Karnataka High Court
Sri Ganesh V vs State Of Karnataka on 5 March, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:9223
WP No. 5643 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.5643 OF 2024 (KLR-RES)
BETWEEN:
SRI GANESH V
S/O LATE VASAPPA,
AGED 42 YEARS,
NO. 5, SAGALAYAM, 1ST CROSS,
GURAPPANAPALYA, BTM 1ST STAGE,
BANGALORE-560029.
...PETITIONER
(BY SRI. JAGADEESHACHARI., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY,
REVENUE DEPARTMENT
M.S BUILDING,
Digitally signed
by KRISHNAPPA BANGALORE-560001
LAXMI YASHODA
Location: HIGH 2. THE THASILDAR
COURT OF
KARNATAKA BANGALORE SOUTH TALUK,
BANGALORE-560009.
3. THE ASSISTANT COMMISSIONER
BANGALORE SOUTH SUB DIVISION,
NORTH TALUK,
BANGALORE-560009.
...RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH, AGA)
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NC: 2024:KHC:9223
WP No. 5643 of 2024
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTIONS TO
THE R2 AND 3 TO CONSIDER THE REPRESENTATION DATED
12/03/2015 A PER ANNEXURE-E BY WAY OF WRIT OF
MANDAMUS AND DIRECTIONS TO THE R2 AND 3 TO MENTION
THE NAME OF VASAPPA S/O MUNISWAMAPPA, IN RTC OF SY.
NO. 53/4C MEASURING 0.30 GUNTAS SITUATED AT
TARAVEREKRE VILLAGE, BEGUR HOBLI, BANGALORE SOUTH
TALUK, BANGALORE DISTRICT AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The grievance of the petitioner is that in the record of
rights pertaining to 30 guntas of land in Sy.No.53/4C of
Tavarekere Village, Begur Hobli, Bangalore South Taluk,
the name of the kathedar namely Sri Vasappa, the father
of the petitioner has been wrongly shown as "Dasappa".
The petitioner has given several representations to the
respondent - Tahasildar, Bangalore South Taluk and the
Assistant Commissioner, Bangalore South Sub-Division to
rectify the mistake. Nevertheless, no action has been
NC: 2024:KHC:9223
taken by the respondent authorities and therefore the
petitioner is before this Court
2. The claim of the petitioner is that his father late
Sri Vasappa is the owner of the property based on the
judgment and decree passed by the 16th Additional City
Civil Judge, Bangalore in O.S.No.981/1987 dated
16.08.1990. At the asking of this Court, the petitioner has
furnished a copy of the judgment and decree passed in
O.S.No.981/1987 which was in fact instituted by Sri
Vasappa. The suit has been decreed in favour of the
plaintiff, while restraining the defendant from interfering
with the plaintiffs peaceful possession of the suit schedule
property. The suit schedule property has been described
as property bearing No.53/4 situated at Guruvebhovi
Palya, Tavarekere Hobli, Bangalore South Taluk.
3. However, the learned Additional Government
Advocate points out from the schedule in the suit that
even according to the judgment and decree the suit
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schedule property measures only 53' x 107' and the claim
of the petitioner is in respect of 30 guntas.
4. Having heard the learned counsel for the
petitioner and the learned Additional Government
Advocate and on perusing the petition papers, this Court
is of the considered opinion that although the land in
question appears to be within the jurisdiction of Bruhat
Bengaluru Mahanagara Palike and the revenue entries in
the records of the revenue department may not have
great efficacy, nevertheless having regard to the claim of
the petitioner that he is only seeking a correction of the
name of the kathedar, the Tahasildar, Bangalore South
Taluk is hereby directed to make necessary correction in
the name of the kathedar from "Dasappa" to "Vasappa"
having regard to the entry made in the RTC on the
strength of the judgment and decree passed in
O.S.No.931/1987 by the City Civil Court at Bangalore.
Since the Tahasildar is only required to correct the name
NC: 2024:KHC:9223
of the kathedar it should not take more than two weeks to
carry out the necessary correction.
5. Accordingly, the petition is disposed of with a
direction to the Tahasildar, Bangalore South Taluk to carry
out the corrections in the RTC showing the name of the
kathedar as "Vasappa" instead of "Dasappa". The entire
exercise shall be completed as expeditiously as possible
and at any rate within a period of four weeks from the
date of receipt of copy of this order.
Ordered accordingly.
Sd/-
JUDGE
KLY
CT: JL
