- 1 - HC-KAR NC: 2025:KHC:37233 WP No. 25178 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. 25178 OF 2025 (KLR-RES) BETWEEN: SRI.N.NARAYANASWAMY S/O LATE NAREPPA, AGED ABOUT 59 YEARS R/AT OPP TO GOV'T JUNIOR BOYS COLLEGE, MG ROAD, SRINIVASAPURA TOWN, KOLAR DISTRICT- 563 135 …PETITIONER (BY SRI. R SRINIVASA GOWDA.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING, BANGALORE- 560 001 REP BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR- 563 101. 3. THE ASSISTANT COMMISSIONER, KOLAR SUB-DIVISION KOLAR- 563 101. 4. THE TAHSILDAR, SRINIVASAPUR TALUKA, KOLAR DISTRICT-563 135. …RESPONDENTS Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:37233 WP No. 25178 of 2025 (BY SRI. V.SESHU, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT IN THE NATURE OF CERTIORARI OR ANY OTHER APPROPRIATE TO SET ASIDE/QUASH THE ORDER DTD 04/07/2025 PASSED BY THE RESPONDENT NO.3 IN RA NO.882/2024 (ANNEXURE-P)., AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER Learned High Court Government Pleader takes notice for all the respondents. 2. Learned High Court Government Pleader raises a preliminary objection that the petitioner is questioning an order passed by the Assistant Commissioner under Section 136(2) of the Karnataka Land Revenue Act and an alternative efficacious remedy is available for the petitioner under Section 136(3) to go before the Deputy Commissioner. - 3 - HC-KAR NC: 2025:KHC:37233 WP No. 25178 of 2025 3. However learned counsel for the petitioner submits that the petitioner had approached the Tahsildar seeking correction in the RTC in respect of the extent of land. It is pointed out from Annexure- F; a computerized RTC of the year 2015-16 that in column No. 3 the total extent of land in Survey No. 53/P30 of Hebbata Village, Kasaba Hobli, Srinivasapura Taluk, is shown as 2 acres, however, in column No. 9(2) the extent is shown as 2 guntas. 4. In this regard, the petitioner had earlier filed W P No.32031 of 2024 and this Court by order dated 20.12.2024 directed the Assistant Commissioner, Kolar Sub Division, to consider the recommendation made by the Tahsildar and pass necessary orders within a period of 3 months. When no orders were passed, the petitioner filed contempt petition in CCC No.694/25. During the course of the contempt proceedings, the impugned order came to be passed by the Assistant Commissioner in violation of the directions issued by this Court. Suo motu proceedings are initiated at the instance of the Tahsildar - 4 - HC-KAR NC: 2025:KHC:37233 WP No. 25178 of 2025 and the impugned orders are passed on the ground that there are no records available to show grant made in favour of Sri. Venkatappa alias Potteppa S/o. Narayanappa, who is the present khathedar. 5. Learned counsel submits that this Court has time and again held that such action cannot be taken by the revenue authorities misusing suo motu powers to set at naught revenue entries, which are standing for decades together. 6. There is substance in the submission made by learned counsel for petitioner. 7. When the petitioner is seeking correction in the entry made in the RTC, such orders could not have been passed by the Assistant Commissioner to remove the name of the khatedar from the RTC, which are standing admittedly from the year 1981-82. - 5 - HC-KAR NC: 2025:KHC:37233 WP No. 25178 of 2025 8. Accordingly, the writ petition is allowed while setting aside the impugned order at Annexure P passed by the Assistant Commissioner, Kolar Sub Division. The respondent No. 4, Tasildar, Srinivaspura Taluk, is hereby directed to verify from the records as to whether the extent of land shown in favour of the khatedar was 2 acres at any point of time. If it is found that 2 acres of land was shown in the RTC in favour of the khathedar, then necessary orders shall be passed rectifying the mistake in the revenue entries, more particularly, at column No. 9(2) while showing the correct extent as 2 acres. If orders are required at the hands of respondent No. 3 Assistant Commissioner, then appropriate orders shall be passed by the Assistant Commissioner enabling correction in the RTC. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. - 6 - HC-KAR NC: 2025:KHC:37233 WP No. 25178 of 2025 9. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE NG List No.: 1 Sl No.: 31 CT-PS