The High Court of Karnataka disposed of a writ petition challenging an endorsement in revenue records regarding land title due to the 23-year delay and availability of civil suit remedy.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP No. 4372 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 4372 OF 2022 (KLR-RES)
BETWEEN:
SRI DASASHETTY S/O.LATE JAVARASHETTY, AGED ABOUT 62 YEARS, R/AT SEELANERE VILLAGE, POST AND HOBLI, K.R.PETE TALUK, MANDYA DISTRICT- 571426.
…PETITIONER
(BY SRI PARAMESHWARAPPA M V, ADV.)
AND:
Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka
WP No. 4372 of 2022
RESPONDENT NOS.3 TO 8 ARE R/AT SEELANERE VILLAGE, POST AND HOBLI, K.R.PETE TALUK, MANDYA DISTRICT 571426.
RESPONDENT NOS. 9 TO 12 ARE R/AT NO.169, 11TH MAIN, VEERABHADRANAGARA, BSK I STAGE, BENGALURU 85.
RESPONDENT NOS. 13 & 14 ARE R/AT NO.2195/1, 3RD CROSS, BASAVESHWARA ROAD, K.R.MOHALLA, LAKSHMIPURAM, MYSORE- 570004.
WP No. 4372 of 2022
RESPONDENT NO.17 & 18 ARE R/AT SEELENERE VILLAGE, POST AND HOBLI, K.R.PETE TALUK, MANDYA DISTRICT 571426.
…RESPONDENTS
(BY SRI V SESHU, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENDORSEMENT DATED 03.09.1999 ISSUED BY THE R-2 BEARING NO.LND(2) CR117/1999-2000 IN RESPECT OF THE LAND BEARING SY.NO.14 OF JAKKANAHALLI VILLAGE, BOKANAKERE HOBLI, K.R.PETE AS PER ANNEXURE-A AND THEREBY ALLOW THE APPLICATION FILED BY THE PETITIONER.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the matter is listed for Preliminary Hearing,
with the consent of learned counsel for the parties, matter is taken up for final disposal.
WP No. 4372 of 2022
Sri.Parameshwarappa.M.V., for petitioner and learned High Court Government Pleader Sri.V.Seshu, who has taken notice for respondent Nos.1 and 2. Perused the writ petition papers.
the Deputy Commissioner directed entry of names of Sri.Karishetty and his children who are the original owners of the property bearing Sy.No.14 to an extent of 6 acres 15 guntas of Jakkanahalli Village, K.R.Pete Taluk. Petitioner claims that he is the son of one late Javarashetty. Learned counsel submits that while Deputy Commissioner directed entry of names of Karishetty and his children in the revenue records to the above stated land, name of the petitioner was omitted to be mentioned.
WP No. 4372 of 2022
Further, learned counsel would submit that father of the petitioner purchased the land in question for a valuable consideration and the first respondent failed to look into the encumbrance certificate.
With the above, writ petition stands disposed of.
SD/JUDGE
CT:bms: List No.: 1 Sl No.: 23
NC
3 issues framed by the court
Whether the High Court can entertain a writ petition filed after 23 years challenging an endorsement in revenue records regarding land title.
Whether the proper remedy for establishing title through a disputed sale deed is to file a civil suit instead of seeking writ jurisdiction.
Whether the omission of a petitioner's name in revenue records can be successfully challenged via writ petition in the present circumstances.
SRI DASASHETTY S/O.LATE JAVARASHETTY
THE CHIEF SECRETARY GOVERNMENT OF KARNATAKA
THE DEPUTY COMMISSIONER MANDYA DISTRICT
SMT. SAKAMMA W/O LATE S.K. MANCHASHETTY
SRI NINGARAJU S/O.LATE S.K.MANCHASHETTY
SMT. MANGALA D/O LATE S.K.MANCHASHETTY
S.G.PANDIT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
