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2025 DAILYLAW 68437 (KAR)

S MUNIRAJU v. THE STATE OF KARNATAKA

WP/23463/2025 · 2025-08-13

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:31428 WP No. 23463 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 23463 OF 2025 (LR) BETWEEN: S MUNIRAJU SINCE DECEASED BY HIS LRS 1. SMT. PARAVATHI SINCE DECEASED BY HIS LRS. AGED ABOUT 50 YEARS R/A NO.55/70, 15TH MAIN, 15TH CROSS, J.P.NAGAR 2ND STAGE, BENGALURU - 560 078. 2. SRI. KASTURIRANGA S/O. LATE MUNIRAJU AGED ABOUT 42 YEARS R/A NO.55/70, 15TH MAIN, 15TH CROSS, J.P.NAGAR 2ND STAGE, BENGALURU - 560 078. …PETITIONERS (BY SRI. V.B. SHIVAKUMAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA, DR. B.R.AMBEDKAR VEEDHI, BENGALURU - 560 001 REPRESENTED BY ITS SECRETARY. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:31428 WP No. 23463 of 2025 2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, ANEKAL TALUK - 562 106. 3. THE ASSISTANT COMMISSIONER BANGALORE URBAN DISTRICT, ANEKAL TALUK - 562 106. 4. THE TAHASILDHAR ANEKAL TALUK, ANEKAL - 562 106 M.KATAPPA S/O. LATE MADDURAPPA SINCE DECEASED BY HIS LRS. 5. SRI. K. MANJUNATH AGED ABOUT 56 YEARS S/O. LATE KATAPPA R/A NO.1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. 6. SRI. K. SRINIVAS AGED ABOUT 52 YEARS S/O.LATE KATAPPA R/A NO.1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. 7. SRI. K. NAGARAJ AGED ABOUT 50 YEARS S/O.LATE KATAPPA R/A NO.1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. - 3 - HC-KAR NC: 2025:KHC:31428 WP No. 23463 of 2025 8. SRI. K. SURESH AGED ABOUT 48 YEARS S/O.LATE KATAPPA R/A NO. 1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. 9. SRI. K. NARENDRA BABU AGED ABOUT 45 YEARS S/O. LATE KATAPPA R/A NO. 1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. 10. SMT. K. NALINASKHI AGED ABOUT 68 YEARS W/O. LATE KATAPPA R/A NO.1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. 11. SMT. K. RADHA AGED ABOUT 34 YEARS D/O. LATE KATAPPA RE R/A NO.1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. 12. SMT. LAKSHMI AGED ABOUT 30 YEARS D/O.LATE KATAPPA R/A NO.1554/2141, CHIKKANAHALLI ROAD, PARVATHINGAR, ATTIBELE, ANEKAL - 562 107. - 4 - HC-KAR NC: 2025:KHC:31428 WP No. 23463 of 2025 13. SRI. BHUDEN KHAN, S/O LATE MEHABBOB KHAN, ADIGARA KALLAHALLI VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU RURAL DISTRICT - 562 107. …RESPONDENTS (BY SRI. K.P. YOGANNA, AGA) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) FOR A WRIT IN THE NATURE OF CERTIORARI OR A DIRECTION QUASHING THE ORDER DATED 12.6.2025 IN NO.RRT/HA/CR.172/24-25 DATED 12.06.2025 IS AT ANNEXURE-B PURSUANT TO THE ORDER OF THE DEPUTY COMMISSIONER IN NO.L.R.R-7A, 12, 115/98-99 IS AT ANNEXURE-A AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned Additional Government Advocate takes notice for respondent Nos.1 to 4. Notice to private respondents is not necessary for the following reasons. 2. It is the contention of the petitioners that pursuant to the orders passed by the competent authority and the tribunal at Annexure-A in LRF-7A,12,115/98-99 dated - 5 - HC-KAR NC: 2025:KHC:31428 WP No. 23463 of 2025 26.10.2023, the application filed by Sri.M.Katappa and Others was rejected and therefore, the petitioners are entitled to have their names entered in the revenue records pursuant to the registered sale deed dated 20.04.1985. Accordingly, the petitioners approached the Tahsildar to continue their names in the land revenue records. However, the Tahsilar has issued the impugned endorsement at Annexure-B, declining to continue the names of the petitioners in the revenue records on the ground that the tribunal has directed the petitioners to approach the competent civil Court to get a declaration of title pursuant to a registered sale deed. 3. Having regard to the orders passed by the Tribunal and the fact that the petitioners have not challenged that portion of the order passed by the Tribunal where liberty is granted to the petitioners herein, who were respondents before the Tribunal, to approach a civil Court to get a declaration of title, this Court does not find any infirmity in the impugned endorsement issued by the Tahsildar. The writ petition is accordingly dismissed. - 6 - HC-KAR NC: 2025:KHC:31428 WP No. 23463 of 2025 4. Needless to observe that as per the observations of the Tribunal in the order at Annexure-A, the petitioners are at liberty to approach a competent civil Court and get a declaration of title. Ordered accordingly. Learned Additional Government Advocates is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv CT: BHK