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2025 DAILYLAW 55530 (KAR)

ANJINAMMA v. STATE OF KARNATAKA

WP/8979/2025 · 2025-08-12

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31165 WP No. 8979 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8979 OF 2025 (KLR-RES) BETWEEN: 1. ANJINAMMA W/O. B. NARASIMAMURTY AGED ABOUT 72 YEARS R/AT. CHINNAKURCHI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK-560060. 2. CHIKKANARASAMMA W/O. MUNIYAPPA SINCE DECEASED BY HER L.R SRI. K.N. MANJUNATH, AGED ABOUT 47 YEARS, R/AT. CHINNAKURCHI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK-560060. 3. S.R. RATHNAMMA D/O. RAMAIAHA, AGED ABOUT 66 YEARS, R/AT. CHINNAKURCHI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK-560060. 4. MURALIDHARA, S/O. SHANTHARAMA REDDY, AGED ABOUT 56 YEARS Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31165 WP No. 8979 of 2025 R/O. CHINNAKURCHI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK-560060. …PETITIONERS (BY SRI. N S BHAT., ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU 560 001. 2. THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB DIVSIION KANDAYANA BHAANA, K G ROAD BENGALURU 560 002. 3. TAHSILDAR KANDAYA BHAVAN, K G ROAD, BENGALURU SOUTH TALUK BENGALURU 560 001 …RESPONDENTS (BY SMT. B.P.RADHA., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING/COMMANDING OF THE MANDAMUS TAHSILDAR, BENGALURU SOUTH TALUK, RESOPONDENT NO.3 TO CONSIDER REPRESENTATION DATED- 21-12-2023 AS PER ANNEXURE D GIVEN BY THE PETITIONERS AND TO RESTORE KATHA IN FAVOUR OF FIRST PETITIONER IN RESPECT OF SY. NO.67 MEASURING 2-21-0, IN FAVOUR OF SECOND PETITIONER IN RESPECT OF SY.NO.67 MEASURING 2-5-0 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:31165 WP No. 8979 of 2025 CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioners is that pursuant to the orders passed by this Court in W.P.No.51054/2016 dated 12.10.2023 setting aside the order of cancellation passed by the Assistant Commissioner, when the petitioners have given representation to the respondent- Tahsildar to restore their names in the revenue records, no action has been taken by the Tahsildar. 3. Learned Counsel for the petitioners submits while drawing attention of this Court to the order dated 12.10.2023 in W.P.No.51054/2016 that this Court found that the respondent-State Government has been unsuccessfully right upto the Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.37876/2023. Therefore, the common orders passed by the Assistant Commissioner canceling the grants were set aside by this - 4 - HC-KAR NC: 2025:KHC:31165 WP No. 8979 of 2025 Court on the ground of parity. However, the respondent- Tahsildar has not restored the names of the petitioners in the revenue records. Learned Counsel would also point out to Annexure-C, which is one such order passed by the Deputy Commissioner having regard to the orders passed by this Court and the orders passed by the Hon’ble Supreme Court rejecting the Special Leave Petition filed at the hands of the State Government, the Deputy Commissioner had directed the Tahsildar to restore the names of the grantees in the revenue records. Similar directions are sought by the petitioners. 4. Having regard to the admitted facts and the orders passed by this Court in W.P.No.51054/2016 and the subsequent orders passed by the Deputy Commissioner at Annexure-C, the petitioners are entitled to get their names restored in the revenue records. 5. Accordingly, the writ petition stands disposed of with a specific direction to the 3rd respondent-Tahsildar, Bengaluru South Taluk, Bengaluru, to restore the names - 5 - HC-KAR NC: 2025:KHC:31165 WP No. 8979 of 2025 of the petitioners herein in the revenue records as they were prior to the order of cancellation passed by the Assistant Commissioner. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Ordered accordingly. 6. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL CT: JL