The High Court of Karnataka dismissed a writ petition challenging orders rejecting the petitioners' claim to mutate their names in revenue records regarding family property, finding that revenue authorities had rightly dismissed the claim based on existing order records. (49
Writ Petition dismissed.
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.
NC: 2023:KHC:41272 WP No. 9595 of 2020
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.9595 OF 2020 (KLR-RES)
BETWEEN:
SINCE DECEASED BY LRS.
1b. RAMESH R. YADAV S/O LATE K. RAMASWAMY AGED ABOUT 49 YEARS R/AT NO.96/1, KAMADENU NILAYA 15TH MAIN, J.C. NAGAR KURUBARAHALLI BENGALURU-560 086
Digitally signed by SHARMA ANAND CHAYA Location: High Court of Karnataka
PETITIONERS 1a TO 1d ARE R/AT NO.251, 4TH CROSS, KURUBARAHALLI, MAHALAKSHMIPURAMPOST, BANGALORE-560086.
AGED ABOUT 42 YEARS R/AT NO.15, 25TH A MAIN AGARA, HSR LAYOUT 1ST SECTOR BENGALURU-560 102 (THE PETITIONER (1e) WAS ALREADY ON RECORD AS RESPONDENT NO.6 IN THE ABOVE CASE)
…PETITIONERS
(BY SRI. SURESH P., ADVOCATE)
AND:
R/AT NO.251, 4TH CROSS, KURUBARAHALLI, MAHALAKSHMIPURAM POST, BANGALORE-560086.
…RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R4; SRI. K.N. NITISH, ADVOCATE FOR R5; R6 SERVED )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER IN R.P.NO.185/2017 DATED 01.06.2020 PASSED BY THE RESPONDENT NO.1 VIDE ANNEXURE-A AS WELL AS IMPUGNED ORDER PASSED IN RA(N)NO.25/2016-17 VIDE ORDER DATED 27.11.2017 PASSED BY RESPONDENT 2 VIDE ANNEXURE-B IN RESPECT OF MR NO.IHC 41-1985-86, IHC 3-98-99 AND MR NO.1/2001-02 IN RESPECT OF LAND BEARING SY.NO.93, MEASURING AN EXTENT 6-27 ACRES, SY.NO.94/2 MEASURING 1-35 ACRES AND SY.NO.94/7 MEASURING 2-36 ACRES OF LAND SITUATED AT AGALAKUPPE VILLAGE, SOMPURA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT IN SO FAR AS THE PETITIONER IS CONCERNED.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
one daughter by name Kempasiddamma (respondent No.5). The second son Krishnappa had two children namely K. Ramaswamy and Smt. Saroja. Sri. K. Ramaswamy died leaving behind his wife Smt. Soubhagya who is the original petitioner before this Court. During the pendency of the Writ Petition, the original petitioner - Smt. Soubhagya died and the legal representatives of
deceased original petitioner were brought on record by amending the Writ Petition.
NC: 2023:KHC:41272 WP No. 9595 of 2020
13 would indicate that Ex.P17 is the mutation register in MR No.4/1998-99 and the Trial Court expressed its view that Ex.P17 cannot be accepted. In that view of the matter, I am of the view, that both the revenue authorities having taken note of the factual aspects on record have arrived at the conclusion to dismiss the claim made by the petitioner herein. In that view of the matter, petitioners herein have not made out a case for interference of this Court.
SD/JUDGE
sac
List No.: 1 Sl No.: 40
2 issues framed by the court
Whether the revenue authorities' rejection of the petitioner's claim to mutate her name in revenue records warrants interference by this Court.
Whether the petitioners have made out a case for quashing the impugned orders dismissing their claim to mutation rights.
1 provisions across 1 enactments
Sowbhagya S.LRS
Ravikumar R.
Ramesh R. Yadav
GOPalkrishna R.
Manjunath R.
Premila R.
E.S. Indiana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
