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2026 DAILYLAW 45568 (KAR)

SRI SHIVAMALLU v. THE STATE OF KARNATAKA

WP/277/2026 · 2026-01-20

R Devdas

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2955 WP No. 277 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 277 OF 2026 (KLR-RES) BETWEEN: 1. SRI SHIVAMALLU S/O. LATE. KEMPAIAH, AGED ABOUT 72 YEARS R/AT T.BETTAHALLI POST, TALAKADU HOBLI, T.NARASIPURA TALUK, MYSURU DISTRICT-571122. 2. M NANJUNDASWAMY M.NANJUNDASWAMY S/O. LATE. MARIMADAIAH AGED ABOUT 44 YEARS R/AT T.BETTAHALLI POST, TALAKADU HOBLI, T.NARASIPURA TALUK, MYSURU DISTRICT-571122. …PETITIONERS (BY SRI. NATARAJU T.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S. BUILDING, BENGALURU-560 001, BY ITS SECRETARY. 2. THE DEPUTY COMMISSIONER, MYSURU DISTRICT, MYSURU-570011. 3. THE ASSISTANT COMMISSIONER, MYSURU SUB DIVISION, MYSURU-570005. Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:2955 WP No. 277 of 2026 4. THE TAHSILDAR, T.NARASIPURA TALUK. T.NARASIPURA, MYSURU DISTRICT - 571122. …RESPONDENTS (BY SMT. NAVYA SHEKAR, ADVOCATE) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS, DIRECTING THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS DATED 16.10.2012 AND 30.09.2025 VIDE ANNEXURES - H & J RESPECTIVELY, BY DIRECTING THE 4TH RESPONDENT TO MAKE NECESSARY CORRECTION IN THE RTC IN RESPECT OF LAND BEARING SY.NO.350/1 MEASURING 2 ACRES 12 GUNTAS, SITUATED AT T.BETTAHALLI VILLAGE, TALAKADU HOBLI, T.NARASIPURA TALUK, MYSURU DISTRICT. 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 AGA takes notice for all respondents. 2. It is the contention of the petitioners that their forefathers purchased the property in question at an undisputed point of time and therefore, they have been in continuous possession of the lands in question viz., 2 acres and 12 guntas in Survey No.350/1 of T. Bettahalli Village, Talakadu Hobli, T.Narasipura Taluk, Mysuru - 3 - HC-KAR NC: 2026:KHC:2955 WP No. 277 of 2026 District. The petitioners are seeking mutation entry of their names in the revenue records. 3. Learned AGA however submits that even in this writ petition, the petitioners have not stated as to the nature of the title claimed over the property in question. At this juncture, learned counsel for the petitioner points out to Annexure-'B' which is a copy of the Hissa maintained by the Revenue Department and Annexure-'D' which is an index of land where it is recorded as Kukke Madha son of Muddu Malla purchasing the property under registered sale deed. However, the name of the grantee is not entered in the RTC. 4. Having regard to the contentions of the petitioner, this Court is of the considered opinion that the fourth respondent-Tahasildar, T.Narasipura Taluk is duty bound to consider the representation given by the petitioner, verify from the records regarding any entry that is found which shows that the revenue authorities have entered the name of the forefathers of the petitioners on the strength of registered sale deed. If it is found that - 4 - HC-KAR NC: 2026:KHC:2955 WP No. 277 of 2026 such entry are indeed reflected in the earlier revenue records, then the Tahasildar can consider entry of the name of the petitioners as the legal heirs of the previous kathedars. The entire exercise should be completed by the Tahasildar as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. Sd/- (R DEVDAS) JUDGE SSD List No.: 1 Sl No.: 41