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2026 DAILYLAW 39302 (KAR)

SMT LAKSHMI S v. THE STATE OF KARNATAKA

WP/17866/2024 · 2026-09-03

Suraj Govindaraj

body2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010365392024 NC: 2026:KHC:48263 WP No. 17866 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE SURAJ GOVINDARAJ WRIT PETITION NO. 17866 OF 2024 (GM-RES) BETWEEN: SMT. LAKSHMI S W/O SRI. M. ANANDA BHAIRAVI, AGED ABOUT 62 YEARS, RESIDING AT NO.357, NEW EXTENSION, NORTH EAST OF N.R. MOHALLA, MYSURU - 570 007 REPRESENTED BY HER SPECIAL POWER OF ATTORNEY HOLDER, SRI. M. ANANDA BHAIRAVI, S/O LATE SRI MADAIAH, AGED ABOUT 67 YEARS, R/AT NO.1002, 14TH MAIN 16TH CROSS, FIRST STAGE 5TH BLOCK, HBR LAYOUT NEAR SRI SAI HOSPITAL NAGAWARA POST, BANGALORE - 560 045. …PETITIONER (BY SRI. SRIDHAR N. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA VIDHANA SOUDHA, BANGALORE - 560 001. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010365392024 NC: 2026:KHC:48263 WP No. 17866 of 2024 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA. 3. THE ASSISTANT COMMISSIONER PANDAVAPURA SUB DIVISION, MANDYA DISTRICT - 571 435. 4. THE TAHSILDAR K.R. PET TALUK MANDYA DISTRICT - 571 426. 5. THE ASSISTANT DIRECTOR OF LAND RECORDS, SURVEY SETTLEMENT DEPARTMENT K.R. PET TALUK, MANDYA - 571 426. …RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO i) DIRECT THE R4 TO CONSIDER THE RTI APPLICATIONS DATED 26/12/2020 AND 28/01/2021, SUBMITTED BY THE PETITIONER AND TO PROVIDE THE DOCUMENTS / INFORMATION SOUGHT BY THE PETITIONER THEREOF, VIDE ANNEXURE-G AND G1 AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR CNR: KAHC010365392024 NC: 2026:KHC:48263 WP No. 17866 of 2024 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent nos.1 to 5. 2. Petitioner is before this Court seeking for the following reliefs: a. issue a Writ of Mandamus, or in the like nature of writ, directing the respondent No.4 to consider the RTI applications dated 26.12.2020 and 28.01.2021, submitted by the petitioner and to provide the documents / information sought by the petitioner thereof, vide ANNEXURE - G & G1; b. issue a Writ of Mandamus, or in the like nature of directions, directing the concerned respondent authorities thereof to ascertain and thereby rectify any errors and discrepancies thereon, in respect of land in Sy. No.7/P7, measuring to an extent of 2 acres, situated in Manikanahalli Village, Kikkeri Hobli, K.R. Pet Taluk, Mandya District, as per the registered sale deed dated 24.08.2005, vide ANNEXURE - A; c. issue a Writ of Mandamus, or in the like nature of directions, directing the concerned respondent No.4 and 5 authorities thereof, as to clarify whether the said land in Sy. No.7/P7, measuring to an extent of 2 acres, situated in Manikanahalli Village, Kikkeri Hobli, K.R. Pet Taluk, Mandya District, is an public auctioned land or dharkasth land or gomala land; d. issue a Writ of Mandamus or in the like nature of directions, directing the concerned respondent No.4 and 5 authorities to initiate appropriate measures and steps concerning the extent of land in Sy. No.7/P7, situated in Manikanahalli Village, Kikkeri Hobli, K.R. Pet Taluk, Mandya District, ascertaining boundaries thereon and that the said land measures to an extent of 2 acres, as per the registered sale deed dated 24.08.2005, vide ANNEXURE-A; and - 4 - HC-KAR CNR: KAHC010365392024 NC: 2026:KHC:48263 WP No. 17866 of 2024 e. pass such other or further orders as this Hon'ble Court may deems fit in the facts and circumstances of the case, in the interests of justice and equity. 3. What has been sought for is a mandamus in respect to the RTI application submitted by the petitioner on 26.12.2020 and 28.01.2021. The said applications were considered by the respondents, and the information was directed to be furnished. An appeal having been filed once again, the information was directed to be furnished. 4. An application having been filed under the Right to Information Act, 2005 (for short, "RTI Act") would have to be processed under the provision of the RTI Act, and mandamus cannot be issued under Articles 226 and 227 of the Constitution of India in respect of a process which is governed by the RTI Act. 5. Reserving liberty to the petitioner to agitate any grievance in terms of the applicable provision of the RTI Act, the petition stands dismissed. Sd/- (SURAJ GOVINDARAJ) JUDGE GJM List No.: 1 Sl No.: 38