Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:29426 WP No. 35335 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JUNE, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.35335 OF 2025 (KLR-RR/SUR) BETWEEN:
1.
SMT. SIRAJ UNNISA W/O LATE BASHA AGED ABOUT 58 YEARS R/AT MAGADIPALYA YADIYURU HOBLI KUNIGAL TALUK TUMKURU DISTRICT - 572130. …PETITIONER (BY SRI. NAIK NARAYAN MASTAPPA, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY PRINCIPAL SECRETARY REVENUE DEPARTMENT MS BUILDING BENGALURU - 560001.
2.
THE DEPUTY COMMISSIONER TUMKURU TUMAKURU DISTRICT - 572101.
3.
THE ASSISTANT COMMISSIONER TUMKURU SUB DIVISION TUMKURU - 572101.
Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2026:KHC:29426 WP No. 35335 of 2025
4.
THE TAHSILDAR KUNIGAL TALUK TUMKURU DISTRICT - 572130. …RESPONDENTS (BY SMT. B.P. RADHA, AGA )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT BEARING NO.R.R.T:CR:
1073/2020-21,430/2024-25 DATED 19.09.2024 ISSUED BY THE RESPONDENT NO.4 PRODUCED AT ANNEXURE-W, AS THE SAME IS ISSUED ARBITRARILY BY VIOLATING THE PRINCIPLES OF NATURAL JUSTICE AND WITHOUT CONSIDERING THE EARLIER REPORTS OF THE RESPONDENT NO- 4 DATED 14.07.2021 PRODUCED AT ANNEXURE-L; AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER Heard Sri. Naik Narayan mastappa, learned counsel for the petitioner and Smt. B.P. Radha, learned Additional Government Advocate appearing for the respondent-State.
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HC-KAR NC: 2026:KHC:29426 WP No. 35335 of 2025
2. In this writ petition, the petitioner is assailing the Endorsement dated 19.09.2024 (Annexure-W) issued by respondent No.4, whereby the claim of the petitioner regarding the grant of the subject land on 19.08.1947 has been rejected.
3. Sri. Naik Narayan Mastappa, learned counsel for the petitioner, invited the attention of the Court to the earlier order dated 14.07.2021 (Annexure-L) passed by respondent No.4, wherein respondent No.4 had arrived at a conclusion regarding the genuineness of M.R. No.19/1947-48. In that view of the matter, the very same respondent No.4, by issuing the impugned Endorsement at Annexure-W, has wrongly arrived at a contrary conclusion, which is liable to be set aside.
4. Per contra, Smt. B.P. Radha, learned Additional Government Advocate appearing
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HC-KAR NC: 2026:KHC:29426 WP No. 35335 of 2025
respondent-State submitted that there are no original records pertaining to the grant of land in favour of the petitioner's father-in-law on 19.08.1947 available in the office of respondent No.4 and, therefore, sought dismissal of the writ petition.
5. In light of the submissions made by the
learned counsel appearing for the parties, I have perused the original records produced by the learned Additional Government Advocate. The records disclose that the respondent-authorities have made entries in M.R. No.19/1947-48, and the name of the petitioner's father-in-law is found in the original records relating thereto. It is also to be noted that the RTC extracts stand in the name of the petitioner's father-in-law.
6. In that view of the matter, I find force in the submission made by the learned counsel for the petitioner that the rejection of the claim solely on the
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HC-KAR NC: 2026:KHC:29426 WP No. 35335 of 2025
ground that there is no grant order is not justified on the part of respondent No.4. Accordingly, the matter requires to be remitted to respondent No.4 for reconsideration. Respondent No.4 shall re-examine the issue afresh by looking into the contemporaneous records, including the Index of Lands and such other relevant documents pertaining to the grant alleged to have been made in favour of the petitioner's father-in- law, and thereafter, take an appropriate decision in accordance with law.
7. It is made clear that, the said exercise shall be completed within a period of three months from the date of receipt of a certified copy of this order. It is also open to the petitioner to furnish any relevant documents before respondent No.4 for consideration while taking a decision in the matter.
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HC-KAR NC: 2026:KHC:29426 WP No. 35335 of 2025
With this observation, the writ petition stands
disposed of.
SD/- (E.S.INDIRESH) JUDGE
SB List No.: 1 Sl No.: 72