Disposed¶33

Smt Shantamma v. State of Karnataka

Land Records – Transfer of katha

Karnataka HC6 Aug 2025WP/16887/2025

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Case brief

AI extract

What is this about?

WP 16887/2025 (KLR-RES), Karnataka HC, R Devdas J, 06-08-2025; katha transfer under Karnataka Land Revenue Act 1964 Sections 128 & 129; Tahsildar Doddaballapura Taluk mandamus to decide transfer-of-katha application of purchaser under registered sale deed 20.01.2006 within three months; Tahsildar cannot divert purchaser to Assistant Commissioner; notice to previous khathedar Sri Thontadarya; Articles 226 & 227 writ; disposed with directions.

What did the court decide?

Writ petition disposed of with a specific direction to respondent No.2-Tahasildar, Doddaballapura Taluk, to consider the petitioner's representation and transfer the katha in her favour after issuing notice to the previous kathedar, the exercise to be completed within three months from receipt of a copy of the order. ¶33

Smt Shantamma Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether respondents Nos. 2 and 3 (Tahasildar and Assistant Commissioner) were required to consider and dispose of the petitioner's application/appeal (Annexure-J dated 24.07.2024) for transfer of katha pursuant to her purchase under the registered sale deed dated 20.01.2006, in accordance with law and within a reasonable time. +1 more

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Court's answer

Under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964, where a purchaser acquires the land from the previous kathedar, the Tahsildar is required to consider the purchaser's application (for transfer of katha) within three months from the date of acquisition of the lands by the purchaser.

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Ratio / Principle

The Tahsildar cannot direct the petitioner(s) to approach the Assistant Commissioner for transfer of katha.

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Key takeaways

Respondent No.2-Tahasildar, Doddaballapura Taluk, was directed to proceed to consider the petitioner's representation and, in view of the registered sale deed dated 20.01.2006 by which she acquired title from the previous khathedar Sri. Thontadarya, to transfer the katha in favour of the petitioner after issuing notice to the previous kathedar, completing the entire exercise within three months from the date of receipt of a copy of the order.ratio¶37

Detailed headnote1 paragraphs

Land Records - Transfer of katha - Petitioner purchased property from previous kathedar under registered sale deed dated 20.01.2006 (Annexure-E); Tahasildar did not act on her representations; recent representation (Annexure-J) dated 24.07.2024 addressed to the Assistant Commissioner. Held: under Sections 128 & 129 of the Karnataka Land Revenue Act, 1964, once a purchaser acquires land from the previous kathedar, the Tahsildar must consider the transfer-of-katha application within three months of acquisition, and the Tahsildar cannot direct the purchaser to approach the Assistant Commissioner. Writ petition disposed of with a specific direction to respondent No.2-Tahasildar, Doddaballapura Taluk, to consider the representation and transfer the katha in favour of the petitioner after notice to the previous khathedar (Sri. Thontadarya), the entire exercise to be completed within three months of receipt of a copy of the order. (Single Judge: R Devdas J., 06.08.2025)

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NC: 2025:KHC:30490 WP No. 16887 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF AUGUST, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE R DEVDAS

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WRIT PETITION NO. 16887 OF 2025 (KLR-RES)

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BETWEEN:

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SMT SHANTAMMA W/O LATE GANGAPPA AGED ABOUT 74 YEARS KODIHALLI VILLAGE, MADURE HOBLI, DODDABALAPURA TALUK, BENGALURU RURAL DISTRICT-561203

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…PETITIONER

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(BY SRI. G.B. SHARATH GOWDA., ADVOCATE)

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AND:

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STATE OF KARNATAKA BY KARNATAKA REVENUE DEPARTMENT

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Digitally signed by DHARMALINGAM Location: HIGH COURT OF KARNATAKA

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3RD GATE, 5TH FLOOR, MS BUILDING, DR. AMBEDKAR VEEDI, BENGALURU 560001

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REPRESENTED BY ITS CHIEF SECRETARY

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TAHASILDAR DODDABALLAPURA TALUK BENGALURU RURAL, BENGALURU DISTRICT-561203

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ASSISTANT COMMISSIONER DODDABALLAPURA TALUK BENGALURU RURAL, BENGALURU DISTRICT-561203

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…RESPONDENTS (BY SRI. MOHAMMED JAFFAR SHAH, AGA)

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2 - NC: 2025:KHC:30490 WP No. 16887 of 2025

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HC-KAR

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS. 2 AND 3 TO CONSIDER AND DISPOSE OF THE APPLICATION/APPEAL FILED BY THE PETITIONER, AS REFERRED TO IN ANNEXURE J DATED 24.07.2024, IN ACCORDANCE WITH LAW AND WITHIN A REASONABLE TIME.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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The grievance of the petitioner is that despite the petitioner seeking transfer of katha in her name pursuant to the registered sale deed dated 20.01.2006 at AnnexureE, respondent No.2-Tahsildar has not acted upon the representations given by the petitioner. Learned counsel submits that the recent representation of the petitioner is at Annexure-J dated 24.07.2024 given to the Assistant Commissioner.

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Learned Additional Government Advocate, however, points out to Annexure-J dated 24.07.2024 and submits that the petitioner is claiming to have filed an appeal before the Assistant Commissioner and therefore,

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3 - NC: 2025:KHC:30490 WP No. 16887 of 2025

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HC-KAR

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the petitioner cannot contend or seek a direction at the hands of this Court to the Tahsildar to transfer the katha.

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In the considered opinion of this Court, having regard to the express provisions contained in Sections 128 & 129 of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') since the petitioner has purchased the property from the previous kathedar, such an application filed by the petitioner was required to be considered by the Tahsildar within three months from the date of acquisition of the lands at the hands of the petitioner.

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The Tahsildar cannot direct the petitioners to approach the Assistant Commissioner for transfer of katha.

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In that view of the matter, the writ petition stands disposed of, with a specific direction to

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respondent No.2-Tahsildar, Doddaballapura Taluk, to proceed to consider the representation given by the petitioner and in view of the registered sale deed dated 20.01.2006, under which the petitioner has acquired title

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4 - NC: 2025:KHC:30490 WP No. 16887 of 2025

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HC-KAR

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over the property in question from the previous Khathedar, Sri.Thontadarya, the Tahsildar shall transfer the katha in favour of the petitioner after issuing notice to the previous kathedar. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of three months from the date of receipt of a copy of this order.

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Ordered accordingly.

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Sd/(R DEVDAS) JUDGE

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rv CT:PS

Smt Shantamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt Shantamma v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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