Dismissed

Smt Pyarijan v. State of Karnataka

Karnataka HC20 Nov 2024WP/16952/2024

Case brief

AI extract

What is this about?

Petitioner sought transfer of khata and revenue entries in her name for land allegedly granted to her deceased husband under Bagur Hukkum. The AGA stated the RTC records the land as sarkari gomala with the husband only as cultivator in 1968-69; no grant certificate could be produced. The writ petition was dismissed, leaving regularization claims open.

What did the court decide?

None granted; dismissal does not bar seeking regularization of unauthorized cultivation before the appropriate authority if permissible.

Smt Pyarijan Vs State of Karnataka — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:47189 WP No. 16952 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.16952 OF 2024 (KLR-REG)

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BETWEEN:

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SMT. PYARIJAN AGED ABOUT 74 YEARS, W/O. LATE IBRAHIM SHARIF, D/O. AMEER KHAN, R/AT KATTIGENAHALLI VILLAGE, JADIGENA HALLI HOBLI, HOSKOTE TALUK,

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BANGALORE RURAL DISTRICT-562 114.

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…PETITIONER

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Digitally signed by CHAITHANYA K Location: High Court of Karnataka

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(BY SRI ANDANAPPA GURAPPA BALLOLLI, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, DR. B.R. AMBEKDAR BEEDHI, M.S. BUILDING, VIDHANA SOUDHA, BANGALORE-560 001.

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THE DEPUTY COMMISSIONER BANGALORE RURAL DISTRICT, BANGALORE-560 067.

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NC: 2024:KHC:47189 WP No. 16952 of 2024

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THE ASSISTANT COMMISSIONER HOSKOTE TALUK, BANGALORE RURAL DISTRICT-562 114.

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THE THASILDAR HOSKOTE TALUK, BANGALORE RURAL DISTRICT-562 114.

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…RESPONDENTS

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(BY SRI HARISH A.S., AGA)

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THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENT NO.4 TO CONSIDER THE REPRESENTATIONS DATED 03.03.2024 AND 09.02.2024 FOR REGULARIZATION OF LAND UNDER BAGUR HUKKUM AND TRANSFER KHATA, WHICH ARE PRODUCED HEREWITH AS ANNEXURES-A AND B IN RESPECT OF LAND BEARING SY.NO.17 MEASURING 3 ACRE SITUATED AT KATTIGENAHALLI VILLAGE JADIGENAHALLI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT, ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.I.ARUN

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NC: 2024:KHC:47189 WP No. 16952 of 2024

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ORAL ORDER

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On the ground that the land which is the subject matter of the writ petition was granted in the name of the husband of the petitioner, petitioner has requested respondent No.4 - Tahsildar to change the revenue entries in her name as her husband has now died. As there was no response from the Authorities concerned, the present writ petition is filed.

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Learned AGA appearing for the respondents upon instructions submits that the land was never granted to the husband of the petitioner. Attention of the Court is drawn to the RTC produced by the petitioner herself which records the land as sarkari gomala and mentions the name of Ibrahim Shariff for the year 1968-69 in the cultivators column.

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The petitioner is unable to produce the grant certificate in favour of her husband.

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As it is evident that the land has not been granted in favour of the husband of the petitioner, the writ petition is hereby dismissed . However, dismissal of the writ petition will not come in the way of the petitioner seeking regularization of

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NC: 2024:KHC:47189 WP No. 16952 of 2024

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unauthorized cultivation before the appropriate Authority if the

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same is permissible in accordance with law.

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Sd/(M.I.ARUN) JUDGE

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VMB List No.: 1 Sl No.: 5

Smt Pyarijan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Pyarijan v. State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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