Legal heirs of a deceased landowner sought deletion of a pending-proceedings entry in Column 11 of the RTC and mutation of their names, relying on an unchallenged Special Deputy Commissioner order dropping RRT proceedings. The State agreed to verify heirship and consider their request.
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 29TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.28630 OF 2024 (KLR-RES)
BETWEEN:
Digitally signed by H K HEMA Location: High Court of Karnataka
NC: 2024:KHC:49456 WP No. 28630 of 2024
YELAHANKA, BENGALURU-560 064.
…PETITIONERS
[BY SRI D.R. RAVISHANKAR, SENIOR ADVOCATE (V.C.) FOR SRI C.S. NAGENDRA, ADVOCATE]
AND:
…RESPONDENTS
(BY SMT. B.P. RADHA, AGA)
NC: 2024:KHC:49456 WP No. 28630 of 2024
THIS PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT OF MANDAMUS DIRECTING RESPONDENT NOS.2 AND 3 TO DELETE COLUMN NO.11 OF R.T.C. AT ANNEXURE-"R" ON CONSIDERING THE REPRESENTATION DATED 03.02.2024 AT ANNEXURE-"P" WHEREIN THE PETITIONERS HAVE SOUGHT FOR IMPLEMENTATION OF THE ORDER DATED 16.09.2020 PASSED BY THE SPECIAL DEPUTY COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU DISTIRICT IN R.R.T.(2)(NA)C.R.NO.927/2009-10 AT ANNEXURE-"M" PERTAINING TO LAND BEARING SURVEY NO.* 58 (NOW SY.NO.58/P12) IN BLOCK NO.V, MEASURING 3 ACRES SITUATED AT MARENAHALLI VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, GRANTED TO SRI K.N. LAKSHMINARASIMHAIAH, BY FIXING TIME FRAME, ETC.
LATE
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.I.ARUN
ORAL ORDER
late K.N.Lakshminarasimhaiah, who is said to be the
owner of 3 acres of land in Survey No.58/P12 of
*Corrected vide Court order dated 17.12.2024.
NC: 2024:KHC:49456 WP No. 28630 of 2024
Marenahalli village, Jala Hobli, Bengaluru North Taluk. It is further submitted that the said Lakshminarasimhaiah died on 17.06.2005. Subsequently, the petitioners have requested the authorities concerned to mutate their names in the revenue entries in the place of the said K.N.Lakshminarasimhaiah. However, the State instead of mutating the names of the petitioners, initiated proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964 in R.R.T (2)(NA) C.R 927/2009-2010. The petitioners contested the proceedings and after hearing them, the Special Deputy Commissioner was pleased to drop the proceedings. It is submitted that the said order was passed on 16.09.2020, even then the names of the petitioners did not find a place in the revenue entry and Column 11 of the RTC shows that the proceedings are still pending before the Special Deputy Commissioner, as a result of which, the petitioners are not in a position to enjoy the fruits of the property to the fullest extent. Hence, the present writ petition has been filed with the following prayer:
"Wherefore, the Petitioners most respectfully pray this Hon'ble be pleased to pass an order as hereunder:
a) To issue writ of mandamus directing Respondent No.2 and 3 to delete Column No.11 of R.T.C at Annexure"R" on considering the Representation Dt.03.02.2024 at Annexure-"P" wherein the Petitioners have sought for implementation of the order Dt.16.09.2020 passed by the Special Deputy Commissioner, Bengaluru North SubDivision, Bengaluru District in R.R.T.(2)(NA)C.R.No.927/ 2009-10 at Annexure-"M", pertaining to land bearing Survey No.58 (now Sy.No.58/P12) in Block No.V, measuring 3 Acres situated at Marenahalli Village, Jala Hobli, Bengaluru North Taluk, granted to Late. Sri. K.N.Lakshminarasimhaiah, by fixing time frame.
b) Consequently, issue a mandamus directing Respondent No.2 and 3 to consider the Representation Dt.13.09.2023 at Annexure-"Q" and transfer the Katha from the name of Late. Sri. K.N. Lakshminarasimhaiah to the names of Petitioners.
c) To pass such other orders as this Hon'ble Court deems fit in facts and circumstances of the above petition."
not been challenged by the State so far. She further submits that after verifying the genuineness of the
petitioners being the legal heirs of late
K.N.Lakshminarasimhaiah, the request of the petitioners will be considered. Her submission is placed on record.
ORDER
(i) Respondent nos.2 and 3 are directed to delete the entry in the column 11 of the RTC in respect of the land concerned which shows pending of RRT proceedings, within a period of six weeks from the date of receipt of a certified copy of this order;
(ii) Respondent nos.2 and 3 shall consider the request of the petitioners for treating them as legal heirs of the deceased K.N.Lakshminarasimhaiah in order to enter their names in the revenue records and shall take an appropriate decision within a period of six weeks from the date of receipt of a certified copy of this order;
(iii) The writ petition stands disposed of accordingly.
Sd/(M.I.ARUN) JUDGE
hkh.
2 issues framed by the court
Whether respondents must delete the Column 11 RTC entry showing pending RRT proceedings despite the dropped proceedings of 16.09.2020.
Whether respondents must consider the petitioners as legal heirs of the deceased recorded owner for mutation of revenue records.
2 provisions across 2 enactments
Smt. Indira W/o Late Sri K.N. Lakshminarasimhaiah
Sri K.L. Chandrakanth S/o Late Sri K.N. Lakshmianarasimhaiah
Sri K.L. Lakshmikantha S/o Late Sri K.N. Lakshminarasimhaiah
Sri K.L. Shreenevasa S/o Late Sri K.N. Lakshminarasimhaiah
Sri K.L. Muralidhar S/o Late K.N. Lakshminarasimhaiah
The State of Karnataka Revenue Department, represented by Principal Secretary
M.I. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
