SRI. SHARANU SHETTAPPA SWAMY v. THE STATE OF KARNATAKA
WP/36001/2024 · 2025-08-21
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 56514 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 56514 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32651 WP No. 36001 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 36001 OF 2024 (KLR-RES) BETWEEN:
1.
SRI. SHARANU SHETTAPPA SWAMY S/O. VENKATAPPA AGED ABOUT 69 YEARS KASABA NORTH HOBLI TUMKURU TALUK TUMKURU DISTRICT-572 106 …PETITIONER (BY SRI. D C NARAYANA SWAMY., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU - 560 001.
2.
THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR - 572 101
3.
THE ASSISTANT COMMISSIONER TUMKUR SUB DIVISION TUMKUR - 572 101
4.
THE TAHSILDAR TUMKUR TALUK TUMKUR - 572 101 …RESPONDENTS (BY SRI.MOHAMMED JAFFER SHAH, AGA) Digitally signed by SHARADAVANI B Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:32651 WP No. 36001 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION PRAYING TO DIRECTING THE RESPONDENT NO.2 TO ENTER THE PETITIONER'S NAME SEPARATELY IN THE KATHA TO EXTENT OF HIS REGHTFUL SHARE AS CLAIMED IN REPRESENTATION DATED 04.11.2024 VIDE ANNEXURE-C 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 AGA takes notice for all the respondents.
2. The prayer in the petition is to direct respondent Nos.2 to 4 to consider the representations given by the petitioner at Annexures-C, C1 and C2.
3. Learned AGA submits that it is clear from the representations given by the petitioner that he seeks the Tahsildar to divide the property between the petitioner and his brother and enter the name of the petitioner in respect of the identified and divided portion of the property, which is impermissible. Learned AGA submits that unless there is a division or a partition in accordance with law, the Tahsildar cannot undertake the exercise of assigning rights or registering Kathas separately.
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HC-KAR NC: 2025:KHC:32651 WP No. 36001 of 2024
4. There is substance in the submission made by the learned AGA. It is for the petitioner to get the property in question divided in the manner known to law and thereafter approach the Tahsildar to make separate entries in respect of the divided portion, which has fallen to the share of the petitioner.
5. With these observations, the writ petition stands
disposed of. Sd/- (R DEVDAS) JUDGE VM List No.: 1 Sl No.: 17