Petitioner sought a writ directing the Tahsildar to register khata for granted land and to restrain encroachment by respondents 3 and 4. The court permitted a fresh representation with all particulars, directed the Tahsildar to decide within two months before any allotment to respondents 3 and 4, and disposed of the petition.
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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 20049 OF 2024 (KLR-RES)
BETWEEN:
…PETITIONER
(BY SRI. C.R.GOPALASWAMY, SR.COUNSEL FOR SRI. BHARGAV G., ADVOCATE)
AND:
Digitally
signed by CHAITHANYA K Location: High Court of Karnataka
NC: 2024:KHC:47484 WP No. 20049 of 2024
BENGALURU RURAL DISTRICT, BEERASANDRA VILLAGE, DEVANAHALLI, BENGALURU RURAL DISTRICT-562 110.
…RESPONDENTS
(BY SMT. B.P.RADHA, AGA)
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE SECOND RESPONDENT-TAHSILDAR TO REGISTER THE KHATA IN THE NAME OF THE PETITIONER AS FAR AS THE SCHEDULE LAND CONCERNED AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
" WHEREFORE, the Petitioner above named prays
that this Hon'ble Court be pleased to:
i) Issue Writ of Mandamus directing the second respondent-Tahsildar to register the khata in the name of the petitioner as far as the schedule land concerned;
ii) Issue Writ of Mandamus directing Respondent Nos.3 and 4 not to trespass or encroach upon the schedule land adverse to the interest of the petitioen without due process of law;
iii) Pass such other Writ/s or Order/s, which are deemed to be fit in the nature and circumstances of the case, in the interest of justice and equity."
ORDER
representation to respondent No.2 with all the necessary particulars to show that the grant as contended by him was made in his favour and
NC: 2024:KHC:47484 WP No. 20049 of 2024
the same shall be done within a period of two weeks from today and upon receipt of such representation, respondent No.2 shall pass suitable orders within a period of two months thereafter and only after deciding the claim of the petitioner, the land in question shall be considered for allotment for the purpose of respondent Nos.3 and 4.
ii) Accordingly, the writ petition is disposed of .
SD/(M.I.ARUN) JUDGE
PGG List No.: 1 Sl No.: 1
2 issues framed by the court
Whether the Tahsildar could be directed to register khata in the petitioner's name for land granted in 2004.
Whether respondents 3 and 4 should be restrained from encroaching on the schedule land.
1 provisions across 1 enactments
Sri. N.Veeranna
The State of Karnataka, Department of Revenue
The Tahsildar, Devanahalli Taluk
Department of Fisheries
The District Scheduled Castes Welfare Officer
M.I.Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
