- 1 - HC-KAR NC: 2025:KHC:29102 WP No. 14303 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 14303 OF 2025 (KLR-RES) BETWEEN: SRI N H RAJU S/O LATE N.C. HUCHAVEERALAH, AGED ABOUT 55 YEARS, R/O PARAMANNA LAYOUT, NELAMANGALA TOWN, BENGALURU RURAL DISTRICT - 562 123. …PETITIONER (BY SRI. VIRUPAKSHAIAH P.H..,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI - 562 110. 3. THE ASSISTANT COMMISIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA 561 203. 4. THE TAHSILDHAR DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT - 561 203. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:29102 WP No. 14303 of 2025 5. THE LAND GRANT COMMITTEE FOR GRANT OF LANDS TO UNAUTHORIZED OCCUPANTS OF GOVERNMENT LANDS, NELAMANGALA, BENGALURU RURAL DISTRICT - 562 123. BY ITS CHAIRMAN …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECT THE R4 AUTHORITY TO CONSIDER THE REPRESENTATION DATED 20/12/2023 VIDE ANNEXURE-M AND PASS APPROPRIATE ORDERS FOR RECTIFICATION OF SAGUVALLI CHIT AND TO EFFECT KATHA IN FAVOUR OF THE PETITIONER IN RESPECT OF LAND BEARING SY. NO. 50 MEASURING TO AN EXTENT OF 1 ACRE 37 GUNTAS SITAUTED AT TONACHINAKUPPE VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT IN TERMS OF THE ORDER BEARING RA (NE) NO.196/2020 DATED 25/11/2020 VIDE ANNEXURE-K PASSED BY THE R3 AUTHORITY. 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 Additional Government Advocate takes notice for all the respondents. 2. The prayer in this writ petition is to issue a writ of mandamus directing the 4th respondent-Tahsildar, to consider the representation dated 20.12.2023 at Annexure-M given by the petitioner. On going through the representation, this Court - 3 - HC-KAR NC: 2025:KHC:29102 WP No. 14303 of 2025 finds that the petitioner is contending that his father, late Sri.N.C.Huchaveeraiah, was granted 1 acre 37 guntas of land in Sy.No.50 of Tonachikuppe Village, Kasaba Hobli, Nelamanagala Taluk, by way of an official memorandum dated 08.05.1997. Saguvali Chit was also issued in favour of Sri.Huchaveeraiah on 08.08.1997. However, after the death of the petitioner's father, the 4th respondent issued a modified Official Memorandum on 16.04.2016 reducing the extent of land to 19 guntas on the ground that the petitioner's father was in occupation of only 19 guntas of land and therefore, he was entitled to a grant of only 19 guntas of land. 3. The petitioner herein filed an appeal under Section 136(2) of the Karnataka Land Revenue Act, 1964, and the Assistant Commissioner passed an order on 25.11.2020 directing the Tahsildar to physically verify the extent of land in occupation of the petitioner, peruse the land records and thereafter, take a decision in accordance with law. When no decision was taken by the Tahsildar, the petitioner herein filed W.P.No.20075/2021 with a similar prayer seeking direction to the Tahsildar to consider the representation dated 19.08.2021. - 4 - HC-KAR NC: 2025:KHC:29102 WP No. 14303 of 2025 This Court, by order dated 19.10.2022 disposed of the writ petition directing the Tahsildar to consider the representation within eight weeks. Learned counsel submits that despite such directions at the hands of this Court, no orders have been passed by the Tahsildar and therefore, the petitioner gave one more representation dated 20.12.2023 at Annexure-M. 4. Learned Additional Government Advocate raises an objection that if the extent of land is reduced by the competent authority, i.e., the Tahsildar, the same could not be questioned by the petitioner under Section 136(2) of the Act. On the other hand, Section 49 of the Act is the appropriate provision under which the petitioner should have challenged the order passed by the Tahsildar. 5. Learned Additional Government Advocate is right in his submission that such an order passed by the Tahsildar reducing the extent of land could not be questioned under Section 136 of the Act. Subsection (2) of Section 136 provides for an appeal remedy to a person affected by an order made under subsection (4) or an entry certified under subsection (6) of Section 129 within a period of 60 days from the date of - 5 - HC-KAR NC: 2025:KHC:29102 WP No. 14303 of 2025 communication of the order or the knowledge of the entry certified. Section 129 of the Act pertains to registration of mutations and entry of disputed cases in respect of the revenue entries and not in respect of an order passed by the Tahsildar reducing the extent of land having regard to the rules governing grant of Land. 6. Consequently, the writ petition stands disposed of, reserving liberty to the petitioner to raise a challenge under Section 49 of the Act if the petitioner is aggrieved by the action of the Tahsildar in reducing the extent of land. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv