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2026 DAILYLAW 7033 (KAR)

SRI. SATHYANARAYANAPPA. R v. THE STATE OF KARNATAKA

WP/13810/2025 · 2026-03-23

K S Hemalekha

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:16254 WP No. 13810 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF MARCH, 2026 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA WRIT PETITION NO. 13810 OF 2025 (KVOA) BETWEEN: SRI. SATHYANARAYANAPPA. R S/O LATE RAMAPPA AGED ABOUT 70 YEARS RESIDENT OF ACHAGANAPALALLI VILLAGE, MITTEMARI HOBLI, BAGEPALLI TALUK CHIKKABALALPURA DISTRICT - 562 101 PETITIONER IS SENIOR CITIZENSHIP IS NOT ANY CLAIM. …PETITIONER (BY SRI. N R NAIK.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA - 562 101. 3. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION CHIKKABALLAPURA - 562 101. 4. THE TAHSILDAR BAGEPALLI TALUK CHIKKABALLAPURA DISTRICT - 562 101. Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:16254 WP No. 13810 of 2025 5. SRI SATHYANARAYANARAO S/O L ATE ASHWATHNARAYANARAO AGED ABOUT 70 YEARS 6. SRI RAJASHEKAR S/O L ATE ASHWATHNARAYANARAO AGED ABOUT 68 YEARS RESPONDENTS 5 AND 6 ARE RESIDENT OF ACHAGANAPALALLI VILLAGE, MITTEMARI HOBLI, BAGEPALLI TALUK CHIKKABALALPURA DISTRICT - 562 101. …RESPONDENTS (BY SRI. MANJUNATH RAYAPPA.,AGA FOR R1 TO R4; SRI. K VISHWANATHA.,ADVOCATE FOR R5 AND R6) THIS W.P IS FILED UNDER ARTICLES 226 AND 27 OF THE CONTITUTION OF INDIA PRAYING TO DIRECT THE 4TH RESPONDENT TO EFFECT THE MUTATION BY REMOVING THE WORD GOVERNMENT AT COLUMN NO.9 AND 12(2) OF RTC IN RESPECT OF THE LAND BEARING SY.NO.68 MEASURING 0-30 GUNTAS, SITUATED AT ACHAGANAPALLI VILLAGE, MITTEMARI HOBLI, BAGEPALLI TALUK, CHIKKABALLAPUR DISTRICT IN PURSUANCE OF THE TITLE DEED AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:16254 WP No. 13810 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER The present writ petition is filed seeking a writ of mandamus directing respondent No.4 to effect the mutation by removing the name of 'Government' in column Nos.9 and 12(2) of the RTC in respect of the land bearing Survey No.68 measuring 0-30 guntas, situated at Achaganapalli Village, Mittemari Hobli, Bagepalli Taluk, Chikkaballapur District and to incorporate the name of the petitioner therein and also permit payment of premium pursuant to the regrant order. 2. The petitioner claims that the land in question was purchased under a registered sale deed dated 21.12.1961 and he has been in continuous possession and enjoyment of the same. It is his case that though the land is a Shanbhog inam land and proceedings were initiated under the Karnataka Village Offices Abolition Act, 1961 (‘KVOA’ Act’ for short) the authorities declared the purchasers as unauthorized occupants and re-granted the - 4 - HC-KAR NC: 2026:KHC:16254 WP No. 13810 of 2025 land to the original grantee subject to payment of premium. Due to the non-payment of premium, the name of the Government has been entered in the RTC, despite the petitioner continuing in possession. 3. Learned counsel for the petitioner submits that the petitioner is a lawful purchaser and has been in long, continuous possession. The sale deed has not been set aside and the regrant order itself recognizes possession. The entry of the government name in RTC is erroneous, as no possession is taken. Therefore, it is contended that mutation be effected and permission be granted to pay premium. 4. Learned Addl. Government Advocate for the respondents submits that due to the bifurcation, the land now falls within the jurisdiction of Tahsildar, Chelur Taluk, Chikkaballapur District. If the representation is made, the same shall be considered in accordance with law. - 5 - HC-KAR NC: 2026:KHC:16254 WP No. 13810 of 2025 5. The dispute essentially involves examination of factual aspects, including entitlement, effect of re-grant, and payment of premium, which are matters to be considered by the competent revenue authority. Further in view of the submission of the learned AGA that jurisdiction now vest with the Tashildar of Chelur Taluk, it would be appropriate to relegate the petitioner to avail the remedy before the said authority. Without expressing any opinion on the merits or demerits of the case, this Court deems it appropriate to dispose of the petition reserving liberty to the petitioner to submit the representation. Hence, this Court pass the following: ORDER i) The writ petition is disposed of. ii) The petitioner is at liberty to submit a representation before Tahsildar, Chelur Taluk, Chikkaballapur District within a - 6 - HC-KAR NC: 2026:KHC:16254 WP No. 13810 of 2025 period of two (2) weeks from the date of receipt of certified copy of this order. iii) Upon such representation, the concerned Tahsildar shall consider and pass appropriate orders in accordance with law within a period of three (3) months thereafter. Sd/- _____________________ JUSTICE K.S. HEMALEKHA PHM List No.: 1 Sl No.: 11