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2025 DAILYLAW 74208 (KAR)

SRI RAMADAS v. THE STATE OF KARNATAKA

WP/2835/2017 · 2025-11-05

Rajesh Rai K

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44675 WP No. 2835 of 2017 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 2835 OF 2017 (KLR-RES) BETWEEN: 1. SRI RAMADAS S/O LATE VENKATAPPA AGED ABOUT 86 YEARS, R/A #23 VOLAGERANAHALLI VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK KOLAR DISTRICT-563 126 (a) RAJASHEKAR, S/O LATE KRISHNAPPA AGED ABOUT 38 YEARS R/A NO.243, SHREE SOMESHWAR SWAMY TEMPLE STREET, KORAMANGALA (V) & POST BANGALORE EAST TALUK. (AMENDED VIDE ORDER DATED 10.10.2025) …PETITIONER (BY SMT. SHARVANI P.T, ADVOCATE FOR SRI. RAHUL S REDDY, ADVOCATE FOR LR'S OF DECEASED) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BENGALURU-560 001 Digitally signed by PANKAJA S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44675 WP No. 2835 of 2017 2. THE ASSISTANT COMMISSIONER KOLAR SUB DIVISION, KOLAR DISTRICT-563 125 3. THE THASILDAR SRINIVASAPURA TALUK SRINIVASAPURA KOLAR DISTRICT-563 126 …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP FOR R1-R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER SUITABLE WRIT OR ORDER OR DIRECTION COMMANDING THE R-3 TO CONSIDER THE REPRESENTATION DTD.16.3.2013 VIDE ANNEX-E AND ISSUE COMPUTERISED PHANI TO THE PETITIONER IN RESPECT OF LAND BEARING SY.NO.84 MEASURING 1 ACRE 20 GUNTAS SITUATED AT VOLAGERANAHALLI VILLAGE, KASABA HOBLI, SRINIVASAPURA TALUK, KOLAR DISTRICT. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44675 WP No. 2835 of 2017 CORAM: HON'BLE MR. JUSTICE RAJESH RAI K ORAL ORDER This Writ Petition has been filed by the original petitioner - Ramadas to issue a writ of mandamus to respondent No.3 to consider the representation dated 16.03.2013 at Annexure-'E' and to issue computerized RTC in the name of the petitioner in respect of land bearing Sy.No.84 measuring 1 acre 20 guntas situated at Volageranahalli village, Kasaba Hobli, Srinivasapura Taluk, Kolar District. 2. The grievance of the petitioner is that the original petitioner - deceased Ramadas was granted land measuring 1 acre 20 guntas in Sy.No.84 situated at Volageranahalli village, Kasaba Hobli, Srinivasapura Taluk, Kolar District vide grant certificate dated 21.03.1983 and the petitioner was put in possession of the said land. Ever since, the petitioner was cultivating the said land. In view of the grant, the petitioner's name came to be mutated in all the revenue entries vide MR.60-5/1984-85 so also in the RTC for the period 1990-91 to 2001-02. Subsequently on 16.03.2013, the petitioner made a representation before respondent No.3 - Tahsildar to issue - 4 - HC-KAR NC: 2025:KHC:44675 WP No. 2835 of 2017 computerized RTC in his name in respect of the subject land based on MR.60-5/1984-85. The said representation of the petitioner has not been considered by the Tahsildar. 3. Learned Additional Government Advocate by securing the records pertaining to the subject land contended that, based on the report of the Tahsildar, the Assistant Commissioner of Kolar Sub-Division has issued an endorsement dated 14.01.2016 to the Tahsildar of Srinivasapura Taluk stating that the land granted in favour of the petitioner in Sy.No.84 measuring 1 acre 20 guntas vide LNR.RUO(K)150/80- 81 is not forthcoming in the grant register in the year 1980-81 and as such, there is a doubt in respect of original grant made in favour of the petitioner. As such, the request of the petitioner to enter his name in the computerized RTC cannot be acceded. Accordingly, he prays to dismiss the Writ Petition. 4. On careful perusal of the documents placed before this Court by the learned counsel for the petitioner so also the learned Additional Government Advocate, it could be gathered that the original grant is made in favour of the petitioner in the year 1980-1981 and the grant certificate was also issued on - 5 - HC-KAR NC: 2025:KHC:44675 WP No. 2835 of 2017 21.03.1983. Ever since, the petitioner and his family members were in cultivation of the subject land and the subsequent revenue entries pertaining to the subject land also reflects the name of the petitioner till the year 2002. However, after petitioner filing the application to issue the computerized RTC in his name in respect of the subject land based on MR.60- 5/1984-85, the Tahsildar made a reference to the Assistant Commissioner, who issued an endorsement stating that there is no mention of the original grant in favour of petitioner's grandfather in grant register. Admittedly, the said endorsement was passed after nearly three and half decades that too without issuing any notice to the petitioner and without verifying the documents of the petitioner pertaining to the subject land. 5. In such circumstances, in my considered view, the prayer of the petitioner has to be allowed and accordingly, the mandamus issued. The Tahsildar and the Assistant Commissioner i.e., respondent Nos.2 and 3 are directed to consider the representation of the petitioner at Annexure-'E' as per law by extending an opportunity to the petitioner and by considering the relevant documents pertaining to the subject - 6 - HC-KAR NC: 2025:KHC:44675 WP No. 2835 of 2017 land within an outer limit of four months from the date of receipt of certified copy of this order. 6. Accordingly, the writ petition is allowed. SD/- (RAJESH RAI K) JUDGE HKV List No.: 1 Sl No.: 35