Karnataka High Court
Sri. K N Ramachandra vs The State Of Karnataka on 28 October, 2025
Author: S Sunil Dutt Yadav
Bench: S Sunil Dutt Yadav
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WP No. 10190 of 2025
C/W WP No. 25469 of 2023
WP No. 36497 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
WRIT PETITION NO. 10190 OF 2025 (KVOA)
C/W
WRIT PETITION NO. 25469 OF 2023 (KLR-RES)
WRIT PETITION NO. 36497 OF 2024 (KVOA)
IN W.P. No. 10190/2025
BETWEEN:
1. SRI.K.N.RAMACHANDRA
S/O. LATE NAGARAJU,
AGED ABOUT 61 YEARS,
RESIDENT OF S.I. KODIHALLI VILLAGE,
K.GOWDAGERE POST,
KERAGODU HOBLI,
MANDYA TALUK - 571 401
Digitally
signed by 2. SRI K.N. DAYANANDAMURTHY
VIDYA G R
S/O LATE NAGARAJU
Location:
HIGH AGED ABOUT 65 YEARS
COURT OF
KARNATAKA
3. SRI DEVARAJU
S/O LATE NAGARAJU
AGED ABOUT 48 YEARS
4. SMT. ANNAPOORNA
W/O LATE PAPACHI
AGED ABOUT 60 YEARS
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5. SMT. NAGALAKSHMI
D/O LATE PAPACHI
AGED ABOUT 40 YEARS
PETITIONER NOS.2 TO 4 ARE
RESIDENTS OF S.I. KODIHALLI VILLAGE
K. GOWDAGERE POST
KERAGOUDU HOBLI
MANDYA TALUK - 571 401.
... PETITIONERS
(BY SRI. JANARDHANA G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
VIDHANA SOUDHA,
DR.B.R.AMBEKAR VEEDHI,
BENGALURU - 560 001
2. THE ASSISTANT COMMISSIONER,
MANDYA SUB DIVISION,
MANDYA - 571 401
3. THE TAHASILDAR,
MANDYA TALUK,
MANDYA - 571 401
4. SMT. BORAMMA,
W/O. LATE SIDDA,
AGED ABOUT 87 YEARS
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RESPONDENT NOS.1 TO 4 ARE
RESIDENTS OF S.I. KODIHALLI VILLAGE,
KERAGOUDU HOBLI, K.GOWDAGERE POST,
MANDYA TALUK - 571 401
5. SRI.K.SHIVARAMU,
(SINCE DECEASED BY LRS)
5(A) SMT. SUMA S.
D/O K. SHIVARAMU
W/O KEMPARAJU M.
AGED ABOUT 43 YEARS
5(B) SMT. SUNITHA S.
D/O K. SHIVARAMU
W/O ASHOK S.
AGED ABOUT 41 YEARS
5(C) SRI MAHENDRA
S/O K. SHIVARAMU
AGED ABOUT 39 YEARS
5(D) KUM. BHANUMATHI S.
D/O K. SHIVARAMU
AGED ABOUT 37 YEARS
5(A) TO 5(D) RESIDING AT
S.I. KODIHALLI VILLAGE
K. GOWDAGERE POST
KERAGODU HOBLI
MANDYA TALUK - 571 401.
6. SRI.K.S.PUTTARAMU,
S/O. LATE SIDDA,
AGED ABOUT 67 YEARS
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7. SRI.SIDDARAJU,
S/O. LATE SIDDA,
AGED ABOUT 51 YEARS
RESPONDENT NOS. 6 TO 7
ARE RESIDENTS OF
S.I. KODIHALLI VILLAGE,
KERAGOUDU HOBLI,
K.GOWDAGERE POST,
MANDYA TALUK - 571 401
8. SMT.CHENNAMMA,
W/O. LATE KEMPA BORAIAH
MAJOR
9. SRI.SIDDARAMU,
S/O. LATE KEMPA BORAIAH,
MAJOR
10. SRI. DEVARAJU,
S/O. LATE KEMPA BORAIAH,
MAJOR
11. SRI.SWAMINATHAN,
S/O. LATE KEMPA BORALAH,
MAJOR
12. SMT.SHANTHAMMA,
D/O. LATE KEMPA BORAIAH,
MAJOR
13. SMT.SUMATHI,
D/O. LATE KEMPA BORAIAH,
MAJOR
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14. SMT. LEELAVATHI,
D/O. LATE KEMPA BORAIAH,
MAJOR
15. SRI.BORAIAH,
S/O. LATE KONDANA SIDDANA BORAIAH,
MAJOR
16. SMT.NINGAMMA,
W/O. LATE BORAIAH,
MAJOR
17. SRI.BHARATH,
S/O. LATE BORAIAH,
MAJOR
18. SRI.SIDDAIAH,
S/O. LATE BORAIAH,
MAJOR
19. SRI.SHIVANNA,
S/O. LATE BORAIAH,
MAJOR
20. SRI.KADU BORA,
MAJOR
21. SMT. PARVATHAMMA,
W/O. LATE KADUBORA,
MAJOR,
22. SRI.BASAVARAJU,
S/O. LATE KADUBORA,
MAJOR
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23. SMT.MANGAMMA,
D/O. LATE KADUBORA,
MAJOR
24. SMT.SUMA.S,
D/O. K.SHIVARAMU,
W/O. KEMPARAJU.M,
AGED ABOUT 43 YEARS
25. SMT.SUNITHA.S,
D/O. K.SHIVARAMU,
W/O. ASHOK.S,
AGED ABOUT 41 YEARS
26. SRI.MAHENDRA,
S/O. K.SHIVARAMU,
AGED ABOUT 39 YEARS
27. KUM.BHANUMATHI.S,
D/O. K.SHIVARAMU,
AGED ABOUT 37 YEARS
RESPONDENT NOS.4 TO 27
ARE RESIDENTS OF S.I. KODIHALLI VILLAGE,
KERAGOUDU HOBLI, K.GOWDAGERE POST,
MANDYA TALUK - 571 401
... RESPONDENTS
(BY SRI. G.S. BALAGANGADHARA, ADVOCATE FOR R4,
R6, R7, R24 TO R27;
R9 TO R24 ARE DELETED VIDE ORDER DATED 06.08.2025)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 01.02.2025 BEARING NO.
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R.R.C.R.708/2024-25 PASSED BY THE R-2, VIDE ANNRXURE-L
AND ETC.
IN W.P. NO. 25469/2023
BETWEEN:
1. SRI.K.N.RAMACHANDRA
S/O. LATE NAGARAJU,
AGED ABOUT 59YEARS,
RESIDENT OF S.I. KODIHALLI VILLAGE,
K.GOWDAGERE POST, KERAGODU HOBLI,
MANDYA TALUK - 571 401
2. SRI K.N. DAYANANDAMURTHY
S/O LATE NAGARAJU
AGED ABOUT 65 YEARS
3. SRI DEVARAJU
S/O LATE NAGARAJU
AGED ABOUT 48 YEARS
4. SMT. ANNAPOORNA
W/O LATE PAPACHI
AGED ABOUT 60 YEARS
5. SMT. NAGALAKSHMI
D/O LATE PAPACHI
AGED ABOUT 40 YEARS
... PETITIONERS
(BY SRI. JANARDHANA G., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS PRINCIPAL SECRETARY,
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REVENUE DEPARTMENT,
VIDHANA SOUDHA,
DR.B.R.AMBEKAR VEEDHI,
BENGALURU - 560 001
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA - 571 401
3. THE ASSISTANT COMMISSIONER,
MANDYA SUB DIVISION,
MANDYA - 571 401
4. THE TAHASILDAR,
MANDYA TALUK,
MANDYA - 571 401
5. SMT. BORAMMA,
W/O. LATE SIDDA,
AGED ABOUT 87 YEARS
RESPONDENT NOS.1 TO 5 ARE
RESIDENTS OF
S.I. KODIHALLI VILLAGE,
KERAGOUDU HOBLI,
K.GOWDAGERE POST,
MANDYA TALUK - 571 401
6. SRI.K.SHIVARAMU,
(SINCE DECEASED BY LRS)
6(A) SMT. SUMA S.
D/O K. SHIVARAMU
W/O KEMPARAJU M.
AGED ABOUT 43 YEARS
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6(B) SMT. SUNITHA S.
D/O K. SHIVARAMU
W/O ASHOK S.
AGED ABOUT 41 YEARS
6(C) SRI MAHENDRA
S/O K. SHIVARAMU
AGED ABOUT 39 YEARS
6(D) KUM. BHANUMATHI S.
D/O K. SHIVARAMU
AGED ABOUT 37 YEARS
6(A) TO 6(D) RESIDING AT
S.I. KODIHALLI VILLAGE
K. GOWDAGERE POST
KERAGODU HOBLI
MANDYA TALUK - 571 401.
7. SRI.K.S.PUTTARAMU,
S/O. LATE SIDDA,
AGED ABOUT 67 YEARS
8. SRI.SIDDARAJU,
S/O. LATE SIDDA,
AGED ABOUT 51 YEARS
RESPONDENT NOS. 7 TO 8
ARE RESIDENTS OF
S.I. KODIHALLI VILLAGE,
KERAGOUDU HOBLI,
K.GOWDAGERE POST,
MANDYA TALUK - 571 401
9. SMT.CHENNAMMA,
W/O. LATE KEMPA BORAIAH, MAJOR
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10. SRI.SIDDARAMU,
S/O. LATE KEMPA BORAIAH,
MAJOR
11. SRI. DEVARAJU,
S/O. LATE KEMPA BORAIAH,
MAJOR
12. SRI.SWAMINATHAN,
S/O. LATE KEMPA BORALAH,
MAJOR
13. SMT.SHANTHAMMA,
D/O. LATE KEMPA BORAIAH,
MAJOR
14. SMT.SUMATHI,
D/O. LATE KEMPA BORAIAH,
MAJOR
15. SMT. LEELAVATHI,
D/O. LATE KEMPA BORAIAH,
MAJOR
16. SRI.BORAIAH,
S/O. LATE KONDANA SIDDANA BORAIAH,
MAJOR
17. SMT.NINGAMMA,
W/O. LATE BORAIAH,
MAJOR
18. SRI.BHARATH,
S/O. LATE BORAIAH,
MAJOR
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19. SRI.SIDDAIAH,
S/O. LATE BORAIAH,
MAJOR
20. SRI.SHIVANNA,
S/O. LATE BORAIAH,
MAJOR
21. SRI.KADU BORA,
MAJOR
22. SMT. PARVATHAMMA,
W/O. LATE KADUBORA,
MAJOR,
23. SRI.BASAVARAJU,
S/O. LATE KADUBORA, MAJOR
24. SMT.MANGAMMA,
D/O. LATE KADUBORA, MAJOR
24. SMT.SUMA.S,
D/O. K.SHIVARAMU,
W/O. KEMPARAJU.M,
AGED ABOUT 43 YEARS
... RESPONDENTS
(BY SMT. NAVYA SHEKHAR, AGA FOR R1 TO R4;
SRI G.S. BALAGANGADHAR, ADVOCATE FOR R5,
R7 AND R8;
SRI ANAND B., ADVOCATE FOR R10 TO R13, R18,
R19, R22 TO R24;
V/O DATED 06.08.2025, R9 TO R24 ARE DELETED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DECLARE THAT THE SALE DEED DTD 21.2.1969, UNDER
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ANNEXURE-B, THEIR RIGHT AND POSSESSION OVER THE
SCHEDULE PROPERTY HAS BECOME PERFECT ON RE-
GRANTING THE SAME TO SIDDA, S/O SINGRI BORA,
HUSBAND OF R5 AND FATHER OF R6 TO 8 AND ETC.
IN W.P. NO. 36497/2024
BETWEEN:
1. SMT. BORAMMA
W/O LATE SIDDA
AGED ABOUT 87 YEARS,
2. SMT SUMA S
D/O LATE K SHIVARAMU
W/O KEMPARAJU M
AGED ABOUT 42 YEARS,
3. SMT SUNITHA S
D/O LATE K SHIVARAMU
W/O ASHOK S
AGED ABOUT 40 YEARS,
4. SRI MAHENDRA
S/O LATE K SHIVARAMU
AGED ABOUT 38 YEARS,
5. KUM BHANUMATHI S
D/O LATE K SHIVARAMU
AGED ABOUT 36 YEARS,
6. SRI K S PUTTARAMU
S/O LATE SIDDA
AGED ABOUT 67 YEARS,
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7. SRI SIDDARAJU
S/O LATE SIDDA
AGED ABOUT 51 YEARS,
ALL ARE RESIDENTS OF
S I KODIHALLI VILLAGE,
K GOWDAGERE POST,
KERAGODU HOBLI
MANDYA TALUK-571401
... PETITIONERS
(BY SRI. BALAGANGADHAR G S., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
VIDHANA SOUDHA
DR AMBEDKAR VEEDHI
BENGALURU-560 001
2. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA-571 401
3. THE ASSISTANT COMMISSIONER
MANDYA SUB DIVISION
MANDYA-571 401
4. THE TAHASILDAR
MANDYA TALUK
MANDYA-571 401
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5. K N RAMACHANDRA
S/O LATE NAGARAJU
AGED ABOUT 59 YEARS,
RESIDENTS OF
S I KODIHALLI VILLAGE,
K GOWDAGERE POST,
KERAGODU HOBLI
MANDYA TALUK-571 401
6. SMT BHAGAMMA
W/O LATE KRISHNEGOWDA
AGED ABOUT 65 YEARS,
7. SRI ATHMANANDA
S/O LATE KRISHNEGOWDA
AGED ABOUT 50 YEARS,
8. SRI SUKHESHRAJU
S/O LATE KRISHNEGOWDA
AGED ABOUT 47 YEARS,
9. SMT SRINIDHI
S/O LATE KRISHNEGOWDA
AGED ABOUT 44 YEARS,
RESPONDENTS NO.6 TO 9 ARE
RESIDENTS OF NO.1838
8TH CROSS, SUBHASHNAGARA
MANDYA CITY-571 401
10. SMT MARIYAMMA
D/O LATE CHANNAMMA
AGED ABOUT 70 YEARS
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11. SRI K P THANDAVA
S/O LATE CHIKKATHAYAMMA
AGED ABOUT 62 YEARS
12. SMT BHAGYAMMA
D/O LATE THAYAMMA
AGED ABOUT 68 YEARS
13. SRI MANU
S/O LATE SHANTHAMMA
AGED ABOUT 39 YEARS
14. SMT ANITHA
W/O KUMARA
D/O LATE SHANTHAMMA
AGED ABOUT 37 YEARS
15. SMT SUNITHA
W/O SATHISHA
D/O LATE SHANTHAMMA
AGED ABOUT 35 YEARS
RESPONDENTS NO.10 TO 15 ARE
R/O S I KODIHALLI VILLAGE
K GOWDAGERE POST,
KERAGODU HOBLI,
MANDYA TALUK-571 401
16. SMT NANDA
D/O LATE THAYAMMA
AGED ABOUT 63 YEARS,
17. SMT SANDHYARANI
D/O LATE C KUMARASWAMY
AGED ABOUT 45 YEARS,
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18. SRI MAHESH
S/O LATE C KUMARASWAMY
AGED ABOUT 40 YEARS,
19. SMT SUMITHRA
W/O LATE K C RAMESH
AGED ABOUT 52 YEARS,
20. SMT ASHARANI
D/O LATE K C RAMESH
AGED ABOUT 36 YEARS,
21. SRI AVINASH
S/O LATE K C RAMESH
AGED ABOUT 31 YEARS,
RESPONDENTS NO.16 TO 21 ARE
RESIDENTS OF S I KODIHALLI VILLAGE
K GOWDAGERE POST, KERAGODU HOBLI,
MANDYA TALUK-571 401
22. K N DAYANANDAMURTHY
S/O LATE NAGARAJU
AGED ABOUT 65 YEARS,
23. SMT ANNAPOORNA
W/O LATE PAPACHI
AGED ABOUT 60 YEARS,
24. SMT NAGALAKSHMI
W/O LATE PAPACHI
AGED ABOUT 40 YEARS,
25. SRI DEVARAJU
S/O LATE NAGARAJU
AGED ABOUT 48 YEARS,
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RESPONDENTS NO.22 TO 25
ARE RESIDENTS OF S I
KODIHALLI VILLAGE
K GOWDAGERE POST,
KERAGODU HOBLI,
MANDYA TALUK-571 401
... RESPONDENTS
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER PASSED BY LEARNED I ADDITIONAL DISTRICT AND
SESSION JUDGE AT MANDYA IN MA (VOA) NO. 9/2023 DTD.
03.12.2024 PRODUCED AT ANNEXURE-A AS THE SAME IS
IMPUGNED, PERVERSE AND CAPRICIOUS AND LIABLE TO BE
SET ASIDE AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY
HEARING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S SUNIL DUTT YADAV
ORAL ORDER
W.P.No.25469/2023 has been filed seeking for
issuance of a writ to declare the Sale Deed dated
21.02.1969 as having become perfect on re-grant of the
land to Sidda S/o Singari Bora, husband of
Smt. Boramma and father of Sri K. Shivaramu,
Sri K.S.Puttaramu and Sri Siddaraj. The petitioner has
also sought for modification of the order dated 27.02.2023
at Annexure-'K' re-granting the schedule property to the
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service inam holders and to modify the same taking note
of the Sale Deed dated 21.02.1969.
2. It is noticed that Writ Petition No.36497/2024
has been filed seeking for certain reliefs, while the
proceedings for re-grant have still not attained finality.
The proceedings of re-grant have been subjected to
several orders of remand and in the last round of appeal
against the order of Tahsildar in M.A.(VOA) No.9/2023,
learned I Additional District and Sessions Judge, Mandya
had allowed the appeal and remanded the matter to the
Tahsildar for fresh disposal after setting aside the earlier
order of Tahsildar. Such order has been challenged by the
inam holders in the present petition. In the said Writ
Petition, it has been contented that the order of remand is
done mechanically without application of mind and the
District Court ought to have decided the matter on merits
itself, as there were several earlier rounds of remand and
no purpose would have been served by once again passing
an order for remand.
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3. W.P.No.10190/2025 has been filed by the
purchasers through the Sale Deed dated 21.02.1969,
wherein they have challenged the endorsement at
Annexure-'L' dated 01.02.2025 passed by the Assistant
Commissioner. In terms of Annexure-'L', the Assistant
Commissioner took note of the order of remand passed by
the District Court in M.A.(VOA)No.9/2023 and noticed
that, as the earlier order of Tahsildar was set aside, the
revenue entries also accordingly were required to be
restored in the names of inamdars.
4. All the three Writ Petitions are interrelated and
are relating to a common dispute of re-grant and
accordingly are heard and disposed of by a common order.
5. The primary contention of the purchasers in
W.P.No.25469/2023 is that the Sale Deed that is executed
between 01.02.1963 and 07.08.1978 would be vested with
rights upon re-grant to the inam holders. Reliance is
placed on the judgment of this Court in the case of Syed
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Bhasheer Ahamed & Others v. State of Karnataka
(Syed Basheer Ahamed)1.
6. At the outset, it must be noticed that, for any
right claimed by the purchasers there has to be a grant
and that aspect of grant is a matter still to be decided.
Unless the orders are passed as regards re-grant to the
inam holders, obviously, the purchasers cannot claim any
right. Even, if the law laid down in Syed Basheer
Ahamed (supra) is to be made applicable taking note
that the order of re-grant is still a matter being decided
and the last of the orders in M.A.(VOA) No.9/2023 had
remanded the aspect of re-grant for reconsideration before
the Tahsildar. Accordingly, W.P.No.25469/2023 can be
stated to be premature. Nevertheless, all the legal
contentions raised in the said writ petition, including the
rights of purchaser attaining completeness upon the order
of re-grant to the inam holder are kept open to be raised
ILR 1994 KAR 159
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before the pending proceedings while setting aside the
earlier order of re-grant.
7. Learned counsel appearing for the original
inamdar submits that the Sale Deed is not valid and no
rights would flow which also is a contention to be taken up
and decided in the pending proceedings.
8. Insofar as the order in M.A.(VOA)No.9/2023 is
concerned, it is noticed that the learned District and
Sessions Judge, Mandya while remanding the matter for
fresh consideration has passed such order only after
noticing that the purchasers were not given sufficient
opportunity. As rightly pointed out by learned counsel
appearing for the inam holders, the aspect of re-grant has
been subjected to several rounds of litigation and all
materials are still available on the file of Tahsildar which
could have been taken note of when the matter was
decided by the District Court considering the contentions
of both the purchasers and the inam holders. Therefore,
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no purpose would be served by remanding the matter to
the Tahsildar for re-adjudication when all the material and
evidence on record of Tahsildar are available and there
being no request for leading of any fresh evidence and the
learned District and Sessions Judge while deciding
M.A.(VOA)No.9/2023 could have decided the appeal itself.
9. Taking note of the said facts, the order dated
03.12.2024 passed in M.A.(VOA)No.9/2023 by the Court
of I Addl. District and Sessions Judge, Mandya is set aside.
The matter is remitted to the learned District and Sessions
Judge, Mandya to decide the appeal afresh after hearing
both sides and taking note of all the records and evidences
available by summoning all the records of earlier rounds of
litigation from the office of Tahsildar or the previous
appeal proceedings before the District Court as should be
available.
10. Insofar as W.P.No.10190/2025 is concerned, it
must be noticed that the order of the Assistant
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Commissioner at Annexure-'L' dated 01.02.2.2025 was
passed on the premise that M.A.(VOA)No.09/2023 was
allowed and the order of Tahsildar was set aside and
accordingly had directed to include the names in the RTC
after deleting the earlier revenue entries as 'Thoti Inam' in
Column No.9.
11. It must be noticed that, if the endorsement at
Annexure-'L' is pursuant to the setting aside of
M.A. (VOA)No.9/2023, now, by virtue of setting aside of
the order of Tahsildar in M.A.(VOA)No.9/2023 and
remitting the matter for reconsideration to the District
Court, the revenue entries as were prior to Annexure-'L'
may be restored by the Tahsildar.
12. Insofar as the contention regarding protection
of possession as made by learned counsel for the
purchaser by relying on the observations made in Syed
Basheer Ahamed (supra) and pointing out that till the
application for re-grant is decided the possession of
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HC-KAR
purchaser requires to be protected, such contention is kept
open to be raised before the learned District and Sessions
Judge while seeking appropriate relief regarding protection
of possession as is sought for. This Court is not inclined to
enter into such aspect of protection of possession, as the
petitions are being disposed of relegating all aspects for
consideration in the pending appeal in
M.A.(VOA)No.9/2023. Consequent to remand, it is open
for the parties to seek appropriate relief including that of
protection of possession. If any request is made for
protection of possession, the District Court may consider
the same expeditiously.
13. Noticing that the proceedings for re-grant have
been pending since 1968, the District Court may make all
endeavour to pass a comprehensive order considering all
the contentions and material on record within a period not
later than six months from the date of receipt of certified
copy of the order. It is also kept open for the District
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HC-KAR
Court to seek for extension, if there are any reasons
justifying such consideration.
14. The parties may appear before the District
Court on 14.11.2025 without waiting for any notice.
Needless to state that all contentions are kept open.
Accordingly the writ petitions are disposed of.
Sd/-
(S SUNIL DUTT YADAV)
JUDGE
VGR
