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2025 DAILYLAW 80135 (KAR)

SMT VINODA H S v. STATE OF KARNATAKA

WP/31046/2025 · 2025-11-05

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 31046 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 31165 OF 2025 (KLR-RR/SUR) WRIT PETITION NO. 31218 OF 2025 (KLR-RES) WRIT PETITION NO. 31229 OF 2025 (KLR-RR/SUR) WRIT PETITION NO. 31257 OF 2025 (KLR-RES) WRIT PETITION NO. 31280 OF 2025 (KLR-RR/SUR) IN WP No. 31046/2025 BETWEEN: SMT. VINODA H. S., W/O SURESH C. R., AGRICULTURIST, AGED ABOUT 54 YEARS, SHIVAPURA VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TALUK, CHIKMAGALURU DISTRICT- 577 228 …PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU-02. Digitally signed by VIJAYA P Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS 2. THE DEPUTY COMMISSIONER CHIKMAGALURU DISTRICT, CHIKMAGALURU-577101. 3. THE ASST. COMMISSIONER TARIKERE TALUK, CHIKMAGALURU DISTRICT-577228. 4. THE TAHASILDAR, TARIKERE TALUK, CHIKMAGALURU DISTRICT-577228 …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4, AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 23-08-2023, PRODUCED AS ANNEXURE-D AND ETC. IN WP NO. 31165/2025 BETWEEN: SRI. JOY A. M. S/O A.C. MATHAI, AGRICULTURIST, AGED ABOUT 54 YEARS SHIVAPURA VILLAGE AMRUTHAPURA HOBLI, TARIKERE TQ., CHIKMAGALURU DISTRICT. PIN: 577228. ...PETITIONER (BY SRI. MALATESH H., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU-02. 2. THE DEPUTY COMMISSIONER, CHIKMAGALURU DISTRICT, CHIKMAGALURU-577101. 3. THE ASST. COMMISSIONER, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN 577228. 4. THE TAHASILDAR, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN 577228. ...RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4, AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 19-08-2023, PRODUCED AS ANNEXURE-D AND ETC. IN WP NO. 31218/2025 BETWEEN: SMT. YALLAMMA W/O CHANDRAPPA, AGRICULTURIST, - 4 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS AGED ABOUT 58 YEARS, SHIVAPURA VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TQ., CHIKMAGALURU DISTRICT. PIN 577228. ...PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU-02. 2. THE DEPUTY COMMISSIONER, CHIKMAGALURU DISTRICT, CHIKMAGALURU-577101. 3. THE ASST. COMMISSIONER, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN 577228. 4. THE TAHASILDAR, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN 577228. ...RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4, AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 23-08-2023, PRODUCED AS ANNEXURE-D AND ETC. - 5 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS IN WP NO. 31229/2025 BETWEEN: 1. SMT. ROOPA M., W/O VENKATESH H.T., AGRICULTURIST, AGED ABOUT 55 YEARS, SHIVAPURA VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TQ., CHIKMAGALURU DISTRICT, PIN 577228. ...PETITIONER (BY SRI. MALATESH H., ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU-02. 2. THE DEPUTY COMMISSIONER, CHIKMAGALURU DISTRICT, CHIKMAGALURU-577101. 3. THE ASST. COMMISSIONER, TARIKERE TALUK , CHIKMAGALURU DISTRICT, PIN: 577228. 4. THE TAHASILDAR, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN: 577228. ...RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) - 6 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R4 AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 22/08/2023, PRODUCED AS ANNEXURE-D AND ETC. IN WP NO. 31257/2025 BETWEEN: SRI. T. H. VIJAYAKUMAR, AGED ABOUT 56 YEARS, S/O HANUMANTHARAYAPPA, AGRICULTURIST, SIDDHARAHALLI VILLAGE, KASABA HOBLI, TARIKERE TQ., CHIKMAGALURU DISTRICT, PIN-577228. ...PETITIONER (BY SRI. MALATESH H.,ADVOCATE) AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT BENGALURU-02. 2. DEPUTY COMMISSIONER, CHIKMAGALURU DISTRICT, CHIKMAGALURU-577101. 3. THE ASSISTANT COMMISSIONER, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN-577228. - 7 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS 4. THE TAHSILDAR, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN-577228. ...RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4, AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 19-08-2023, PRODUCED AS ANNEXURE-D AND ETC. IN WP NO. 31280/2025 BETWEEN: SMT. NEELAMMA W/O SOMASHEKARAPPA, AGRICULTURIST, AGED ABOUT 58 YEARS, SHIVAPURA VILLAGE, AMRUTHAPURA HOBLI, TARIKERE TQ, CHIKKAMAGALURU DISTIRCT, PIN 577228. ...PETITIONER (BY SRI. MALATESH H., ADVOCATE) - 8 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS AND: 1. STATE OF KARNATAKA, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, BENGALURU-02. 2. THE DEPUTY COMMISSIONER, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU-577 101. 3. THE ASST. COMMISSIONER, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN-577228. 4. THE TAHASILDAR, TARIKERE TALUK, CHIKMAGALURU DISTRICT, PIN:577228. ...RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.4, AND THE CONCERNED REVENUE AUTHORITY TO CONSIDER THE PETITIONER'S REPRESENTATION DATED 21-08-2023, PRODUCED AS ANNEXURE-D AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 9 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV COMMON ORDER The writ petitions No.31165/2025, 31218/2025, 31229/2025, 31257/2025, 31280/2025 to be listed along with W.P.No.31046/2025 taking note that identical endorsements are issued in all these matters. Accordingly, these matters are clubbed, called together and disposed of by this common order. 2. The petitioners have sought for a direction to the respondent-Tahsildar to consider the representations made. Copies of the representations are enclosed. In terms of the representations, the petitioners have stated that the names of their predecessors in title were found in the handwritten revenue records. But, when there was digitization, their names have been left out subsequent to 2002. It is further submitted that despite making representations for continuance of entries in their names, - 10 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS such requests have not been responded to by the respondent authorities. 3. Learned High Court Government Pleader after having taken notice has filed copies of endorsement dated 31.10.2025. The request of the petitioners for continuance of their names in the digitized revenue records has been rejected by way of an endorsement recording several grounds for making out the endorsement and rejecting the plea of the petitioners. 4. Learned counsel for the petitioners submits that they have a good case on merits and states that at this belated period of time when petitioners have acquired the property several decades ago, the authority ought not to have issued an endorsement. 5. Without entering into the merits of the matter, taking note that endorsement is issued, the petitioner is required to challenge the validity of the endorsement under Section 49 of the Karnataka Land Revenue Act - 11 - HC-KAR NC: 2025:KHC:44702 WP No. 31046 of 2025 C/W WP No. 31165 of 2025 WP No. 31218 of 2025 AND 3 OTHERS before the Assistant Commissioner by way of first appeal in terms of provisions of the Land Revenue Act. Accordingly, without entering into the merits of the contentions raised as regard to endorsement now produced, petitions are disposed of reserving liberty to the petitioners to challenge the endorsement before the appellate authority as is permissible in law. 6. Needless to state, in light of the contention that the petitioners are in possession, the petitioners' possession is to be protected for a period of four weeks from today. Meanwhile, the petitioners to approach the authority and seek for appropriate relief as is available in law. Accordingly, the petitions are disposed of. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR