Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:31922 WP No. 33729 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 33729 OF 2024 (KLR-RES)
BETWEEN:
SMT. SIDDAMMA W/O LATE CHANNABASAPPA, AGED ABOUT 76 YEARS, 1ST STREET, BYAGADAHALLI, CHIKKAMANGALURU, C/O SRI H S SIDDEGOWDA, HEREGOWDA VILLAGE, LAKYA HOBLI 577131 CHIKKAMAGALURU DISTRICT …PETITIONER (BY SRI. FAYAZ SAB B G., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M S BUILDING, BENGALURU 560001.
2.
THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU 577130.
3.
THE ASSISTANT COMMISSIONER CHIKKAMAGALURU SUB DIVISION, CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU 577130.
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:31922 WP No. 33729 of 2024
4.
THE TAHASILDAR KADUR TALUK, KADUR 577131 CHIKKAMAGALURU DISTRICT.
5.
THE TAHASILDAR AND SECRETARY COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED CULTIVATION OF LANDS, KADUR TALUK, KADUR 577131 CHIKKAMAGALURU DISTRICT. …RESPONDENTS (BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEFS. 1. DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 11.01.2023 SUBMITTED BY THE PETITIONER TO DELETE THE ENTRY MENTIONED AS SARKARI BEELU IN COLUMN NO.9 OF THE RTC AND FURTHER REQUESTED THE RESPONDENTS TO CHANGE/REFLECT HER NAME IN COLUMN NO.9 AND 12 OF THE RTC OF THE SCHEDULE PROPERTY AS OWNER AND FORM NO.57 SUBMITTED BY THE PETITIONER FOR GRANT/REGULARIZATION OF UNAUTHORIZED OCCUPATION, WHICH ARE PRODUCED AND MARKED AS ANNEXURES-F AND G AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:31922 WP No. 33729 of 2024
CORAM: HON'BLE MR. JUSTICE R DEVDAS
ORAL ORDER
The prayer in the writ petition is to issue a writ of mandamus directing the respondents to consider the representation dated 11.01.2023 given by the petitioner at Annexures ‘F’ and ‘G’. In the representations, the petitioner is contending that 3 acres 13 guntas in Sy.No.2 of Jodi Thimmapura Village, Beerur Hobli, Kadur Taluk, Chikkamagaluru District, was granted to the petitioner’s father-in-law late Sri Poojari Basappa, and his name was entered in the RTC. It is contended that after the death of Sri Poojari Basappa, the property devolved on the petitioner, who is the daughter-in-law. Therefore, a direction is sought to the Tahsildar to enter the name of the petitioner in the revenue records.
2. Learned Counsel would also point out to Annexure ‘C’ judgment and decree passed in O.S.No.228/1985.
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HC-KAR NC: 2025:KHC:31922 WP No. 33729 of 2024
3. However, learned AGA points out to Annexure ‘G’ and submits that if such is the contention of the petitioner that she is the legitimate owner of the property, then it is difficult to understand why the petitioner has to file an application in Form No.57 seeking regularization of unauthorized occupation of the same lands.
4. Having regard to the submissions made by the
learned Counsel for the petitioner and the learned AGA, this Court is of the considered opinion that the fourth respondent-Tahsildar, Kadur Taluk, is duty bound to consider the representation given by the petitioner seeking mutation entry of her name in the revenue records.
5. The writ petition is accordingly disposed of, while directing the respondent-Tahsildar to verify from the records as to whether late Sri Poojari Basappa was granted the lands in question and whether his name was entered in the revenue records. If the said facts are borne out of the records, then the Tahsildar shall issue notice to
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HC-KAR NC: 2025:KHC:31922 WP No. 33729 of 2024
all concerned and thereafter pass necessary orders 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.
Ordered accordingly.
Sd/- (R DEVDAS) JUDGE
JT/- CT: JL