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2025 DAILYLAW 69067 (KAR)

SMT M JAYALAKSHMAMMA v. THE STATE OF KARNATAKA

WP/21166/2025 · 2025-07-21

E S Indiresh

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27417 WP No. 21166 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 21166 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT M JAYALAKSHMAMMA W/O. B. SRINIVASAMURTHY, AGED ABOUT 73 YEARS, R/AT. NO.1/A, 1ST CROSS ROAD, ASHRAMA ROAD, KANAKAPURA MAIN ROAD, YELACHENAHALLI, BENGALURU SOUTH J.P NAGAR, BENGALURU - 560 078. 2. SMT. RATHNAMMA, W/O. CHANDRASHEKAR, AGED ABOUT 65 YEARS, R/AT. NO.101, KANAKAPURA MAIN ROAD, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062. 3. SMT. M. SHARADAMMA W/O NARASIMHAMURTHY, AGED ABOUT 69 YEARS, R/AT, NO. 125/2, AMC MAIN ROAD, KAVALBYRASANDRA, NEAR GOVERNMENT SCHOOL, R.T NAGAR, BENGALURU - 560 032. 4. SMT. RAJAMMA M., W/O. M. BYRANNA, AGED ABOUT 62 YEARS, Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27417 WP No. 21166 of 2025 R/AT. NO.249, KANAKAPURA MAIN ROAD, NEAR GOVERNMENT SCHOOL, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062. 5. SMT. BHAGYAMMA, W/O GOPAL GOWDA, AGED ABOUT 53 YEARS, R/AT, NO.134, KANAKAPURA ROAD, OPP NANDINI BOOTH, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062 6. SRI MANJUNATH M., S/O. MUNIRAMASWAMAPPA, AGED ABOUT 60 YEARS, R/AT. NO.345, KANAKAPURA MAIN ROAD, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062. 7. SRI. M. NAGESH, S/O MUNIRAMASWAMAPPA, AGED ABOUT 63 YEARS, R/AT. NO.278, 8TH CROSS, BALAJI LAYOUT, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062. 8. SMT. GIRIJAMMA W/O. B. ASHWATHAPPA, AGED ABOUT 62 YEARS, R/AT, NO.40, KUNDANA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT - 562 110. 9. SMT. BHAGYAMMA D/O. MUNIRAMASWAMAPPA, AGED ABOUT 59 YEARS, - 3 - HC-KAR NC: 2025:KHC:27417 WP No. 21166 of 2025 R/AT VISHWANATHAPURA, DEVANAHALLI TALUK, BENGALURU RURAL DISTRICT. 10. SRI. M. VENUGOPAL, S/O. MUNIRAMASWAMAPPA, AGED ABOUT 56 YEARS, R/AT, NO.205, KANAKAPURA MAIN ROAD, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062. 11. SMT. PUSHPA, W/O B.A.P REDDY, AGED ABOUT 54 YEARS, R/AT, NO.10/1, 6TH MAIN ROAD, NEAR R.T NAGAR POST OFFICE, GANGANAGARA H.K.S BLOCK, R.T.NAGAR, BENGALURU - 560 032. 12. SMT. JANAKI M., D/O. MUNIRAMASWAMAPPA, W/O. NAGARAJA, AGED ABOUT 51 YEARS, R/AT. NO.108, DODDAGATTIGANABBE, HOSAKOTE TALUK, BENGALURU RURAL DISTRICT. 13. SMT. ASHA PRAKASH, W/O. LATE PRAKASH M., AGED ABOUT 40 YEARS, R/AT. NO.44, KANAKAPURA MAIN ROAD, NEAR GOVERNMENT SCHOOL, VAJARAHALLI, THALAGATTAPURA, BENGALURU - 560 062. …PETITIONERS (BY SRI. SIDDHARTH B. MUCHANDI, ADVOCATE) - 4 - HC-KAR NC: 2025:KHC:27417 WP No. 21166 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001. 2. THE TAHSILDHAR, KANDHAYA BHAVAN, BANGALORE SOUTH TALUK, K.G. ROAD, BANGALORE - 560 001. …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA) ------ THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NO.2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS DATED 18/12/2024 AND 19/06/2025 AND TRANSFER THE KHATA OF THE PETITION SCHEDULE PROPERTY IN THE NAME OF THE PETITIONERS VIDE., ANNEXURES A AND B. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH - 5 - HC-KAR NC: 2025:KHC:27417 WP No. 21166 of 2025 ORAL ORDER Learned AGA accepts notice for the respondents. 2. The grievance of the petitioners is that, the petitioners have approached respondent no.2, based on the judgment and decree in O.S.No.1015/1995 and registered partition deed dated 30.12.2015 and accordingly, sought for change of katha in respect of the subject land, vide representations dated 18.12.2024 and 19.06.2025 (Annexures - A and B), which have not yet been considered. 3. Learned counsel for the petitioners submitted that, respondent no.2 may be directed to consider the representations at Annexures A and B respectively. 4. Per contra, learned AGA submitted that the land in question is a Gundu Thopu and at no stretch of imagination, the land in question has been granted in favour of the petitioners herein or their ancestors. 5. In that view of the matter, without expressing any opinion on the merits of the case, respondent no.2 is directed to consider the representations at Annexures A and B and take - 6 - HC-KAR NC: 2025:KHC:27417 WP No. 21166 of 2025 decision in the matter after verifying the records available in the office, within an outer limit of three months from the date of receipt of a copy of this order. With the aforesaid observations, writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE rs List No.: 1 Sl No.: 35 CT: BHK