Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:38965 WP No. 29474 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 29474 OF 2025 (KLR-RES) BETWEEN:
MR. NAGARAJU S/O LATE PUJAGAIAH AGED ABOUT 54 YEARS R/AT NO. 55, BYRASANDRA GRAMA, KENGERI HOBBALI, BENGALURU SOUTH TALUK BENGALURU - 560 062. …PETITIONER (BY SRI. C.N. MAHADESHWARAN, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001.
2.
THE SPECIAL DEPUTY COMMISSIONER K.G. ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BENGALURU SOUTH SUB-DIVISION BENGALURU - 560 009.
3.
THE DEPUTY COMMISSIONER, K.G. ROAD, AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA, BENGALURU SOUTH SUB-DIVISION Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:38965 WP No. 29474 of 2025 BENGALURU - 560 009.
4.
THE ASSISTANT COMMISSIONER, K.G. ROAD, AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA, BENGALURU SOUTH SUB-DIVISION BENGALURU - 560 009.
5.
THE TAHSILDAR, K.R. ROAD, AMBEDKAR VEEDHI SAMPANGI RAMA NAGARA, BENGALURU SOUTH SUB-DIVISION BENGALURU - 560 009. …RESPONDENTS (BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO 1. ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, DIRECTING THE RESPONDENT AUTHORITIES TO FORTHWITH RESTORE THE REVENUE ENTRIES IN RESPECT OF THE SCHEDULE PROPERTY IN THE NAME OF PETITIONER, IN COMPLIANCE WITH THE ORDER IN CASE NO. RRT (2) (S) CR.25/2022-23 DATED 20.04.2024 ANNX-A PASSED BY RESPONDENT NO.3 AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents.
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HC-KAR NC: 2025:KHC:38965 WP No. 29474 of 2025
2.
Learned counsel for the petitioner submits while drawing the attention of this Court to Annexure-G, order of the Assistant Commissioner, Bangalore South Sub- Division, in proceedings bearing No.RA(S)429/2019-20 dated 05.03.2021, that the Assistant Commissioner while considering the appeal filed under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') at the hands of the petitioner herein seeking necessary direction to the Tahsildar to enter the name petitioner in the revenue records, found that there was a direction issued by this Court in W.P.No.17382/2015 directing the revenue authorities to consider the applications filed by the petitioner for entering his name in the revenue records in respect of 4 acres 20 guntas in Survey No.83 of Agara Village, Kengeri Hobli, Bangalore South Taluk and accordingly, while allowing the application, the Assistant Commissioner directed the Tahsildar to enter the name of the petitioner in the revenue records. However, the Tahsildar filed a revision petition before the Special Deputy
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HC-KAR NC: 2025:KHC:38965 WP No. 29474 of 2025 Commissioner-2, Bangalore South Sub-Division in RRT(2)(S)CR:25/2022-23 under Section 136(3) of the Act. The Deputy Commissioner, while dropping the proceedings initiated by the Tahsildar, directed the Tahsildar to restore the revenue entries in terms of the orders passed by the Assistant Commissioner. However, directions were also issued to protect the lands granted for 'Ashraya Scheme'.
3.
Learned counsel submits that no part of the land belonging to the petitioner in Survey No.83 measuring 4 acres 20 guntas is formed into Ashraya Scheme lands. The learned counsel therefore prays that the respondent-Tahsildar may be directed to enter the name of the petitioner in the revenue records in terms of the orders passed by the Assistant Commissioner.
4. Having perused the order passed by the Special Deputy Commissioner at Annexure-A, this Court finds that the Special Deputy Commissioner has verified the original records and found that 4 acres and 20 guntas of land in
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HC-KAR NC: 2025:KHC:38965 WP No. 29474 of 2025 Survey No.83 was originally government land and it was granted to Smt.Siddamma, the mother of the petitioner herein, on 16.01.1961. The Special Deputy Commissioner further held that since the authorities have already issued a grant certificate in favour of Smt.Siddamma and revenue entries have been mutated in the name of Smt.Siddamma and the grant is legal and valid, the Special Deputy Commissioner has directed the Tahsildar to restore the revenue entries accordingly. The other direction to protect the lands granted for Ashraya Scheme was wholly unnecessary.
5. The only other issue is whether the petitioner is the only legal heir of Smt.Siddamma. In that view of the matter, the writ petition stands disposed of with a direction to respondent No.5-Tahsildar, Bangalore South Taluk, to proceed to issue notice to all concerned to find out as to whether the petitioner is the only legal heir of Smt.Siddamma and if that is so, the Tahsildar shall enter the name of the petitioner in the revenue records. If it is
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HC-KAR NC: 2025:KHC:38965 WP No. 29474 of 2025 found that there are other legal heirs also, then the names of all the legal heirs of Smt. Siddamma shall be entered in the revenue records as expeditiously as possible and at any rate within a period of two months from the date of receipt of a certified copy of this order.
6. The writ petition is accordingly disposed of while clarifying the impugned order passed by the Deputy Commissioner.
Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 36 CT: BHK