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2026 DAILYLAW 53436 (KAR)

NITAY S/O GOPAL BABSHET v. THE STATE OF KARNATAKA

WP/107304/2025 · 2026-01-27

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 IN THE HIGH COURT OF KARNATAKA AT DHARWAD DATED THIS THE 27TH DAY OF JANUARY 2026 BEFORE THE HON'BLE MRS JUSTICE K.S.HEMALEKHA WRIT PETITION NO. 107497 OF 2025 (KLR-RES) C/W WRIT PETITION NO. 107304 OF 2025 (KLR-RES) WRIT PETITION NO. 107306 OF 2025 (KLR-RES) IN WP No. 107497/2025: BETWEEN: SMT. USHA W/O. GOPAL BABSHET AGE: 69 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO. 110, SHANTI NAGAR, TILAKWADI, BELAGAVI-590006. …PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BELAGAVI COURT COMPOUND, BELAGAVI-590001. 3. THE DEPUTY DIRECTOR OF LAND RECORDS ODL ZP OFFICE, NEAR DISTRICT COURT, BELAGAVI-590001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS AND CITY SURVEY OFFICER, CITY SURVEY, BELAGAVI, OLD ZP OFFICE, BELAGAVI. …RESPONDENTS (BY SMT. NANDINI B. SOMAPUR, AGA) GIRIJA A. BYAHATTI Digitally signed by GIRIJA A. BYAHATTI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2026.02.02 09:57:48 +0530 - 2 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE LETTER/ ENDORSEMENT DATED 20TH JUNE 2024, BEARING NO. CTS/SDN/SR 03/2024-25, ISSUED BY RESPONDENT NO.4, A COPY OF WHICH IS PRODUCED AT ANNEXURE-M AND ETC. IN WP NO. 107304/2025: BETWEEN: NITAY S/O. GOPAL BABSHET AGE: 37 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO. 110, SHANTI NAGAR, TILAKWADI, BELAGAVI 590006. ...PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSIONER BELAGAVI COURT COMPOUND, BELAGAVI-590001. 3. THE DEPUTY DIRECTOR OF LAND RECORDS ODL ZP OFFICE, NEAR DISTRICT COURT, BELAGAVI-590001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS AND CITY SURVEY OFFICER, CITY SURVEY, BELAGAVI, OLD ZP OFFICE, BELAGAVI-590001. ...RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE - 3 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 LETTER/ENDORSEMENT DATED 20.06.2024 BEARING NO. CTS/SDN/SR 04/2024-25, ISSUED BY RESPONDENT NO.4, A COPY OF WHICH IS PRODUCED AT ANNEXURE-M, IN SO FAR AS PETITIONER IS CONCERNED AND ETC. IN WP NO. 107306/2025: BETWEEN: SMT. DIVYA W/O. NITAY BABSHET AGE: 35 YEARS, OCC: HOUSEHOLD WORK, R/O. PLOT NO. 110, SHANTI NAGAR, TILAKWADI, BELAGAVI-590006. ...PETITIONER (BY SRI. VITTHAL S.TELI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001. 2. THE DEPUTY COMMISSISONER BELAGAVI COURT COMPOUND, BELAGAVI-590001. 3. THE DEPUTY DIRECTOR OF LAND RECORDS OLD ZP OFFICE, NEAR DISTRICT COURT, BELAGAVI-590001. 4. THE ASSISTANT DIRECTOR OF LAND RECORDS AND CITY SURVEY OFFICER, CITY SURVEY, BELAGAVI, OLD ZP OFFICE, BELAGAVI. ...RESPONDENTS (BY SMT. NANDINI B.SOMAPUR, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE AN APPROPRIATE WRIT OF CERTIORARI OR ANY OTHER APPROPRIATE WRIT, ORDER, OR DIRECTION, QUASHING THE LETTER/ENDORSEMENT DATED 20.06.2024 BEARING NO. CTS/ SDN/SR 06/2024-25, ISSUED BY RESPONDENT NO.4, A COPY OF WHICH IS PRODUCED AT ANNEXURE-L IN SO FAR AS PETITIONER IS CONCERNED AND ETC. - 4 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE K.S.HEMALEKHA ORAL ORDER 1. Since the issues involved in all these writ petitions are similar and the petitioners in these petitions are seeking to quash the endorsement dated 20.06.2024 issued by Respondent No.4 (Annexure-M), all the petitions are taken up together for consideration. The petitioners also seek a direction to Respondent Nos.3 and 4 to issue individual and separate City Survey Maps in respect of their respective plots carved out of CTS Nos.4482A/K, situated at Kanabargi Village, Belagavi, in accordance with Form Nos.13 and 13A under Rules 82, 83, and 83A of the Karnataka Land Revenue Rules, 1966 (for short, “the KLR Rules”). 2. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondents. - 5 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 3. Brief Facts of the case: 3.1. The Deputy Commissioner, Belagavi, by order dated 20.06.2007, converted R.S.No.506 from agricultural to non-agricultural use and issued Kami Jasti Patrike (KJP). 3.2. Pursuant thereto, Respondent No.4, based on the order of Respondent No.3, prepared the KJP and assigned R.S.No.506/4+5+7 as CTS No.4482/A/8. The name of the purchaser was entered in CTS No.4482/A/K. 3.3. Subsequently, the petitioners purchased various plots carved out of CTS No.4482/A/K of Kanabaragi Village, and their names were mutated in the CTS records with effect from 18.02.2022. 3.4. The petitioners made representations to Respondent Nos.3 and 4, seeking to open an enquiry register, issuance of individual and separate CTS maps, and deletion of the word - 6 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 “Shethki” from the CTS records relating to CTS No.4482A. 3.5. Non-consideration of their representations constrained the petitioners to approach this Court in W.P.No.104269/2023 and the said writ petition is disposed of with a direction to consider the representations submitted by the petitioners in accordance with law. 3.6. Pursuant thereto, fresh representations were submitted. Respondent No. 4 has now issued the impugned endorsement directing the petitioners to produce layout plan approval from the competent authority. 3.7. Aggrieved by the same, the petitioners are before this Court in these writ petitions. 4. Contention of petitioners: 4.1. Learned counsel for the petitioners submits that the names of the petitioners have already been recorded in the CTS records of CTS No.4482/A - 7 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 in the year 2022, as evident from the CTS extracts produced along with the writ petitions. 4.2. It is submitted that, despite the entry of petitioners names in the CTS records, Respondent No.4 has issued the impugned endorsement calling upon the petitioners to produce layout plans, which is contrary to Rules 82 and 83 of the KLR Rules. 5. Per contra, learned Additional Government Advocate appearing for the respondents submits that, the impugned order/letter/endorsement issued by the authority is merely calling upon the petitioners to produce the layout map to enable verification of the CTS records pertaining to the petitioners and the impugned endorsement does not warrant any interference. 6. This Court has carefully considered the rival submissions urged by learned counsel for the parties and perused the records. - 8 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 7. It is not in dispute that the names of the petitioners have been entered in the CTS records pertaining to CTS No.4482/A of Kanabargi Village pursuant to conversion of R.S.No.506/4+5+7. The endorsement issued by the respondent authority to produce the layout plan is contrary to the entries made in the CTS records. Once the entries made in CTS records, issuance of an endorsement directing production of layout plans, without considering the existing entries, is unsustainable. 8. The grievance of the petitioners is limited to seeking individual and separate CTS numbers and corresponding City Survey Maps in respect of their respective plots, in accordance with Rules 82, 83, and 83A of the KLR Rules, in accordance with Form Nos.13 and 13A. In the light of the petitioners entitlement for individual and separate CTS/City Survey maps, this Court pass the following: - 9 - HC-KAR NC: 2026:KHC-D:971 WP No. 107497 of 2025 C/W WP No. 107304 of 2025 WP No. 107306 of 2025 ORDER i. The writ petitions are allowed. ii. The impugned endorsement dated 20.06.2024 issued by Respondent No.4 is hereby quashed. iii. Respondent No.4 is directed to issue Form Nos.13 and 13A within a period of two weeks from the date of receipt of a copy of this order. iv. Pursuant to submission of Form Nos.13 and 13A by the petitioners, Respondent Nos.3 and 4 shall issue individual and separate CTS numbers and corresponding City Survey Maps in respect of the petitioners’ plots, as per Rule 83 of the Karnataka Land Revenue Rules, 1966, in accordance with law. Sd/- JUSTICE K.S.HEMALEKHA gab Ct:VH List No.: 1 Sl No.: 38