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2025 DAILYLAW 71560 (KAR)

SMT PUTTAMMA v. THE STATE OF KARNATAKA

WP/12226/2025 · 2025-08-28

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33785 WP No. 12226 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 12226 OF 2025 (KLR-RR/SUR) BETWEEN: 1. SMT. PUTTAMMA W/O LATE T.S. SRINIVASAMURTHY @ T.S. SRINIVASA, AGED ABOUT 76 YEARS, R/AT NO.3RD CROSS, VIDYANAGARA, DODDABALLAPURA, BANGALORE RURAL DISTRICT - 561 203. 2. SMT. T.S. MAMATHA, D/O LATE T.S. SRINIVASAMURTHY @ T.S. SRINIVASA, W/O S.P. SATHYANARAYANA, AGED ABOUT 56 YEARS, R/AT NO.1070, 1ST CROSS, VIDYANAGARA, DODDABALLAPURA, BANGALORE RURAL DISTRICT - 561 203. 3. SMT. T.S. TRIVENI, D/O LATE. T.S. SRINIVASAMURTHY @ T.S.SRINIVASA, W/O.GOPINATH K.V. AGED ABOUT 52 YEARS, NEAR ARAVINDA SCHOOL, VIDYANAGARA, DODDABALLAPURA, BANGALORE RURAL DISTRICT - 561 203. 4. SMT. T.S. VIJAYA, D/O LATE T.S. SRINIVASAMURTHY, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33785 WP No. 12226 of 2025 @ T.S. SRINIVASA, W/O.GOPINATH L.N. AGED ABOUT 49 YEARS, R/AT KARENAHALLI, NEAR MANGALA VIDYAMANDHIRA, DODDABALLAPURA, BANGALORE RURAL DISTRICT - 561 203. 5. SRI. T.S. NAGENDRA, S/O. LATE T.S. SRINIVASAMURTHY, @ T.S.SRINIVASA, AGED ABOUT 47 YEARS, R/AT NO. 3RD CROSS, VIDYANAGARA, DODDABALLAPURA, BANGALORE RURAL DISTRICT - 561 203. …PETITIONERS (BY SRI. MURTHY K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE - 560 001, REPRESENTED BY ITS SECRETARY. 2. THE TAHASILDAR, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT - 572 101. 3. SRI. T.C. CHANDRASHEKAR, S/O. LATE T.S. CHOWDAPPA, AGED ABOUT 47 YEARS, RESIDING AT NO.98/A, THERINA BEEDI, DODDABALLAPURA, BANGALORE RURAL DISTRICT - 561 203. - 3 - HC-KAR NC: 2025:KHC:33785 WP No. 12226 of 2025 4. THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE - 572 101. 5. THE ASSISTANT COMMISSIONER DODDABALLAPURA, BANGALORE RURAL DISTRICT, BANGALORE - 572 101. …RESPONDENTS (BY SRI. V. SESHU, HCGP FOR R1, R2, R4 AND R5) THIS W.P. IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2/TAHASILDHAR DODDABALAPURA TO ENTER/NOTIFY THE INTERIM ORDER DATED 29-6-2016 ANNEXURE-C3 IN RSA NO.900/2016 PASSED BY THIS HONBLE HIGH COURT IN RESPECT OF LAND BEARING SY.NO.39 MEASURING 4 CARES 2 GUNTAS (FOUR ACRE TWO GUNTAS) IN EXTENT SITUATED AT GANGADHARAPURA KASABA HOBLI, DODDABALLAPURA TALUK, BANGALORE RURAL DISTRICT IN THE RTC EXTRACT, BY CONSIDERING THE REPRESENTATIONS OF THE PETITIONERS AT ANNEXURE-E1 TO E4 RESPECTIVELY DATED 2-5-2024, 15-4-2025, DATED 27-5-2024 AND 4-4- 2025, IN THE INTEREST OF JUSTICE AND EQUITY 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 respondent Nos.1, 2, 4 and 5. Notice to respondent No.3 is not necessary for the following reasons. - 4 - HC-KAR NC: 2025:KHC:33785 WP No. 12226 of 2025 2. The petitioners are aggrieved of an order passed at Annexure-D3, which is a mutation order passed by the Tahsildar, Doddaballapura Taluk, on 24.02.2025. Earlier, the katha was standing in the name of Sri.Chowdappa S/o late Sri.Subbanna. However, after his death, the impugned order has been passed in M.R.No.H11/24-25 transferring the katha in the name of Sri.Chandrashekar T.C S/o Chowdappa. 3. Learned High Court Government Pleader submits that an order passed by the Tahsildar under Chapter 11 of the Karnataka Land Revenue Act, 1964, pertaining to the record of rights can be questioned in an appeal under Section 136(2) of the Act. Such direction to set aside the mutation entry cannot be sought before this Court under a writ jurisdiction when an alternative efficacious remedy is available for the petitioners. 4. Learned counsel for the petitioners, however, points out from the RTCs that earlier in Column No.11(1) there was a note put up saying "Court Stay" as per order No.RSA.No.900/2016 dated 29.06.2016, in terms of the orders passed by this Court in the said RSA. However, without reasons, the same have been removed. - 5 - HC-KAR NC: 2025:KHC:33785 WP No. 12226 of 2025 5. The writ petition is disposed of with a direction to the Tahsildar, Doddaballapur Taluk, to re-enter the note put up in Column 11(1) forthwith, while also granting liberty to the petitioners to question the mutation order passed by the Tahsildar in accordance with law. Ordered accordingly. Learned High Court Government Pleader is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE rv List No.: 1 Sl No.: 12 CT: BHK