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2026 DAILYLAW 11930 (KAR)

S RAMESH DEVADIGA v. THE STATE OF KARNATAKA

WP/6182/2026 · 2026-03-24

C M Poonacha

Transfer Petitionbody2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16456-DB WP No. 6182 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF MARCH, 2026 PRESENT THE HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE C.M. POONACHA WRIT PETITION NO. 6182 OF 2026 (GM-RES) BETWEEN: S RAMESH DEVADIGA S/O SURA DEVADIGA AGED ABOUT 48 YEARS, R/O NO.3-25, SRI BEDARA KOTTIGE, BOBARYA TEMPLE, ROAD, NEAR THENKAMUTT TEMPLE, KALUVINABAGILU, UPPINAKUDRU-POST UDUPI DISTRICT. ADHAR No. 8161 7772 3919 PAN No. CPTPD7531M PHONE No. AC No. SB Acc - 7552500101562201 IFSC - KARB0000755 BANK- KARNATAKA BANK …PETITIONER (BY SRI. MARUTHI S, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE, M.S. BUILDING, BENGALURU-560001 Digitally signed by NIRMALA DEVI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16456-DB WP No. 6182 of 2026 2. THE COMMISSIONER REVENUE, M.S. BUILDING, BENGALURU-560001 …RESPONDENTS (BY MS. NILOUFER AKBAR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ORDERS BEARING NO. 1). KAM E 95 MRR 2025 DATED 21.04.2025 AND 2).RC- BMC0ADMN(BUDG)/1/2025 E1719347 DATED 29.12.2025 SAME ARE PRODUCED AT ANNEXURE- D & E. CONSEQUENTLY, TO ISSUE DIRECTION, DIRECT THE RESPONDENT NO-1 AND 2 TO ISSUE MODIFIED GUIDELINES IN SO FOR AS PARA 4(Aa) OF THE CIRCULAR DATED 17.10.2020 SAME IS PRODUCED AT ANNEXURE-D & E SINCE, SAME ARE HIGHLY ILLEGAL AND CONTRARY TO THE CENTRAL ACT IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE and HON'BLE MR. JUSTICE C.M. POONACHA ORAL ORDER (PER: HON'BLE MR. VIBHU BAKHRU, CHIEF JUSTICE) 1. The petitioner has filed the present petition as a public interest litigation, inter alia, impugning a circular dated 21.04.2025 and communication dated 29.12.2025. - 3 - HC-KAR NC: 2026:KHC:16456-DB WP No. 6182 of 2026 2. The learned counsel for the petitioner submits that Clause Nos.3 and 4 set out in the Circular dated 17.10.2020 are arbitrary and not in public interest. The said conditions are set out below: "3. If the family tree is not available, the applicant can obtain the family tree by submitting the family information duly signed by a notary and filling a request at the Atal Nanasnehi Kendra. Thus, the village accountant will be allowed to record the details of the Pouthi/Inheritance based on the family tree registered at the Atal Janasnehi Kendra. (a) If the landowner has died more than one year ago but the death has not been registered, an order regarding the death should be obtained from the concerned J.M.F.C Court and the death certificate should be obtained from the Tahsildar's office. After that, an application can be filed for getting pouthi khata. Or (b) After verifying the Aadhar Card and ration card documents, the Village Accountant and Revenue Inspectors may conduct on-site investingation/visit and obtain an affidavit from the concerned heirs regarding the death of the deceased account holder and file an application for opening a savings account along with their ration card and Aadhar documents.” 3. The learned counsel submits that the facility of obtaining a family tree by simply submitting information would lead to multiplicity of litigations. He also submits that the provisions whereby an order regarding the death of a rights holder could be obtained from the Village Accountant and Revenue Inspectors, for - 4 - HC-KAR NC: 2026:KHC:16456-DB WP No. 6182 of 2026 opening of savings account, after conducting on-site investigations and visits are also arbitrary. 4. We find no merit in the said contention. At best, the same may be the opinion of the petitioner. 5. We are unable to accept that the prayers made in the present petition are in public interest. In any view, we find no ground to set aside the impugned circular. The petition is accordingly dismissed. 6. All pending applications are also disposed of. Sd/- (VIBHU BAKHRU) CHIEF JUSTICE Sd/- (C.M. POONACHA) JUDGE Vmb List No.: 2 Sl No.: 5