SRI SHIVAMURTI SIDDAPPA UDAGATTI v. THE STATE OF KARNATAKA
WP/104230/2025 · 2025-07-02
Pradeep Singh Yerur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 6544 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 6544 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:8265 WP No. 104230 of 2025
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR WRIT PETITION NO. 104230 OF 2025 (KLR-RES)
BETWEEN:
SRI. SHIVAMURTI SIDDAPPA UDAGATTI, AGED ABOUT 72 YEARS, OCC: AGRICULTURE, R/O. SHIRGAON, TQ: CHIKKODI, DIST: BELAGAVI-591214. …PETITIONER (BY SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF SURVEY SETTLEMENT & LAND RECORDS, M.S. BUILDING, BENGALURU-01.
2.
THE JOINT DIRECTOR OF LAND RECORDS, BELAGAVI-590001, BELAGAVI DISTRICT.
3.
THE DEPUTY DIRECTOR OF LAND RECORDS, BELAGAVI DISTRICT, BELAGAVI-590001.
4.
THE ASSISTANT DIRECTOR OF LAND RECORDS, CHIKKODI, SUB DIVISION, TQ: CHIKODI, DIST: BELAGAVI PC-590001.
5.
THE TAHASILDAR, CHIKKODI, TQ: CHIKODI, DIST: BELAGAVI-590001. …RESPONDENTS (BY SRI. M.M. KHANNUR, AGA FOR THE RESPONDENTS)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR ORDER IN THE LIKE NATURE, DIRECTING THE RESPONDENT AUTHORITIES HEREIN TO FORTHWITH CONDUCT SURVEY AND PHODI/SUB-DIVISION OF THE
VIJAYALAKSHMI M KANKUPPI Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:8265 WP No. 104230 of 2025
R.S. NO.53 TO THE EXTENT 17-ACS 21-GTS IN R.S. NO.53 OF NEJ VILLAGE IN CHIKODI TALUK AND TO CERTIFY AND ISSUE SEPARATE PT SHEET AND RTC IN RESPECT OF THE PETITIONER'S HOLDING IN R.S. NO.53 TOTALLY MEASURING 29-ACS 31-GTS OF NEJ VILLAGE, CHIKKODI TALUK AS PER THE APPLICATION SUBMITTED BY THE PETITIONER VIDE ANNEXURE-C IN THE INTEREST OF THE JUSTICE AND EQUITY AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE PRADEEP SINGH YERUR)
Heard the learned counsel for the petitioner and the learned AGA for the respondents/State.
2. It is the case of the petitioner that he owns 17 acres 21 guntas of land out of 29 acres 31 guntas in R.S. No.53 situate at Nej village, Chikodi taluk, Belagavi district and one Sri. Siddu Annappa Haragapure and his family members owns 2 acres 37 guntas of land in the said R.S. No.53. It is his further case that various owners own various extents in R.S. No.53 and are having single RTC and no sub-division is carried out. Sri. Siddu Haragapure filed a suit for partition and separate possession in O.S. No.101/2025 against his brothers and others wherein he has pleaded that he has no claim against the petitioner and his family members, who are arraigned as formal defendants in the said suit. The trial Court has granted temporary injunction restraining the
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HC-KAR NC: 2025:KHC-D:8265 WP No. 104230 of 2025
defendants from alienating or creating encumbrance over the suit property. Though the petitioner has filed an application for issuance of separate PT sheet and RTC to the extent of petitioner’s holding, the respondent authorities have not taken any action. Hence, the petitioner is before this Court.
3. Learned HCGP representing the State submits that the application so made by the petitioner would be considered if reasonable time is granted.
4. Under the circumstances, I pass the following:
ORDER i) The petition is allowed. ii) A writ of mandamus is issued directing the respondents-Authorities to consider the application of the petitioner as per Annexure C and pass suitable orders in accordance with law within an outer limit of four weeks from the date of receipt of a copy of this
order.
Sd/- (PRADEEP SINGH YERUR) JUDGE
Kmv/CT-MCK