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Smt. Siddamma vs The State Of Karnataka
2025 Latest Caselaw 5739 Kant

Citation : 2025 Latest Caselaw 5739 Kant
Judgement Date : 18 August, 2025

Karnataka High Court

Smt. Siddamma vs The State Of Karnataka on 18 August, 2025

Author: R Devdas
Bench: R Devdas
                                                  -1-
                                                             NC: 2025:KHC:31922
                                                           WP No. 33729 of 2024


                      HC-KAR




                      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                            DATED THIS THE 18TH DAY OF AUGUST, 2025

                                              BEFORE
                               THE HON'BLE MR. JUSTICE R DEVDAS
                           WRIT PETITION NO. 33729 OF 2024 (KLR-RES)

                      BETWEEN:

                      SMT. SIDDAMMA
                      W/O LATE CHANNABASAPPA,
                      AGED ABOUT 76 YEARS,
                      1ST STREET, BYAGADAHALLI,
                      CHIKKAMANGALURU,
                      C/O SRI H S SIDDEGOWDA,
                      HEREGOWDA VILLAGE,
                      LAKYA HOBLI 577131
                      CHIKKAMAGALURU DISTRICT
                                                                   ...PETITIONER
                      (BY SRI. FAYAZ SAB B G., ADVOCATE)
                      AND:
Digitally signed by
JUANITA               1.   THE STATE OF KARNATAKA
THEJESWINI
Location: HIGH             REPRESENTED BY ITS SECRETARY,
COURT OF                   DEPARTMENT OF REVENUE,
KARNATAKA
                           M S BUILDING, BENGALURU 560001.

                      2.   THE DEPUTY COMMISSIONER
                           CHIKKAMAGALURU DISTRICT,
                           CHIKKAMAGALURU 577130.

                      3.   THE ASSISTANT COMMISSIONER
                           CHIKKAMAGALURU SUB DIVISION,
                           CHIKKAMAGALURU DISTRICT,
                           CHIKKAMAGALURU 577130.
                                    -2-
                                                    NC: 2025:KHC:31922
                                               WP No. 33729 of 2024


HC-KAR




4.   THE TAHASILDAR
     KADUR TALUK, KADUR 577131
     CHIKKAMAGALURU DISTRICT.

5.   THE TAHASILDAR AND SECRETARY
     COMMITTEE FOR REGULARIZATION OF
     UNAUTHORIZED CULTIVATION OF LANDS,
     KADUR TALUK, KADUR 577131
     CHIKKAMAGALURU DISTRICT.
                                                       ...RESPONDENTS
(BY SRI.MOHAMMED JAFFAR SHAH., AGA FOR R5)

      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE
PETITIONER    AND     GRANT       THE    FOLLOWING        RELIEFS.    1.
DIRECTING      THE        RESPONDENTS          TO     CONSIDER       THE
REPRESENTATION DATED 11.01.2023 SUBMITTED BY THE
PETITIONER TO DELETE THE ENTRY MENTIONED AS SARKARI
BEELU    IN   COLUMN       NO.9    OF    THE    RTC    AND   FURTHER
REQUESTED THE RESPONDENTS TO CHANGE/REFLECT HER
NAME IN COLUMN NO.9 AND 12 OF THE RTC OF THE
SCHEDULE      PROPERTY       AS     OWNER       AND     FORM     NO.57
SUBMITTED            BY           THE          PETITIONER            FOR
GRANT/REGULARIZATION OF UNAUTHORIZED OCCUPATION,
WHICH ARE PRODUCED AND MARKED AS ANNEXURES-F AND G
AND ETC.

      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
                                  -3-
                                              NC: 2025:KHC:31922
                                          WP No. 33729 of 2024


HC-KAR




CORAM: HON'BLE MR. JUSTICE R DEVDAS


                       ORAL ORDER

The prayer in the writ petition is to issue a writ of

mandamus directing the respondents to consider the

representation dated 11.01.2023 given by the petitioner at

Annexures 'F' and 'G'. In the representations, the

petitioner is contending that 3 acres 13 guntas in Sy.No.2

of Jodi Thimmapura Village, Beerur Hobli, Kadur Taluk,

Chikkamagaluru District, was granted to the petitioner's

father-in-law late Sri Poojari Basappa, and his name was

entered in the RTC. It is contended that after the death of

Sri Poojari Basappa, the property devolved on the

petitioner, who is the daughter-in-law. Therefore, a

direction is sought to the Tahsildar to enter the name of

the petitioner in the revenue records.

2. Learned Counsel would also point out to Annexure

'C' judgment and decree passed in O.S.No.228/1985.

NC: 2025:KHC:31922

HC-KAR

3. However, learned AGA points out to Annexure 'G'

and submits that if such is the contention of the petitioner

that she is the legitimate owner of the property, then it is

difficult to understand why the petitioner has to file an

application in Form No.57 seeking regularization of

unauthorized occupation of the same lands.

4. Having regard to the submissions made by the

learned Counsel for the petitioner and the learned AGA,

this Court is of the considered opinion that the fourth

respondent-Tahsildar, Kadur Taluk, is duty bound to

consider the representation given by the petitioner seeking

mutation entry of her name in the revenue records.

5. The writ petition is accordingly disposed of, while

directing the respondent-Tahsildar to verify from the

records as to whether late Sri Poojari Basappa was

granted the lands in question and whether his name was

entered in the revenue records. If the said facts are borne

out of the records, then the Tahsildar shall issue notice to

NC: 2025:KHC:31922

HC-KAR

all concerned and thereafter pass necessary orders in

accordance with law.

6. The entire exercise shall be completed 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.

Ordered accordingly.

Sd/-

(R DEVDAS) JUDGE

JT/-

CT: JL

 
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