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2025 DAILYLAW 68208 (KAR)

SRI H MUNIRAJU v. THE STATE OF KARNATAKA

WP/27011/2025 · 2025-09-08

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:35349 WP No. 27011 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27011 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SRI H MUNIRAJU S/OLATE HANUMANTAHPPA AGED ABOUT 64 YEARS R/AT THALAGATTAPAURA VILLAGE, KANAKAPURA MAIN ROAD, UTTARAHALLI HOBLI BANGALORE 560062 (THE PETITIONER HAS NOT CLAIM THE BENEFIT OF SENIOR CITIZEN) …PETITIONER (BY SRI. ANILKUMAR J.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP BY ITS PRINCIPAL SECRETARY VIDHANA SOUDHA BANGALORE 560001. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT K.G.ROAD BANGALORE 560009. 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB DIVISION KANDAYA BHAVAN BANGALORE 560009 Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35349 WP No. 27011 of 2025 4. THE TAHASILDAR BANGALORE SOUTH TALUK OFFCIE AT KANDAYA BHAVAN KEMPEGOWDA ROAD, BANGALORE 560009 …RESPONDENTS (BY SRI. MOHAMMED JAFFARSHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENT NO. 3 PETITIONER MANDAMUS OR DIRECTION, AND 4 TO CONSIDER THE REPRESENTATIONS DATED 28.06.2016, 10.8.2018, 22.05.2023 AND 03.04.2025 VIDE ANNEXURE-D,E, F AND G, IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate (AGA) takes notice for all the respondents. 2. The prayer in the writ petition is to issue a writ of mandamus directing the respondent No.4-Tasildar, Bengaluru South Taluk to consider the representations at Annexures-D, E, F and G given by the petitioner. - 3 - HC-KAR NC: 2025:KHC:35349 WP No. 27011 of 2025 3. Learned Additional Government Advocate points out to Annexure-C dated 01.06.2016 passed by the Deputy Commissioner, Bengaluru Urban District, in a revision petition filed at the hands of the petitioner herein in R.P.No.413/2011-12 where the Deputy Commissioner observed that there are no documents to substantiate the claim of the petitioner or Sri.Vajrappa and others, who also claim that orders were passed by the Special Deputy Commissioner for Inams conferring occupancy rights in their favour. Therefore, the matter was remanded back to the Assistant Commissioner with a direction to verify from the records and get information from the office of the Special Deputy Commissioner, Inam abolition, and thereafter proceed to mutate the revenue entries accordingly. 4. Learned AGA submits that no information is placed before this Court as to what happened after such directions were issued by the Deputy Commissioner. Moreover, in this background it would be impermissible for - 4 - HC-KAR NC: 2025:KHC:35349 WP No. 27011 of 2025 the Tahsildar to mutate the revenue entries in the name of the petitioner. 5. There is substance in the submission of the learned AGA. Although the petitioner has not stated as to whether the Assistant Commissioner passed any orders in terms of the directions issued by the Deputy Commissioner, nevertheless, the petition stands disposed of, granting liberty to the petitioner to file an application before the Assistant Commissioner, bringing to his notice the orders passed by the Deputy Commissioner in R.P.No.413/2011-12. If such an application is filed by the petitioner, respondent No.3-Assistant Commissioner, Bengaluru South Sub-Division is directed to verify from the records as to whether such orders were passed by the Deputy Commissioner and if so, proceed to issue notice to all concerned and rehear the matter as directed by the Deputy Commissioner. Ordered accordingly. - 5 - HC-KAR NC: 2025:KHC:35349 WP No. 27011 of 2025 Learned AGA is permitted to file memo of appearance within a period four weeks from today. SD/- (R DEVDAS) JUDGE GJM List No.: 1 Sl No.: 16