Court allowed the writ petition. Directed the Tahasildar to obtain Assistant Commissioner's approval for rectifying land record extent mismatches based on a registered sale deed within eight weeks.
Writ petition allowed; Respondent No.2 directed to seek Assistant Commissioner's approval and pass orders on the representation within eight weeks.
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NC: 2024:KHC:35523 WP No. 23867 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.23867 OF 2024 (KLR-RES)
BETWEEN:
SRI.H VENKATESH REDDY S/O LATE HANUMAPPA REDDY AGED 62 YEARS NO.47/1A, LHR LAYOUT NEAR NV HOSPITAL GOVINDA SHETTY PALYA ELECTRONIC CITY POST BENGALURU - 506 100 (SENIOR CITIZEN BENEFITS NOT CLAIMED)
REPRESENTED BY HIS GPA HOLDER SMT.CHAMPA V D/O H.VENKATESH REDDY NO.47/1A, LHR LAYOUT NEAR NV HOSPITAL Digitally signed GOVINDA SHETTY PALYA by CHAITHRA A Location: HIGH ELECTRONIC CITY POST COURT OF BENGALURU - 506100 KARNATAKA
…PETITIONER
(BY SRI.YASHWANTH C.R., ADVOCATE FOR SRI.VINOD KUMAR K, ADVOCATE)
AND:
NC: 2024:KHC:35523 WP No. 23867 of 2024
DEPARTMENT OF REVENUE BENGALURU - 560 001
…RESPONDENTS
(BY SMT.B.P.RADHA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION DTD 12.08.2024 AT ANNX-B THEREBY DIRECTING THE R-2 TO RECTIFY THE MISMATCH OF COLUMN NO.03 AND 09 OF THE RTC OF SY.NO.47/1A OF KONAPPANA AGRAHARA VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK, BENGALURU WITHIN A TIME FRAME AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
Learned AGA is directed to accept notice for
respondents.
2. The captioned writ petition is filed seeking
mandamus against respondent No.2 – Tahasildar to rectify
the extents indicated in column Nos.3 and 9 of the RTC of Sy. No.47/1A of Konappana Agrahara Village, Begur Hobli, Bengaluru South Taluk. The petitioner is asserting title to an extent of 2 acres 13 guntas, which is based on the registered sale deed.
3. Though representation is submitted by the petitioner on 12.08.2024, which is evidenced at Annexure-B, there is complete laxness on the part of respondent No.2 in not bringing or aligning the extents in the RTC in terms of the measurements/extents indicated in the registered sale deed.
4. Learned AGA would submit to this Court that when there is mismatch in column Nos.3 and 9, the rectification is permissible subject to approval by the Assistant Commissioner.
5. Recording the submission made by the learned AGA, this Court proceeds to pass the following;
NC: 2024:KHC:35523 WP No. 23867 of 2024
ORDER
(ii) Respondent No.2 shall seek necessary approval from the Assistant Commissioner and pass appropriate orders on the representation dated 12.08.2024 vide Annexure –B.
(iii) This exercise shall be accomplished by respondent No.2 – Tahasildar within a period of eight weeks from the date of receipt of certified copy of this order.
SD/(SACHIN SHANKAR MAGADUM) JUDGE
NBM
List No.: 1 Sl No.: 40
3 issues framed by the court
Whether the writ petition seeking mandamus to rectify land records extents is maintainable before the registrar.
Whether the Tahasildar is directed to align registry map extents with registered sale deed measurements.
Whether the High Court can direct a specific time frame for rectification of records.
1 provisions across 1 enactments
SRI.H VENKATESH REDDY
THE TAHSILDAR
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
