- 1 - HC-KAR NC: 2025:KHC:49509 WP No. 30457 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 30457 OF 2025 (KLR-RES) BETWEEN: SMT K N PRABHAVATHY D/O KUPPAM NARAYANASWAMI, AGED ABOUT 77 YEARS, R/AT CHIKKABALLAPURA DISTRICT, KARNATAKA-562 101. …PETITIONER (BY SRI. AKASH V T., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT BENGALURU- 560 009. 2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA- 562 101. 3. THE TAHSILDAR CHIKKABALLAPURA TALUK, CHIKKABALLAPURA- 562101 …RESPONDENTS (BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR DIRECTION OR ANY SUCH WRIT OR ORDER BY QUASHING THE ENDORSEMENT DATED 21/4/2025, BEARING NO. RUOSR/CR/E-NO.683089/24-25 ISSUED BY RESPONDENT NO.3 VIDE ANNEXURE A, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. Digitally signed by SUMA B N Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:49509 WP No. 30457 of 2025 THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The petitioner has sought for issuance of writ of certiorari to set aside the endorsement at Annexure-A dated 21.04.2025. In terms of the endorsement at Annexure-A, the Tahsildar has recorded a finding that on the basis of the report of the Revenue Inspector, as it is found that the petitioner is neither in possession nor cultivating, the request for amending the entry in the pahani cannot be considered. 2. It is the case of the petitioner that the petitioner had sought for regularization of unauthorised cultivation which was accepted and subsequently saguvali chit was also issued and mutation in M.R.No.5/1991-92 was effected and he was in possession since then. 3. It is submitted that revenue entries were in the petitioner's name for the period of 1993-94 to 2002-03. It is further submitted that subsequently at the stage of digitization, the entries in the petitioner's name was left out. Having - 3 - HC-KAR NC: 2025:KHC:49509 WP No. 30457 of 2025 approached the Assistant Commissioner, the Assistant Commissioner had passed an order, in terms of which the Tahsildar was to restore entries in the name of the petitioner. 4. Perused the order of the Assistant Commissioner at Annexure-F. The operative portion of the said order reads as follows: ::::::::DzÉñÀ:: "ಪಾವ ೆಯ ವರುವ ಅಂಶಗಳ ೆೆಯ , ಕಬ ಾ!ಪ"ರ #ಾಲೂಕು, ನಂ' (ೋ§½ ಕುಡುವ+ ,ಾಮದ ಸ.ನಂ.168 ರ 127-07 ಎ/ಗುಂ 1ೈ3 2-30 ಎ/ಗುಂ ಜ5ೕ6,ೆ ಸಂಬಂ7ದಂ#ೆ 6ಯ8ಾನುಾರ ಮೂಲಮಂಜೂ9ಾ+ ಕಡತವನು ಪ;ೕ . ಮಂಜೂ9ಾ+ ೈಜ#ೆಯನು ಖತಪ=>ೊಂಡು ಎಂD?ನಂ.5/1991-92 ರಂ#ೆ ಕಂ@ಾಯ @ಾಖೆಗಳನು ಇಂ=ೕಕಸಲು ತಹ;ೕಾC?. ಕಬ ಾ!ಪ"ರ #ಾಲೂಕು gÀವ,ೆ 6@ೇD; ಆ@ೇ;@ೆ. ಈ ಆ@ೇಶವನು Gಾ', ಪ+Gಾ'ಗಳH ಸ ರುವ (ಾಗೂ ಕಡತದ ಲಭJರುವ @ಾಖೆಗಳ ಆKಾರದ Lೕೆ (ೊರ=ಸಾMದುC, N ಾJOಾಲಯ ಅಥGಾ Oಾವ"@ೇ ಇತ9ೆ ಾJOಾಲಯಗಳ ಅಂ+ಮ ಆ@ೇಶ>ೊಳಪQRರುತ@ೆ". ಸದ ಆ@ೇಶವನು ಗಣ3ೕಕೃತ@ಾರ,ೆ ಉಕೇಖನ 6ೕ= ಗಣ3ೕಕ, ¥Àæw £À¤ßAzÀ ಪಷಸಲWಟುR ನಂತರ #ೆ9ೆದ ಾJOಾಲಯದ ' ಾಂಕ: 16/01/2025 ರಂದು YೂೕZಸಾ[ತು 5. It is the direction of the Assistant Commissioner that as regards an extent of 2 acres 30 guntas in Sy.No.168, the - 4 - HC-KAR NC: 2025:KHC:49509 WP No. 30457 of 2025 Tahsildar may examine the original grant records and after confirming the same, necessary steps are to be taken for effecting mutation in M.R.No.5/1991-92 in the revenue records. 6. It that were to be the order of the Assistant Commissioner, the Tahsildar in his endorsement has taken irrelevant aspects into consideration and issued the endorsement. 7. Endorsement is to the effect that the petitioner is not in possession of the lands in question and there has been encroachment. However, the Tahsildar is to act in terms of the directions of the Assistant Commissioner as extracted hereinabove. 8. In terms of the order of the Assistant Commissioner, the Tahsildar is required only to verify the genuineness of the grant and if it is found in the affirmative, is to proceed to reflect M.R.No.5/1991-92 in the revenue records and make other consequential entries. Accordingly, the endorsement dated 21.04.2025 at Annexure-A is set aside. - 5 - HC-KAR NC: 2025:KHC:49509 WP No. 30457 of 2025 9. The respondent-Tahsildar is directed to take appropriate steps in terms of the order of Assistant Commissioner within a period of three months. 10. Needless to state, if the petitioner is called upon to issue any clarification or furnish any documents to facilitate such process. Petitioner to co-operate. It is made clear that the Tahsildar cannot re-open any fresh ground and must strictly adhere to the direction of the Assistant Commissioner. With the above observation, petition is disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE RL List No.: 1 Sl No.: 49