KHC:39037 WP No. 27954 of 2025 grant has been cancelled and thereafter, by virtue of mutation order bearing MR.No.34/2004-05, the name of Government has been entered in the RTC. The learned HCGP would therefore submit that, unless a challenge is raised to the order of cancellation or the mutation order bearing MR.No.34/2004-05 in a manner known to law, the name of the petitioner cannot be re-entered in the revenue records. 4. At this juncture, learned counsel for the petitioner submits that liberty may be reserved to the petitioner to raise a challenge to the mutation entry in MR.No.34/2004-05 in a manner known to law i.e. to approach the Assistant Commissioner invoking Section 136(2) of the Karnataka Land Revenue Act, 1964. It is also submitted that if there is any order of cancellation of the grant made by any competent authority, the petitioner will seek copy of the same from the Tahsildar and then proceed to take action in accordance with law. However, - 5 - HC-KAR NC: 2025:KHC:39037 WP No. 27954 of 2025 learned counsel seeks a direction to the Tahsildar to furnish all such information. 5. Accordingly, the writ petition stands disposed of, with a direction to the 4th respondent - Tahsildar, Mudigere Taluk to furnish all information regarding cancellation of the grant, if there is any such order and the mutation order bearing MR.No.34/2004-05 to enable the petitioner to raise a challenge to the said orders, including any other transaction or note sheets in that regard, on an application being filed by the petitioner. 6. The copies shall be supplied to the petitioner within a period of four weeks from the date of the petitioner filing the application. Ordered accordingly. Sd/- (R DEVDAS) JUDGE MCR List No.: 1 Sl No.: 15