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2026 DAILYLAW 11711 (KAR)

SRI. NAGARAJA GUPTA. S. S. v. THE STATE OF KARNATAKA

WP/6445/2026 · 2026-03-13

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:15139 WP No. 6445 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 6445 OF 2026 (KLR-RR/SUR) BETWEEN: SRI. NAGARAJA GUPTA S.S., SON OF LATE K.S.SUBBARAYA SHETTI, AGED ABOUT 64 YEARS, RESIDING AT DOOR NO.502, NEAR HMS SCHOOL, TUDA LAYOUT, SIRA GATE, TUMAKURU-572 106. …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-560 001. 2. THE DEPUTY COMMISSIONER, TUMAKURU DISTRICT, TUMAKURU-572 101. 3. THE ASSISTANT COMMISSIONER, TUMAKURU SUB-DIVISION, TUMAKURU DISTRICT TUMAKURU-572 101. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:15139 WP No. 6445 of 2026 4. THE TAHASILDAR, TUMAKURU TALUK, TUMAKURU-572 101. …RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND GRANT THE FOLLOWING RELIEF(S) 1.TO, ISSUE A WRIT OF MANDAMUS, IN THE NATURE OF DIRECTION, OR ORDER, DIRECTING THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 17.12.2025 SUBMITTED FOR CHANGE/EFFECT THE REVENUE RECORDS SUCH AS RTC AND MUTATION REGISTER BY REVEALING THE NAME OF THE PETITIONER AND OTHER LEGAL HEIRS OF LATE KRISHNASWAMY SHETTY IN COLUMN NO.9 AND 12 OF COMPUTERIZED RTC AND MUTATION REGISTER IN RESPECT OF IMMOVABLE PROPERTY BEARING SY.NO.54, TOTAL MEASURING 4 ACRES AND 18 GUNTAS, INCLUDING 04 GUNTAS AND SUBSEQUENTLY THE SAID SURVEY NUMBER WAS PHODID AND THE DEPARTMENT OF REVENUE ASSIGNED NEW SY.NO.54/1, MEASURING 2 ACRE AND 02 GUNTAS EXCLUDING 03 GUNTAS KHARAB AND SY.NO.54/2, MEASURING 2 ACRES AND 11 GUNTAS, EXCLUDING 02 GUNTAS KHARAB, SITUATED AT TUMAKURU AMANIKERE, KASABA NORTH TALUK, TUMAKURU TALUK, TUMAKURU DISTRICT, WHICH IS PRODUCED AND MARKED AS ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY AND ETC. - 3 - HC-KAR NC: 2026:KHC:15139 WP No. 6445 of 2026 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. Learned counsel for the petitioner that submits that the lands in question are ancestral properties of the petitioner. Old Sy.No.54 measuring 4 acres 18 guntas situated at Tumakur Amanikere, Kasaba Hobli, Tumakuru Taluk and District belonged to Sri.Krishnaswamy Shetty, who died on 26.09.1968. It is submitted that the property in question has been divided into two while new survey numbers are assigned as Sy.No.54/1 measuring 2 acres and 2 guntas and Sy.No.54/2 measuring 2 acres and 11 guntas. It is submitted that the revenue records were standing in the name of Sri.Krishnaswamy Shetty till he was alive. However the name of the owner has not been continued in the computerized RTC. Therefore, the prayer - 4 - HC-KAR NC: 2026:KHC:15139 WP No. 6445 of 2026 in the writ petition is to issue a writ of mandamus directing the respondent-Tahsildar, Tumakuru Taluk to consider the representation dated 17.12.2025 given by the petitioner to enter the name of the petitioner as the legal representatives and the petitioner having succeeded to the estate of late Sri.Krishnaswamy Shetty. 3. After hearing the learned counsel for the petitioner, the learned Additional Government Advocate and on perusing the petition papers, this Court finds from the material on record that the name of the petitioner's grandfather was earlier entered in the land revenue records. However, if the Tahsildar is of the opinion that Sri.Krishnaswamy Shetty has not been granted lands, nevertheless, it is the duty of the Tahsildar to secure the original grant records, Saguvali Chit issue register and other contemporaneous records to satisfy himself regarding the grant made. Moreover, there is no reason why the name of the petitioner's grandfather which was earlier entered in the land revenue records should not be - 5 - HC-KAR NC: 2026:KHC:15139 WP No. 6445 of 2026 continued after computerization, the Tahsildar is duty bound to look into all these aspects and pass necessary orders. 4. Consequently, this writ petition stands disposed of with a specific direction to respondent No.4 - Tahsildar, Tumakuru Taluk to consider the representation given by the petitioner and in the light of the observations made hereinabove, verify the original records in the presence of the petitioner and pass necessary orders to enter the name of late Sri.Krishnaswamy Shetty in the computerized RTC and land revenue records as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order. Thereafter, the Tahsildar shall verify if the petitioner is the legal heir of late Sri.Krishnaswamy Shetty, issue notice, hear all concerned parties. Thereafter, if it is found out that the petitioner is the legal heir of late Sri.Krishnaswamy Shetty, the Tahsildar shall proceed to - 6 - HC-KAR NC: 2026:KHC:15139 WP No. 6445 of 2026 enter the name of the petitioner with all other legal heirs as the case may be in accordance with law. Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- (R DEVDAS) JUDGE GPG List No.: 1 Sl No.: 4