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2025 DAILYLAW 66973 (KAR)

NARAYANAPPA v. THE STATE OF KARNATAKA

WP/6197/2024 · 2025-12-05

S Sunil Dutt Yadav

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:51139 WP No. 6197 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO.6197 OF 2024 (KLR-RES) BETWEEN: NARAYANAPPA S/O. LATE GULLAPPA AGED ABOUT 54 YEARS R/T NO.190, 3RD CROSS A. K. COLONY, LAST BUS STOP BEGUR, BEGUR HOBLI BENGALURU SOUTH TALUK BENGALURU-560 069 …PETITIONER (BY SRI G. BALAKRISHNA SHASTRY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO REVENUE DEPARTMENT M. S. BUILDING, DR. AMBEDKAR ROAD BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DEPARTMENT BENGALURU-560 001 3. THE TAHSILDAR BENGALURU SOUTH TALUK (PRESENT) KANDAYA BHAVANA 1ST FLOOR , K. G. ROAD BENGALURU-560 009 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, A.G.A.) Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:51139 WP No. 6197 of 2024 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 02.01.2024 IN NO.RRT(BH)CR/369/2022-23 ISSUED BY THE SPECIAL TAHSILDAR, BENGALURU SOUTH TALUK, BENGALURU PRODUCED AT ANNEXURE-A AND DIRECT THE RESPONDENT NO.3 TO EFFECT INHERITANCE KHATA IN RESPECT OF LAND SY.NO.1 AREA 2-ACRES 10-GUNTAS OF CHANDRASHEKARAPURA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK AS A HEIR AND SUCCESSOR OF LATE GULLAPPA BIN MUNIYAPPA. THIS WRIT PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking to set aside the endorsement at Annexure-A. 2. In terms of the endorsement dated 02.01.2024, the Special Tahsildar has recorded a finding that in terms of 'Koliwada Committee" report, the land was shown as lake land and accordingly, the application for effecting of katha with respect to an extent of 2 acres 10 guntas in Sy. No.1 of Chandrashekarapura Village, cannot be considered. - 3 - HC-KAR NC: 2025:KHC:51139 WP No. 6197 of 2024 3. It is noticed that mutation was effected in M.R. No.16/75-76 in the name of Gullappa son of Muniswamappa, copy of which is produced at Annexure-B. The RTC at Annexure-C would indicate the name of Gullappa for the year 1978-79 to 1980-81. Annexure-C1 would also indicate the name of Gullapa as regards the said survey number for the year 1993-94 to 1996-97. In terms of Annexure-C2 as well, the name of Gullappa is shown in the RTC for the year 1997-98 to 1999-2000. 4. The death certificate of Gullappa has been produced, which reveals that Gullappa died on 04.12.2011. Petitioner submits that he is the son of late Gullappa and certificate from the Revenue Department to such effect is produced at Annexure-E. It is further submitted that despite several representations after the death of his father is submitted, Katha is not transferred to his name. - 4 - HC-KAR NC: 2025:KHC:51139 WP No. 6197 of 2024 5. The endorsement at Annexure-A is to be read along with the report at Annexure-G. The report at Annexure-G would contain an observation that petitioner is stated to have encroached 0-00.04 gunta of lake land. However, it is relevant to notice that the said aspect of encroachment was the subject matter in case No.LGC(P)867/2017 before the Karnataka Land Grabbing Prohibition Special Court, Bengaluru, which has dropped the proceedings observing that the complaint against the accused i.e., the petitioner is devoid of merit. The reasoning reflected in the said order at Para Nos.8 to 14 is detailed and has references to the grant certificate and RTC Extracts standing in the name of Gullappa. After considering all aspects, proceedings have been dropped. 6. The aspect of encroachment of quarter gunta i.e., 287 sq. ft. is also considered. Once proceedings are dropped, there ends the matter. In light of dropping of proceedings and taking note of the order passed in W.P.No. 18064/2024, the endorsement at Annexure-A is - 5 - HC-KAR NC: 2025:KHC:51139 WP No. 6197 of 2024 set aside and the Tahsildar is directed to take appropriate steps to consider and pass orders as per the procedure insofar as the request of the petitioner for effecting "pauti katha". Such process to be completed within three months from today. 7. In light of the above, the writ petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE VP