- 1 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 16774 OF 2026 (KLR-RES) BETWEEN: SRI GAFFAR BAIG S/O LATE ABDULLA BAIG, AGED ABOUT 55 YEARS, R/AT NO.344, GBS HOUSE, 6TH CROSS, WHITE FIELD, BENGALURU-560066. …PETITIONER (BY SRI. K. VIJAYA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560001. 2. THE TAHSILDAR, HOSKOTE TALUK, BENGALURU RURAL DISTRICT-562114. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER OR DIRECTION, QUASHING AND SETTING ASIDE THE IMPUGNED ENDORSEMENT DATED 02.03.2026 ISSUED BY Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 RESPONDENT NO.2, PRODUCED AS ANNEXURE-A BEARING NO.THHSK-LNDOLNDK/6/2026 AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri K.Vijaya Kumar, learned counsel appearing for the petitioner and Sri. Spoorthy Hegde.N, learned High Court Government Pleader appearing for the respondents - State. 2. In this writ petition, the petitioner is assailing the endorsement dated 02.03.2026 (Annexure-A) passed by the respondent No.2 - Tahsildar. 3. The relevant facts for adjudication of this petition are that, the petitioner has made an application seeking transfer of khata in respect of old Survey No.83/5 (new Survey No.488/1) of Amanidoddakere Village, Kasaba Hobli, Hoskote Taluk. In this regard, the petitioner has produced the registered sale deed, dated 15.10.2018 - 3 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 (Annexure-B). However the said document was released by the Registering Authority and duly registered on 12.11.2025. It is taken into consideration that in the interregnum period, the phodi has been conducted in respect of the land, which is the subject matter in the registered sale deed. In that view of the matter, the co- ordinate bench of this Court in an identical matter in W.P.No.2720/2026, disposed of on 10.02.2026 (Annexure-F) at paragraph Nos.3 to 16 held as follows: "3. It is pertinent to note that the State Legislature thought it fit to enact a law known as the Karnataka Sakaala Services Act, 2011 (hereinafter referred to as the 'Act, 2011'), to provide for guarantee of services to citizens in the State of Karnataka within the stipulated time limit and for matters connected therewith and incidental thereto. The stated objective of the said enactment is to provide for guarantee of services to citizens in the State that the services that they seek from any of the Offices/Officers of the Government shall be serviced within the time stipulated in the said enactment. - 4 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 4. Section 3 of the Act, 2011, provides that every citizen shall have right to obtain citizen related services in the State in accordance with the provisions of the Act within the stipulated time specified in the schedule. Commensurate to the said right vested with the citizens, every designated officer and his subordinate public servant of the public authority is saddled with a duty to provide such citizen related services within the time stipulated in the schedule and also display the same on the notice board of their offices. 5. Section 5 of the Act provides that the stipulated time would start from the date when required application for scheduled service is submitted to the designated officer or to a person subordinate to him authorised to receive the application in such manner as may be prescribed. It stipulates that such application shall be duly acknowledged. 6. Sub-section (2) of Section 5 provides that the designated Officer on receipt of an application under sub-section (1) shall within the stipulated time either directly provide the service or through - 5 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 an Officer duly authorised by him or reject the application and in case of rejection of application, shall record the reasons in writing and intimate the applicant, the information about the period of making appeal against the decision and all the details of the competent Officer to whom the first appeal lies. 7. 7. Section 6 of the Act, 2011, provides that the concerned public authority, or local authority as the case may be, is required to maintain and monitor the status of the applications and when information is sought by the applicants, the status of the application shall be informed to the applicant. 8. Section 8 of the Act, 2011 provides that in case of delay or default in the delivery of such services beyond the stipulated time, the applicant is entitled to seek compensatory costs in accordance with the provisions of the Act and the Rules made therein. 9. Section 9 of the Act, 2011 provides that such of the officers who fail to provide the services within the stipulated time shall be liable - 6 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 to pay costs not exceeding Rs.500/- and shall bear costs of Rs.20/- for every day's delay. 10. Section 14 of the Act, 2011 provides that defaults on the part of the designated Officer in the timebound delivery of citizen related services as defined in the Act shall not be counted towards the misconduct, as the purpose and object is to sensitize the public servant towards the citizen and to enhance and imbibe a culture of deliver time bound services to the citizens. Sub- section (2) of Section 14 provides that any case of any designated Officer who is a habitual and wilful defaulter, without any reasonable cause and persistently failed to receive an application or has failed to provide service within the stipulated time or intentionally denied the request for service or delayed inordinately, the head of the public authority concerned shall be competent to take appropriate disciplinary action after recording a finding to this effect but not before giving showcause notice and opportunity of hearing to defaulting officer. 11. Sub-section (3) Section 14 provides that in order to encourage and enhance the efficiency - 7 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 of the designated Officer, a letter of appreciation for not a single default reported may be issued and entered in his Annual Performance Report by the head of the public authority. 12. The Schedule to the Act under the heading '4. Revenue Department', at Sl.No.26 provides for the service - change of khata (undisputed cases), where the designated Officer is the Tahsildar and the stipulated time for change of khata is 60 working days. 13. Such being the position and provision of law and this Court being flooded with such writ petitions alleging inaction on the part of the Tahsildars to change the khata, based on registered instruments and orders/judgments/ decrees of the competent Court, which would mean that these are undisputed cases, such inaction would be clearly in violation of the provisions contained in the Act, 2011. 14. It is also surprising that the competent officers under the Act, 2011 have not complied with the provisions of the Act inasmuch as not monitoring the applications, not providing information on the notice boards and not taking - 8 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 action against the Tahsildars for failure on their part to provide the services within the time stipulated in the schedule of the Act. 15. Attention of the Principal Secretary, Revenue Department is also drawn to this order so that the Tahsildars shall be sensitized in this regard. Prompt action on the part of the Tahsildars will reduce the number of such writ petitions being filed before this Court. This Court also proposes to henceforth pass orders in such cases where there is gross violation of the provisions of the Act, 2011 to impose costs on the respondent-State, in terms of the provisions of the said Act, 2011. 16. The Principal Secretary of Revenue Department, shall ensure that the Notice Boards in Office of the Tahsildars in the State shall henceforth indicate the information regarding pending applications and disposed of applications in terms of the provisions of the Act, 2011. Compliance Report in this regard shall be filed by the Principal Secretary of Revenue Department before this Court within a period of four weeks from the date of receipt of a copy of this order. - 9 - HC-KAR NC: 2026:KHC:29932 WP No. 16774 of 2026 4. Following the declaration of law made by the co-ordinate bench of this Court, I am of the view that the impugned endorsement issued by the respondent No.2 requires to be set aside and the matter is remitted to the respondent No.2 to change the katha in favour of the petitioner by considering the registered sale deed produced by the petitioner, and the order passed by the co-ordinate bench of this Court at Annexure-F to the writ petition, within a period of two months from the date of receipt of certified copy of this order, in accordance with law. With these observations, the writ petition is disposed of. Sd/- (E.S.INDIRESH) JUDGE KLY List No.: 1 Sl No.: 24