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2025 DAILYLAW 83367 (KAR)

SMT KAMAKSHAMMA v. THE ASSISTANT COMMISSIONER

WP/27586/2025 · 2025-10-09

S Sunil Dutt Yadav

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:39845 WP No. 27586 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV WRIT PETITION NO. 27586 OF 2025 (KLR-RES) BETWEEN: 1. SMT. KAMAKSHAMMA W/O LATE BHASKARACHAR, AGED ABOUT 83 YEARS, 2. MR. KUMARA @ SHIVAKUMAR B. S/O LATE BHASKARACHAR, AGED ABOUT 45 YEARS, 3. SMT. MANJULA V. W/O MR. KUMARA @ SHIVAKUMAR B., AGED ABOUT 43 YEARS, 4. MR. MANJUNATHA B. S/O LATE BHASKARACHAR, AGED ABOUT 45 YEARS, 5. SMT. SUJATHA K. D/O MR. KUMARA @ SHIVAKUMARA B., AGED ABOUT 24 YEARS, RESIDING AT NO.3, RAGHAVENDRA EXTENSION, RAMOHALLI, VTC, BANGALORE SOUTH, BANGALORE-560074. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:39845 WP No. 27586 of 2025 6. SRI BASAVACHAR J. S. S/O LATE SHANKARACHAR, AGED ABOUT 33 YEARS, 7. SMT. SHASHIKALA W/O BASAVACHAR J. S., AGED ABOUT 30 YEARS, 8. SRI GANESHA J. S. @ GANESHA CHARI S/O LATE SHANKARACHAR, AGED ABOUT 30 YEARS, 6 TO 8 ARE RESIDING AT: JALADHIGERE VILLAGE YADIYURU HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. 9. SMT. LAKSHMI @ LAKSHMAMMA W/O LATE PUTTASWAMACHAR. AGED ABOUT 46 YEARS, 10. SMT. DIVYA D/O LATE PUTTASWAMACHAR, AGED ABOUT 22 YEARS, 11. MISS RANJITHA D/O LATE PUTTASWAMACHAR, AGED ABOUT 20 YEARS, 9 TO 11 ARE RESIDING AT: NO.303, 11TH CROSS, H KODIHALLI VILLAGE, KASABA HOBLI, H MALLIGERE POST, MANDYA TALUK, MANDYA-571401. - 3 - HC-KAR NC: 2025:KHC:39845 WP No. 27586 of 2025 ALL ARE REPRESENTED BY THEIR GPA HOLDER SRI. DEVARAJ J.B. S/O BYATAPPA, AGED ABOUT 45 YEARS, RESIDING AT 165, 2ND CROSS, KASHINAGAR LAYOUT, YELACHENAHALLI, KANAKAPURA MAIN ROAD, BANGALORE-78. …PETITIONERS (BY SRI. BALARAJ M. V., ADVOCATE) AND: 1. THE ASSISTANT COMMISSIONER, TUMUKUR SUB-DIVISION, TUMUKUR DISTRICT-572130. 2. THE THASILDAR, KUNIGAL TALUK, KUNIGAL-572130. 3. SRI. VENKATEGOWDA S/O LATE PATEL BYATEGOWDA, AGED ABOUT 62 YEARS, JALADHIGERE VILLAGE, YADIYUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT-572130. …RESPONDENTS (BY SRI.SHAMANTH NAIK, HCGP FOR R1 AND R2; VIDE ORDER DATED 12.09.2025, SERVICE OF NOTICE TO R3 IS NOT NECESSARY AT THIS STAGE;) - 4 - HC-KAR NC: 2025:KHC:39845 WP No. 27586 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TAHSILDAR, KUNIGAL TALUK TO EFFECT THE KATHA IN FAVOUR OF PETITIONERS THROUGH INHERITANCE BASED ON THE REGISTERED SALE DEED DATED 23.02.1967 AS PER ANNEXURE-A AND ALSO SET-ASIDE THE NOTICE ISSUED IN RRT(DIS)CR.NO.94/2024-25 AS PER ANNEXURE-K. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV ORAL ORDER The present petition has been filed seeking for issuance of writ of mandamus directing the 2nd respondent - Tahsildar to effect the katha in favour of the petitioners by way of inheritance as regards rights that have flowed through registered sale deed dated 23.02.1967. 2. Learned Additional Government Advocate files a memo and has enclosed the copy of the order of the Tahsildar and submits that pursuant to the order of the Tahsildar, necessary steps would be taken to effect - 5 - HC-KAR NC: 2025:KHC:39845 WP No. 27586 of 2025 changes in the RTC within a period of one week from the date of receipt of certified copy of this order. 3. Taking note of the order of the Tahsildar enclosed along with the memo and the submission made, the petition is disposed of as not calling for any further adjudication. Sd/- (S SUNIL DUTT YADAV) JUDGE MCR