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2025 DAILYLAW 75035 (KAR)

SRI. B E SHREEDHARA v. THE GOVERNMENT OF KARNATAKA

WP/4963/2025 · 2025-08-29

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33562 WP No. 4963 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 4963 OF 2025 (KLR-RES) BETWEEN: SRI. B. E. SHREEDHARA, S/O. LATE. SRI. ESHWARAIAH, AGED ABOUT 41 YEARS, R/AT NO. 72, 3RD MAIN ROAD, 4TH STAGE, 4TH BLOCK, OPP. TO NANDANAVANA PARK, BASAVESHWARANAGARA, BENGALURU – 560 079 …PETITIONER (BY SRI. DHANARAJ R., ADVOCATE) AND: 1. THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU – 560 001. REP. BY IT'S PRINCIPAL SECRETARY, 2. THE DEPUTY COMMISSIONER, BENGALURU DISTRICT, KANDAYA BHAVAN, K.G. ROAD, BENGALURU – 560 009. 3. THE ASST. COMMISSIONER, BANGALORE SOUTH SUB-DIVISION, KANDAYA BHAVAN, K.G. ROAD, BENGALURU – 560 009. Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:33562 WP No. 4963 of 2025 4. THE TAHASILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVAN, K.G. ROAD, BENGALURU – 560 009. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS NO.2 TO 4 TO CONSIDER THE REPRESENTATION DATED 23.10.2024 VIDE ANNEXURES-F TO H RESPECTIVELY, AND FURTHER DIRECT THE RESPONDENT NO.4 TO TRANSFER THE MUTATION ENTRY LIKE RTC., KATHA AND M.R. IN FAVOUR OF THE PETITIONER IN RESPECT OF OLD SURVEY NO.123/P2, NEW SY.NO.123, MEASURING 0-22 (TWENTY TWO) GUNTAS OF LAND, SITUATED AT NETTIGERE VILLAGE, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK. 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 Additional Government Advocate takes notice for all the respondents. 2. The grievance of the petitioner is that the 4th respondent-Tahsildar, Bengaluru South Taluk, has not considered the application filed by the petitioner dated 23.10.2024 at Annexure-H, seeking mutation entry of the name of the petitioner in the revenue records pursuant to - 3 - HC-KAR NC: 2025:KHC:33562 WP No. 4963 of 2025 a registered sale deed executed by Sri S.Chinnaswami, the present Kathedar on 18.06.2024 in favour of the petitioner. 3. Learned Counsel for the petitioner has pointed out to the RTCs produced at the Annexure-D series, which disclose the name of Sri.C.Chinnaswami S/o late K.C.Seenappa, as the owner and khathedar in respect of 22 Guntas of land in Sy.No.123 of Nettigere Village, Utharahalli-3 Hobli, Bangalore South Taluk. 4. Having regard to the prayer made in the writ petition and submissions of the learned Counsel for the petitioner, this Court is of the considered opinion that the Tahsildar is duty bound to enter the name of the petitioner on the strength of a registered instrument having regard to the provisions contained in Chapter XI of the Karnataka Land Revenue Act, 1964 and more particularly, Sections 127 to 129 of the Act. - 4 - HC-KAR NC: 2025:KHC:33562 WP No. 4963 of 2025 5. Accordingly, the writ petition stands disposed of with a specific direction to the 4th respondent-Tahsildar, Bengaluru South Taluk, to consider the application filed by the petitioner seeking mutation entry of the name of the petitioner in the revenue records pursuant to registered sale deed dated 18.06.2024 executed by Sri.S.Chinnaswami, the present Kathedar, in favour of the petitioner. 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. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE DL List No.: 1 Sl No.: 19