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2026 DAILYLAW 24675 (KAR)

SMT. SHAKUNTALA v. THE STATE OF KARNATAKA

WP/33658/2025 · 2026-06-18

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:30036 WP NO.33658 OF 2025 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.33658 OF 2025 (KLR-RES) BETWEEN: SMT. SHAKUNTALA W/O LATE K. SRINIVASA MURTHY, AGED ABOUT 87 YEARS, R/AT NO.50, 12TH BLOCK, SERPENTINE ROAD, KUMARA PARK WEST, BENGALURU - 560 020. …PETITIONER (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S. BUILDING, BENGALURU - 560 001. REP. BY THE PRINCIPAL SECRETARY. 2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K.G. ROAD, BENGALURU - 560 009. 3. THE TAHSILDAR YALAHANKA TALUK, YALAHANKA, BENGALURU URBAN DISTRICT - 560 064 …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE OFFICIAL MEMORANDUM DATED 28TH OCTOBER, 2025 ISSUED BY THE RESPONDENT NO.2 VIDE ANNEXURE-J; DIRECT THE Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:30036 WP NO.33658 OF 2025 RESPONDENT NO.3 TO CONSIDER THE REPRESENTATION DATED 06TH OCTOBER, 2025 VIDE ANNEXURE-H AND MUTATE THE REVENUE ENTRIES IN THE NAME OF THE PETITIONER IN RESPECT OF THE SCHEDULE PROPERTY; AND ETC. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In this petition, the petitioner is challenging the Official Memorandum dated 28th October, 2025 (Annexure-J) issued by the respondent No.2; inter alia sought for a direction to the respondent No.3 to consider the representation dated 06th October, 2025 (Annexure-H) to mutate the revenue entries in the name of the petitioner in respect of the schedule property. 2. Heard Sri. Bhadrinath R., learned counsel appearing for the petitioner and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents. 3. Sri. Bhadrinath R., learned counsel appearing for petitioners referred to the representation dated 06th October, 2025 (Annexure-H) filed by the petitioner and submitted that, though the petitioner has made an application/representation to the respondent No.3, seeking change of Khata in respect of the schedule property in favour of him based on the judgment and decree dated 09th September, 2025 (Annexure-G) passed - 3 - HC-KAR NC: 2026:KHC:30036 WP NO.33658 OF 2025 by this Court in Regular First Appeal No.2243/2024, the respondent No.3 has not considered the same and issued the impugned official memorandum. Accordingly, he sought for interference of this Court. 4. Having heard the learned counsel appearing for the parties and on perusal of the impugned Official Memorandum dated 20th October, 2025 (Annexure-J), it is forthcoming that the Fact Finding Committee has been constituted by the respondent No.2 to look in to the grievance of the petitioner based on the judgment and decree dated 09th September, 2025 passed by this Court in Regular First Appeal No.2243/2024. However, it is a settled principle in law that, once the judgment and decree is passed by the Court, it is the duty of the competent authority to implement the same unless, it is set- aside by the Appellate Court. It is forthcoming that, there is no order/judgment passed by the Hon'ble Supreme Court in the appropriate proceedings in pursuance of the judgment and decree passed by this Court in Regular First Appeal No.2243/2024. In that view of the matter, I am of the considered opinion that, the impugned Official Memorandum dated 28th October, 2025 (Annexure-J) issued by the - 4 - HC-KAR NC: 2026:KHC:30036 WP NO.33658 OF 2025 respondent No.2, constituting a Fact Finding Committee is without application of mind, which shows that the respondent No.2 is sitting over the judgment and decree passed by this Court in Regular First Appeal No.2243/2024 dated 09th September, 2025. Therefore, I find force in the submission made by learned counsel appearing for the petitioner. Accordingly, I pass the following: O R D E R (i) Writ Petition allowed; (ii) Official Memorandum dated 28th October, 2025 (Annexure-J) issued by the respondent No.2 is hereby set-aside; (iii) The respondent No.3 is directed to consider the representation of the petitioner dated 06th October, 2025 (Annexure-H) and mutate the revenue entries in respect of the schedule property in the name of the petitioner, within a period of two months from the date of receipt of this order. Sd/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 5