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2026 DAILYLAW 34682 (KAR)

SMT. GURRAMMA v. THE STATE OF KARNATAKA

WP/24050/2026 · 2026-08-06

E S Indiresh

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010531542026 NC: 2026:KHC:41533 WP No. 24050 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO. 24050 OF 2026 (KLR-RES) BETWEEN: SMT. GURRAMMA, W/O SEENAPPA, D/O LATE YELLAMMA, AGED ABOUT 71 YEARS, R/AT CHINNAYYANAPALYA, INDLAWADI, ANEKAL TALUK, BENGALURU - 562 106. …PETITIONER (BY SRI. SRINIVAS V., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDYA BHAVAN, K.G.ROAD, BENGALURU - 560 009. 3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH TALUK, Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010531542026 NC: 2026:KHC:41533 WP No. 24050 of 2026 KANDYA BHAVAN, K.G.ROAD, BENGALURU - 560 009. 4. THE TAHSILDAR, ANEKAL TALUK, ANEKAL, BENGALURU URBAN DISTRICT - 560 064. …RESPONDENTS (BY SRI.SPOORTHY HEGDE N., HCGP) THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO A) ISSUE A WRIT OF CERTIORARI OR ANY OTHER WRIT OF LIKE NATURE AND QUASH THE UNDATED NOTICE SIGNED BY THE RESPONDENT NO 4 ON 18/07/2026 BEARING NO TOANK -RRTOK/93/2026 ISSUED BY THE RESPONDENT NO 4 VIDE ANNEXURE E TO THE WRIT PETITION 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 Learned High Court Government Pleader accepts notice for the respondents. 2. In this writ petition, petitioner is assailing the notice dated 18.07.2026 issued by respondent No.4 (Annexure-E). - 3 - HC-KAR CNR: KAHC010531542026 NC: 2026:KHC:41533 WP No. 24050 of 2026 3. It is contended by Sri. Srinivas.V, learned counsel appearing for the petitioner that the petitioner is claiming right over the property based on the judgment and decree in OS.No.489/2011. However, the respondent-Authorities are insisting the revenue sketch insofar as changing khata in favour of the petitioner and therefore, contended that the impugned notice at Annexure-E requires to be set aside in this writ petition. 4. Per contra, Sri.Spoorthy Hegde N., learned HCGP submitted that unless 11 E sketch is appended to the documents to be provided by the petitioner seeking mutation entries, as it is difficult for the authorities to consider the boundaries in respect of the subject land. Accordingly, sought for dismissal of the writ petition. 5. In the light of the submissions made by the learned counsel appearing for the parties and on careful consideration of the writ papers, it would indicate that the petitioner is claiming right over the property based on the judgment and decree dated 18.11.2023 in OS.No.489/2011 (Annexure-A) - 4 - HC-KAR CNR: KAHC010531542026 NC: 2026:KHC:41533 WP No. 24050 of 2026 passed by the II Additional Senior Civil Judge and JMFC., Anekal. 6. Taking into consideration and also based on the order passed by the Deputy Commissioner in RP No.460/2023 (Annexure-C), since the claim made by the petitioner is based on judgment and decree passed by the Trial Court, I am of the view that it is open for the petitioner to survey the land in question through a licensed Surveyor and later provide the said survey sketch to respondent – Authorities seeking change of khata in to her name. 7. In that view of the matter, I am of the view that petitioner is permitted to conduct the survey of the land through a licensed surveyor as observed above and thereafter, furnish the sketch along with the report to respondent No.4 to enable them to take decision in the matter as to enter the name of the petitioner in the khata extract. 8. It is also made clear that respondent No.4 is directed to mutate the name of the petitioner, since the petitioner is claiming right over the property based on the judgment and decree passed by the Trial Court in OS.No.489/2011 within a - 5 - HC-KAR CNR: KAHC010531542026 NC: 2026:KHC:41533 WP No. 24050 of 2026 period of two months from the date of survey report that may be produced by petitioner. 9. With this observation, the writ petition is disposed of. SD/- (E.S.INDIRESH) JUDGE BH List No.: 1 Sl No.: 35