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