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High Court of Karnataka · body

2025 DAILYLAW 69536 (KAR)

SRI M CHOWDA REDDY v. THE STATE OF KARNATAKA

WP/25749/2025 · 2025-09-17

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:37138 WP No. 25749 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.25749 OF 2025 (KLR-RES) BETWEEN: SRI M. CHOWDA REDDY S/O. MUNIVEERAPPA AGED ABOUT 65 YEARS R/AT PATHAPALLI VILLAGE KASABA HOBLI, SRINIVASPUR TALUK KOLAR DISTRICT – 563 135. …PETITIONER (BY SRI L. VENKATARAMA REDDY, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY 2. THE STATE OF KARNATAKA FOREST DEPARTMENT VIDHANA SOUDHA, BENGALURU-560001 REP. BY ITS PRINCIPAL SECRETARY 3. DEPUTY CONSERVATOR OF FORESTS KOLAR, KOLAR DISTRICT–563101 4. THE RANGE FOREST OFFICER SRINIVASPUR TALUK KOLAR DISTRICT–563101. 5. THE DEPUTY COMMISSIONER KOLAR, KOLAR DISTRICT-563101 Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37138 WP No. 25749 of 2025 6. THE TAHSILDAR SRINIVASPUR, SRINIVASPUR TALUK KOLAR, KOLAR DISTRICT–563101 …RESPONDENTS (BY SMT. B. P. RADHA, A.G.A.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASHING ANNEXURE F DATED 29-06-2024 VIDE M.R. NO. T6 PASSED BY RESPONDENT NO. 6, AND ANNEXURE H DATED 31- 07-2025 PASSED BY RESPONDENT NO. 5 MADE IN NO. RK/CR/64/25-26. THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioner is aggrieved of the mutation entries made at Annexure-F in MR No.T6 dated 29.06.2024, whereby the entire extent of 13 acres in Survey No.17 of Alambagiri Village, Kasba Hobli, Srinivasapura Taluk, Kolar District are shown as ‘Hullu Banni kharab’. It is contended that the respondents cannot deny the fact that out of 13 acres of land in Sy. No.17, 6 acres 8 guntas were granted to the predecessors-in-title of the petitioner's father and the said original grantee sold 6 acres and 8 guntas in favour of the Nareppa on 20.10.1964. Sri Nareppa sold - 3 - HC-KAR NC: 2025:KHC:37138 WP No. 25749 of 2025 the property in favour of the petitioner’s father under registered sale deed dated 26.12.1966. It is submitted that the revenue entries also reflect the names of the petitioner along with his brothers in new Sy.No 128, to an extent of 6 acres 8 guntas. However, it is also the contention of the petitioner that there were 13 acres of land in Survey No.17 and after 6 acres and 8 guntas were granted, what remains in Sy.No.17 is 5 acres 32 guntas. However, by virtue of the impugned mutation order bearing No.MR T6/2024-25, the entire extent of 13 acres is shown as ‘Hullu Banni kharab’. 2. It is the apprehension of the petitioner that by virtue of the impugned mutation order and entry, the respondent authorities will disturb the possession and revenue entries made in favour of the petitioner and his brothers. In that regard, the petitioner sought for a certified copy of the order of the Deputy Commissioner bearing ‘No.LND PR 105/1990-91 dated 16.10.1993 – Forest’, which is reflected in the RTC pertaining to Survey - 4 - HC-KAR NC: 2025:KHC:37138 WP No. 25749 of 2025 No.17. However, an endorsement is issued to the petitioner that no such order is available with the Deputy Commissioner. This Court therefore directed the Learned Additional Government Advocate to secure instructions from the Deputy Commissioner as to why such an endorsement has been issued while in the mutation entries it is shown that it is by virtue of the said order passed by the Deputy Commissioner, the entries have been made. 3. Today, learned Additional Government Advocate has furnished copy of the RTC bearing Sy.No.128, where the names of the petitioner along with his brothers are reflected to an extent of 6 acres 8 guntas. Learned Additional Government Advocate submits on instructions from The Tahasildar, Srinivaspura Taluk that by virtue of the impugned mutation orders bearing No.MR T6/2024-25 pertaining to Survey No.17, no part of the lands belonging to the petitioner in Sy.No.128 will be affected in any manner. The learned Additional Government Advocate also submitted on instructions that the total extent of land - 5 - HC-KAR NC: 2025:KHC:37138 WP No. 25749 of 2025 in Sy.No.17 was 19 acres 8 guntas and therefore after 6 acres 8 guntas were granted, what remains in Sy.No.17 is 13 acres. 4. In that view of the matter, the writ petition stands disposed of, recording the submissions made by the learned Additional Government Advocate, in the presence of the Tahasildar, Srinivaspura Taluk, that no part of the property belonging to the petitioner and his brothers in Sy. No.128 of Alambagiri Village, Kasaba Hobli, Srinivaspura Taluk, Kolar District, will be affected by virtue of the impugned mutation order bearing No. No.MR T6/2024-25, dated 29.06.2024. 5. Needless to observe that the possession of the petitioner and his brothers in accordance with the revenue entries found in Survey No.128 shall also not be disturbed by the revenue authorities or the forest officials. Sd/- (R DEVDAS) JUDGE KLY/-