SRI.MUNIRAJA NAYKA ALIAS MUNIRAJU N v. STATE OF KARNATAKA
WP/28320/2025 · 2025-09-18
R Devdas
body2025
DailyLaw.ai
[ 2025 DAILYLAW 77873 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 77873 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:37434 WP No. 28320 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 28320 OF 2025 (KLR-RES) BETWEEN:
1.
SRI.MUNIRAJA NAYKA ALIAS MUNIRAJU N AGED ABOUT 36 YEARS, SON OF LAKSHMIBAI, RESIDING AT GOVINDANAYAKANA DODDI VILLAGE, KALLUBALU DAKHALE, JIGANI HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT-562 106 …PETITIONER (BY SRI. CHETAN DESAI.,ADVOCATE) AND:
1.
STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY VIDHANA SOUDHA AMBEDKAR VEEDHI, BANGALORE-560 001
2.
THE DEPUTY COMMISSIONER BANGALORE URBAN DIST, KANDAYA BHAVANA K. G ROAD, BANGALORE -560 009
3.
THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB- DIVISION KANDAYA BHAVANA, K.G ROAD BANGALORE 560 009
4.
THE TAHASILDAR, ANEKAL TALUK, ANEKAL TOWN BANGALORE DISTRICT - 562106 …RESPONDENTS (BY SRI. V SESHU, HCGP) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:37434 WP No. 28320 of 2025 THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TOA. ISSUE OF WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR DIRECTION, WHEREBY DIRECTING THE RESPONDENTS TO RESTORE AND CONTINUE THE REVENUE RECORDS OF THE LAND BEARING OLD SURVEY NO.18/P6, PRESENTLY BEARING SURVEY NO.18 MEASURING 4 ACRES, SITUATED AT GIDDENAHALLI VILLAGE, JIGANI HOBLI, ANEKAL TALUK, BANGALORE DISTRICT BY CONSIDERING THE REPRESENTATION OF THE PETITIONER VIDE ANNEXURE-A DATED 19-12-2024 IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR FINAL 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. This is another case where the high handedness of the revenue authorities are clearly visible. The petitioner purchased the land from the previous owner and kathedar Smt. Yellamma under the registered sale deed dated 04.08.2006. Mutation entries were made in terms of M.R. No.25/2006-07, entering the name of the petitioner in the revenue records. The petitioner has availed loan by mortgaging the property to the
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HC-KAR NC: 2025:KHC:37434 WP No. 28320 of 2025 Bukkasagara Primary Agricultural Cooperative Bank Ltd., Kallabalu, which is also entered in the RTC.
3. However, one fine day, the name of the petitioner is removed on the basis of an order said to have been passed by the Assistant Commissioner in M.R. H.No.4/2014-15. The petitioner having come to know that his name has been removed from the RTC, preferred a revision petition before the Deputy Commissioner in RP No.163/2022. The Deputy Commissioner sought records from the office of the Assistant commissioner to verify as to when and how the orders were passed by the Assistant Commissioner on 15.09.2014 in proceedings bearing No. LND (A) CR: 27/2014-15 and orders issued by the Assistant Commissioner in M.R.H.No.4/2014-15. Information was given by the office of the Assistant Commissioner that there were no such orders passed by the Assistant Commissioner. Accordingly, directions were issued by the Deputy Commissioner, having noticed that there was no such order passed by the Assistant
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HC-KAR NC: 2025:KHC:37434 WP No. 28320 of 2025 Commissioner. However, the matters were remanded back to the Assistant Commissioner directing issuance of notice to all concerned and thereafter to pass necessary orders to re-enter the name of the petitioner in the revenue records. The Assistant Commissioner passed an
order on 11.07.2024 again remanding the matter back to the Tahsildar to verify the availability of grant order and the genuineness of the grant said to have been made in favour of Sri. Hosurappa S/o Chinnaiah and to verify the phodi orders and mutation orders.
4. Having regard to the facts narrated herein above, it is clear that the revenue authorities are abusing their powers. When it is clear that the name of the petitioner was entered in the revenue records pursuant to a registered instrument, and that there was no such order passed by the Assistant Commissioner, there was no need for the Deputy Commissioner to have remanded the matter back to the Assistant Commissioner. Similarly, the Assistant Commissioner also should not have remanded
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HC-KAR NC: 2025:KHC:37434 WP No. 28320 of 2025 the matter back to the Tahsildar to verify regarding the grant said to have been made to the original grantee.
5. This court has noticed that similar actions are taken by the revenue authorities abusing their powers and causing grave difficulties to the citizens of this State. These aspects of the matter should be taken note of by the Government. If such illegal and abusive action are taken by the revenue authorities, appropriate action should be taken against them to ensure that they do not indulge in this kind of exercises in future.
6. Accordingly, the writ petition stands disposed of with a direction to the 4th respondent - Tahsildar, Anekal Taluk, to enter the name of the petitioner in the revenue records on the strength of the registered sale deed dated 04.08.2006 and in terms of MR No.25/2006-
07. The entry shall be made as expeditiously as possible and at any rate, within a period of four weeks from the date of receipt of copy of this order.
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HC-KAR NC: 2025:KHC:37434 WP No. 28320 of 2025
7. A copy of this order shall also be forwarded to the Principal Secretary, Revenue Department to take note of the observations made by this court and to initiate action against such authorities who are indulging in such abusive exercise of power. 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 BSV List No.: 1 Sl No.: 13