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2025 DAILYLAW 83910 (KAR)

SMT SHANTAMMA v. STATE OF KARNATAKA

WP/16887/2025 · 2025-08-06

R Devdas

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:30490 WP No. 16887 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 16887 OF 2025 (KLR-RES) BETWEEN: SMT SHANTAMMA W/O LATE GANGAPPA AGED ABOUT 74 YEARS KODIHALLI VILLAGE, MADURE HOBLI, DODDABALAPURA TALUK, BENGALURU RURAL DISTRICT-561203 …PETITIONER (BY SRI. G.B. SHARATH GOWDA., ADVOCATE) AND: 1. STATE OF KARNATAKA BY KARNATAKA REVENUE DEPARTMENT 3RD GATE, 5TH FLOOR, MS BUILDING, DR. AMBEDKAR VEEDI, BENGALURU 560001 REPRESENTED BY ITS CHIEF SECRETARY 2. TAHASILDAR DODDABALLAPURA TALUK BENGALURU RURAL, BENGALURU DISTRICT-561203 3. ASSISTANT COMMISSIONER DODDABALLAPURA TALUK BENGALURU RURAL, BENGALURU DISTRICT-561203 …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA) Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:30490 WP No. 16887 of 2025 THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS. 2 AND 3 TO CONSIDER AND DISPOSE OF THE APPLICATION/APPEAL FILED BY THE PETITIONER, AS REFERRED TO IN ANNEXURE J DATED 24.07.2024, IN ACCORDANCE WITH LAW AND WITHIN A REASONABLE TIME. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The grievance of the petitioner is that despite the petitioner seeking transfer of katha in her name pursuant to the registered sale deed dated 20.01.2006 at Annexure- E, respondent No.2-Tahsildar has not acted upon the representations given by the petitioner. Learned counsel submits that the recent representation of the petitioner is at Annexure-J dated 24.07.2024 given to the Assistant Commissioner. 2. Learned Additional Government Advocate, however, points out to Annexure-J dated 24.07.2024 and submits that the petitioner is claiming to have filed an appeal before the Assistant Commissioner and therefore, - 3 - HC-KAR NC: 2025:KHC:30490 WP No. 16887 of 2025 the petitioner cannot contend or seek a direction at the hands of this Court to the Tahsildar to transfer the katha. 3. In the considered opinion of this Court, having regard to the express provisions contained in Sections 128 & 129 of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') since the petitioner has purchased the property from the previous kathedar, such an application filed by the petitioner was required to be considered by the Tahsildar within three months from the date of acquisition of the lands at the hands of the petitioner. 4. The Tahsildar cannot direct the petitioners to approach the Assistant Commissioner for transfer of katha. 5. In that view of the matter, the writ petition stands disposed of, with a specific direction to respondent No.2-Tahsildar, Doddaballapura Taluk, to proceed to consider the representation given by the petitioner and in view of the registered sale deed dated 20.01.2006, under which the petitioner has acquired title - 4 - HC-KAR NC: 2025:KHC:30490 WP No. 16887 of 2025 over the property in question from the previous Khathedar, Sri.Thontadarya, the Tahsildar shall transfer the katha in favour of the petitioner after issuing notice to the previous kathedar. 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. Ordered accordingly. Sd/- (R DEVDAS) JUDGE rv CT:PS