Karnataka High Court
Sri Srinivas V vs State Of Karnataka on 8 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:14475
WP No. 3651 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 3651 OF 2024 (KLR-RES)
BETWEEN:
SRI. SRINIVAS V,
S/O LATE VENKATAPPA,
AGED ABOUT 58 YEARS,
RESIDING AT NO.1, CAUVERY EXTENSION,
VARTHUR VILLAGE, BANGALORE EAST TALUK,
BENGALURU - 560 087.
...PETITIONER
(BY SRI. RAMESHA M.S, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REPRESENTED BY ITS CHIEF SECRETARY,
VIDANA SOUDHA, BENGALURU - 560 001.
Digitally signed
by JUANITA
THEJESWINI 2. THE THASILDHAR,
Location: HIGH BANGARAPETE TALUK, BANGARPETE,
COURT OF
KARNATAKA KOLAR DISTRICT - 563 114.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET
ASIDING /QUASHING THE ENDORSEMENT ISSUED BY THE R-2
UNDER NAM.THA.BA/R.R.T/CR/158/2023 VIDE ANNEXURE-L
AND ETC.,
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NC: 2024:KHC:14475
WP No. 3651 of 2024
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned HCGP takes notice for both the respondents.
The petitioner is aggrieved of the impugned
Endorsement at Annexure 'L' dated 08.08.2023 issued by
the respondent - Tahasildar, Bangarapet Taluk, declining
to mutate the name of the petitioner in the land records
till the 11E sketch is produced by the petitioner.
2. Learned counsel for the petitioner submits that
although the Tahasildar has been informed that the name
of the petitioner was entered in the land records pursuant
to the sale deed dated 08.06.2007 in M.R. No.1/2007-08,
but, by virtue of subsequent orders, the name of the
plaintiff in O.S.No.230/2007 was entered in the land
records, but a suit for declaration filed at the hands of the
said parties against the petitioner herein and his vendors
was dismissed by a judgment and decree dated
NC: 2024:KHC:14475
01.02.2022, the Tahasildar has issued the impugned
Endorsement. Learned counsel submits that the revenue
Sketch is required where there is a division of property, in
present case, there is no such division. The petitioner
herein had acquired 1 acre 29 guntas of land in
Sy.No.11/2 of Kongatagere Village, Kamasamudra Hobli,
Bangarpete Taluk under a registered sale deed and
thereafter, the name of the petitioner was entered in the
land records.
3. There is substance in the submission of the
learned counsel for the petitioner. The RTC for the year
2007-08 and thereafter shows the name of the petitioner
in the RTC in terms of MR No.1/2007-08 in respect of
entire 1 acre 29 guntas of land. That being the position,
there is no need for the petitioner to furnish the 11E
Sketch.
4. Consequently, the writ petition is allowed. The
impugned Endorsement at Annexure 'L' dated 08.08.2023
issued by the Tahasildar, Bangarpete Taluk, is hereby
quashed and set-aside. The Tahasildar, Bangarpete Taluk
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is hereby directed to restore the name of the petitioner in
the RTC having regard to the judgment and decree passed
in O.S.No.230/2007 on the file of the Prl. Civil Judge and
JMFC, Bangarpete. The entire proceedings shall be
completed as expeditiously as possible at any rate within a
period of two months from the date of receipt of the copy
of this Order.
Sd/-
JUDGE
SNC
CT: BHK
