Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 82571 (KAR)

SRI M K KRISHNAPPA v. THE CHIEF SECRETARY

WP/27029/2025 · 2025-09-10

R Devdas

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35827 WP No. 27029 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 27029 OF 2025 (KLR-RES) BETWEEN: SRI. M.K. KRISHNAPPA S/O KAPPAIAH AGED ABOUT 73 YEARS R/AT GOWRIBIDANUR ROAD, NEAR T.V.V.COLLEGE VISWESWARA BADAVANE, MADHUGIRI TOWN, TUMAKURU - 572 101. …PETITIONER (BY SRI. BALAGANGADHARA G.S, ADVOCATE) AND: 1. THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA BANGALORE - 560 002. 2. THE DEPUTYCOMMISSIONER TUMUKURU DISTRICT TUMKUR - 572 101. 3. THE ASSISTANT COMMISSIONER MADHUGIRI SUB DIVISION MADHUGIRI - 572 101 4. THE THASILDAR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:35827 WP No. 27029 of 2025 MADHUGIRI SUB DIVISION MADHUGIRI - 572 101. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) TO GRANT WRIT OF MANDAMUS OR ANY OTHER SUITABLE WRIT OR ORDERS DIRECTING THE RESPONDENTS TO CONSIDER PETITIONERS REPRESENTATIONS DATED 28.07.2025 TO THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA, VIDHANA SOUDHA BANGALORE I.E 1ST RESPONDENT PRODUCED AT ANNEXURE- G, THE REPRESENTATION DATED 28.07.2025 TO THE DEPUTY COMMISSIONER, TUMKUR DISTRICT, TUMKUR I.E 2ND RESPONDENT PRODUCED AT ANNEXURE -G1, THE REPRESENTATION DATED 28.07.2025 TO THE ASSISTANT COMMISSIONER, MADHUGIRI SUB DIVISION, MADHUGIRI, I.E. 3RD RESPONDENT PRODUCED AT ANNEXURE -G2, THE REPRESENTATION DATED 28.07.2025 TO THE THASILDAR, TUMKUR DISTRICT MADHUGIRI SUB DIVISION, MADHUGIRI, I.E. 4TH RESPONDENT PRODUCED AT ANNEXURE -G3 RESPECTIVELY AND ETC., 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 prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider the - 3 - HC-KAR NC: 2025:KHC:35827 WP No. 27029 of 2025 petitioner's representations at Annexures-G, G1, G2 and G3. 3. Learned counsel for the petitioner submits that the Competent Civil Court in O.S.No.192/1992 decreed the suit filed by the petitioner, granting permanent injunction in favour of the petitioner/plaintiff restraining the owner of the property from interfering with the suit schedule property. A suit filed by Smt. Lakshmidevamma wife of Shivanandaiah, seeking partition and separate possession in respect of the suit schedule property in O.S.No.377/2013 was dismissed by the Civil Court. The petitioner is therefore seeking entry of his name in the RTC in column No.12, showing that the petitioner is in possession of the property in question. 4. Learned AGA raised an objection that when admittedly the petitioner is not the owner of the property in question, his name cannot be entered in the RTC. - 4 - HC-KAR NC: 2025:KHC:35827 WP No. 27029 of 2025 5. This Court is of the considered opinion that it is for the Tahsildar to consider the representations given by the petitioner and pass necessary orders. In that view of the matter, the writ petition stands disposed of, directing the Tahsildar, Madhugiri Sub-division, Madhugiri Taluk, to consider the representations given by the petitioner while also treating this writ petition as another representation given by the petitioner seeking entry of his name in column No.12. Notice shall be issued to the Kathedar before considering the representation given by the petitioner. Opportunity of hearing shall be given to both the parties and thereafter a decision can be taken by the Tahsildar in accordance with law. 6. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. - 5 - HC-KAR NC: 2025:KHC:35827 WP No. 27029 of 2025 7. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks. Sd/- (R DEVDAS) JUDGE GJM List No.: 1 Sl No.: 10