Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:33329 WP No. 23854 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO.23854 OF 2025 (KLR-CON)
BETWEEN:
1.
SMT. RANGAMMA C/O LATE KAMBANNA AGED ABOUT 62 YEARS, RESIDENT OF RANGANATHANAGARA SIRA TOWN, SIRA TUMKUR DISTRICT – 572 137.
2.
SRI. SHAKUNAPPA S/O SANNARANGAIAH AGED ABOUT 65 YEARS, RESIDENT OF RANGANATHANAGARA SIRA TOWN, SIRA TUMKUR DISTRICT – 572 137.
…PETITIONERS (BY SRI. RAVISHANKAR, ADVOCATE)
AND:
1.
GOVERNMENT OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPT. M.S. BUILDING, AMBEDKAR VEEDI BENGALURU – 560 001
2.
THE DEPUTY COMMISSIONER, TUMKUR DISTRICT TUMKUR – 572 101.
Digitally signed by MADHUSHREE H Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:33329 WP No. 23854 of 2025
3.
ADDL. DEPUTY COMMISSIONER, TUMKUR DISTRICT TUMKUR - 572 101.
4.
ASSISSTANT COMMISSIONER MADHUGIRI SUB-DIVISION, TUMAKURU – 572 132.
5.
THE TAHSILDAR, SIRA TALUK, SIRA.
TUMAKURU DISTRICT – 572 137
…RESPONDENTS (BY SRI. SESHU V, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO a) ALLOW THIS WRIT PETITION AND ISSUE A WRIT OF MANDAMUS, OR ANY OTHER NATURE OF WRIT, ORDER OR DIRECTION QUASHING OR SETTING ASIDE THE IMPUGNED ENDORSEMENTS/ORDERS DATED NIL, ISSUED BY THE RESPONDENT NO.2 HEREIN THE DEPUTY COMMISSIONER, TUMKUR DISTRICT TUMKUR, AT ANNEXURE-A; b) ISSUE A WRIT OF MANDAMUS OR ANY OTHER NATURE OF WRIT, ORDER OR DIRECTION TO CONSIDER THE PROCEEDINGS OF ON-LINE APPLICATIONS (AFFIDAVIT DEEMED) NOS.943181, 943187, 943194 AND 943200 IN LAND CONVERSION IDS 734492, 734493, 734494 AND 734496 ON THE FILE OF THE RESPONDENT NO.2, HEREIN THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR AT ANNEXURE- H; c) DIRECT THE RESPONDENT NO.2 TO CONSIDER THE REPRESENTATION DATED 05.06.2025, SUBMITTED BY THE PETITIONER AT ANNEXURE-K; d) AWARD COSTS OF THIS WRIT PETITION, ETC
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:33329 WP No. 23854 of 2025
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
Learned HCGP takes notice for all the respondents.
The grievance of the petitioners is that the respondent No.2 - Deputy Commissioner, Tumkur District has issued impugned endorsements at Annexure - A dated 17.12.2024 rejecting the application filed by the petitioners, who had sought for conversion of the lands in Sy.No.208/1, 208/2, 206/1, 206/2 situated at Mudigere Kaval village, Kasaba Hobli, Sira Taluk.
2. Learned counsel for the petitioners submits that the reason furnished in the impugned endorsements for rejection of the application is that the report secured at the hands of the Tahsildar and the Assistant Commissioner show that there are no documents to prove the darakhast/grant made in favour of the petitioners. Learned counsel however draws the attention of this Court to Annexures - L and M which are the index of lands/Khetuvauru and mutation register showing the first mutation entry in terms of M.R.No.3/1951-52 clearly stating
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HC-KAR NC: 2025:KHC:33329 WP No. 23854 of 2025
that the lands in question were granted to Sannarangaiah S/o Shakunappa by way of auction. Learned counsel draws the attention of this Court to the latest RTC at Annexure - B of the year 2024-2025 reflecting the name of the petitioner No.1, who is the daughter-in-law of Sri.Sannarangaiah. That being the position, it was impermissible for the Deputy Commissioner to have rejected the application on such grounds.
3. There is substance in the submission made by the
learned counsel for the petitioners. The duty of the Deputy Commissioner having regard to Section 95 of the Karnataka Land Revenue Act, 1964 is to ascertain whether the petitioners/applicants are the Khatedars of the land in question. The Deputy Commissioner could not have gone into question as to whether the original grant was indeed made in favour of Sri.Sannarangaiah.
4. In that view of the matter, the writ petition is allowed. The impugned endorsements issued by the Deputy Commissioner at Annexure - A series are hereby quashed and set aside. The matter stands remanded back to the Deputy
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HC-KAR NC: 2025:KHC:33329 WP No. 23854 of 2025
Commissioner to reconsider the applications filed by the petitioners and pass necessary orders as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of copy of this order.
Sd/- (R DEVDAS) JUDGE
MH/- List No.: 1 Sl No.: 45