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2026 DAILYLAW 2398 (KAR)

SRI. GANGAIAH @ GANGANNA v. STATE OF KARNATAKA

WP/8860/2026 · 2026-04-01

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:17720 WP No. 8860 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 8860 OF 2026 (KLR-RES) BETWEEN: SRI. GANGAIAH @ GANGANNA S/O. LATE MUDDEERAIAH, AGED ABOUT 78 YEARS, RESIDENT OF KAGIMADU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT - 562 123. …PETITIONER (BY SRI. G.M. SRINIVASA REDDY, ADVOCATE) AND: 1. STATE OF KARNATAKA R/BY ITS SECRETARY DEPARTMENT OF REVENUE, M.S. BUILDING, DR. AMBEDKAR ROAD, BENGALURU - 560 001. 2. THE ASST. COMMISSIONER, BENGALURU SOUTH SUB DIVISION, BENGALURU, BENGALURU URBAN DISTRICT - 562 159. 3. THE TAHASILDAR, MAGADI TALUK, MAGADI, Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:17720 WP No. 8860 of 2026 BENGALURU SOUTH DISTRICT - 562 120. 4. KARIMSAB S/O. LATE, BUDAN SAB RESIDENT OF KAGIMADU VILLAGE, KUDURU HOBLI, MAGADI TALUK, BENGALURU SOUTH DISTRICT - 562 123. …RESPONDENTS (BY SRI. SHAMANTH NAIK, HCGP FOR R1 TO R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO (I) ISSUE A WRIT OF CERTIORARI, TO QUASH THE ENDORSEMENT BEARING NO. R.R.T.C.R/547/24-25 DATED 05.07.2025 ISSUED BY THE RESPONDENT NO.3 VIDE ANNEXURE-C AND ETC., 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 High Court Government Pleader accepts notice for respondent Nos.1 to 3. Notice to respondent No.4 is not necessary for the following reason. 2. Learned counsel for the petitioner submits that although it is true that there is a huge delay on the part of the petitioner in seeking mutation of revenue entries pursuant to - 3 - HC-KAR NC: 2026:KHC:17720 WP No. 8860 of 2026 the registered sale deed dated 22.03.1975, which was executed by Sri.Gaffar @ Ameer Sab in favour of the petitioner nevertheless, it appears that respondent No.4 is in possession of the property and his name is entered in the revenue records. Therefore, the petitioner gave a representation not only to the Tahsildar but also to the Assistant Commissioner, Ramanagara Sub-Division and both the Tahsildar and the Assistant Commissioner have issued the impugned endorsements at Annexures-C and D, declining to enter the name of the petitioners. Learned counsel submits that at any rate the petition could not have been rejected, since it is the duty of the Tahsildar to issue notice, conduct an enquiry and thereafter, pass necessary orders. 3. There is substance in the submission made by learned counsel for petitioner. The Tahsildar could not have rejected the application having regard to the provisions contained in Section 129 of the Karnataka Land Revenue Act, 1964, and the rules therein. 4. The petition is accordingly disposed of while setting aside the impugned endorsements that Annexures-C - 4 - HC-KAR NC: 2026:KHC:17720 WP No. 8860 of 2026 and D with a direction to respondent No.3-Tahsildar, Magadi Taluk, to issue notice to all concerned, conduct an enquiry and thereafter, pass necessary orders in accordance with law. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE rv