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2025 DAILYLAW 87010 (KAR)

SMT SAMAKKA v. STATE OF KARNATAKA

WP/29948/2024 · 2025-07-21

E S Indiresh

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:27340 WP No. 29948 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29948 OF 2024 (KLR-RES) BETWEEN: 1. SMT. SAMAKKA W/O LATE HANUMANTHAPPA AGED ABOUT 74 YEARS RESIDING AT SRIRAMANAGAR, RAMASANDRA ROAD, MULBAGAL TOWN, MULBAGAL TALUK KOLAR DISTRICT-563131. 2. SRI. H. SUBRAMANI S/O LATE HANUMANTHAPPA AGED ABOUT 52 YEARS RESIDING AT SRIRAMANAGAR, RAMASANDRA ROAD, MULBAGAL TOWN, MULBAGAL TALUK, KOLAR DISTRICT-563131. …PETITIONERS (BY SRI. RAMESH N., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF LAND REVENUE M.S. BUILDING, BENGALURU-560 001 REP BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER OFFICE OF THE DEPUTY COMMISSIONER Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:27340 WP No. 29948 of 2024 KOLAR DISTRICT KOLAR-56310I. 3. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER KOLAR DISTRICT KOLAR-563101. 4. THE TAHSILDAR MULBAGAL TALUK MULBAGAL-563131. 5. THE REVENUE SECRETARY/ VILLAGE ACCOUNTANT KASABA HOBLI, MULBAGAL TALUK MULBAGAL-563131. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA ) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT BY GRANTING WRIT OF MANDAMUS AGAINST THE RESPONDENTS TO EFFECT THE RTC AND MUTATION BY CONFIRMING THE ORIGINAL GRANT IN PROCEEDINGS IN LND.SR/99/1972-73 AS PER THE GRANT CERTIFICATE IN ANNEXURE-C AND KIMMATH AS ANNEXURE -D COUPLED WITH THE RECORDS OF RIGHTS, AND ALSO AS PER THE JUDGMENT AND DECREE AND EXECUTION CASE NO.8/2024 PASSED BY THE HON'BLE CIVIL COURT IN O.S.NO.36/2017. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:27340 WP No. 29948 of 2024 CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Smt. Navya Shekar, learned Additional Government Advocate accepts notice for respondents. 2. Heard the learned counsel appearing for the parties. 3. In this writ petition, the petitioners are seeking writ of mandamus against respondents to effect RTC extract and mutation and other consequential releifs. 4. The grievance of the petitioners is that, the land in question is granted in favour of the vendor of the petitioners and saguvali chit also issued and that apart grant is made in favour of vendor of the petitioners. The petitioners herein have purchased said land from the vendors of the petitioners, however, land in question is reflected as Karab land in the RTC extracts and - 4 - HC-KAR NC: 2025:KHC:27340 WP No. 29948 of 2024 petitioners have made representation to the respondent- authorities for rectification of the same. 5. In that view of the matter, without expressing any opinion on the merits of the case, the respondent Nos.2 to 4 are directed to consider the representation dated 28.03.2024 (Annexure-P) in accordance with law after verifying the records and take decision in the matter, within an outer limit of three months from the date of receipt of certified copy of this order. Accordingly, the writ petition is disposed of. 6. Till the consideration of the representation dated 28.03.2024 (Annexure-P), no perceptive action be taken against the petitioners herein. SD/- (E.S.INDIRESH) JUDGE SB List No.: 1 Sl No.: 27