Malan Bee Vs the Regional Commissioner — Writ and Judicial Review | Karnataka HC (2025)

Malan Bee Vs the Regional Commissioner — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Directions issued to Respondent No.3 (Tahasildar, Kamalapur) to consider the representations at Annexures H, J and K in accordance with law and pass appropriate orders, after issuing notice to Hajira bee wife of Chand Patel (co-right-holder in Sy No.147/1, Kumasi Village, Taluk Gulbarga), with the entire exercise to be completed within three months; the court expressed nothing on the merits.

Issue for consideration

Whether the respondents are to be directed to consider the petitioners' representations and mutate their names in the R.O.R. in respect of land Sy.No.147/1 to the extent of 4 acres 01 gunta as per the decree in O.S. No.229/1997.

Court's answer

Respondent No.3 shall consider the representations at Annexures H, J and K in accordance with law, and pass appropriate orders.

Ratio / Principle

Before passing any orders on the said application, respondent No.3 - Tashildar is directed to issue notice to Hajira bee wife of Chand Patel, who is also having right in Sy No.147/1 of Kumasi Village, Taluk Gulbarga.

Key takeaways

The court has not expressed anything on the merits of the matter.ratio¶41
The exercise (consideration of the representations and passing of orders) shall be completed within three months from today.ratio¶42

Detailed headnote1 paragraphs

WRIT PETITION (KLR-RR/SUR) UNDER ARTICLES 226 AND 227 — Mutation of R.O.R. — Petitioners sought mandamus to consider their representations and mutate their names in the R.O.R. in respect of Sy.No.147/1 measuring 4 acres 01 gunta pursuant to the compromise decree in O.S. No.229/1997 (Prl. Civil Judge (Senior Division), Gulbarga), under which 4 acres 1 gunta was allotted to the husband of petitioner No.1/father of petitioners Nos.2 and 3 and 07 acres 01 gunta in Sy No.147 to Sri Chand Bibi; representations dated 03.09.2023, 04.11.2024 and 01.02.2022 were allegedly not considered — HELD: Without expressing anything on the merits, Respondent No.3-Tahasildar (Kamalapur) directed to consider the representations at Annexures H, J and K in accordance with law and pass appropriate orders, after issuing notice to Hajira bee wife of Chand Patel, who also has right in Sy No.147/1 of Kumasi Village, Taluk Gulbarga; exercise to be completed within three months.

1 - NC: 2025:KHC-K:1515 WP No. 200646 of 2025

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 7^TH DAY OF MARCH, 2025

BEFORE

THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE

WRIT PETITION NO. 200646 OF 2025 (KLR-RR/SUR)

BETWEEN:

MALAN BEE W/O SYED RIYAZ, AGED ABOUT 54 YEARS, OCC: AGRICULTURE R/O HAJI COMMITTEE NAYA MOHALLA MIJGORI ROAD, KALABURAGI - 585 104.

SYED SHAKEEL AHMED S/O SYED RIYAZ AGED ABOUT 38 YEARS R/O: HAJI COMMITTEE NAYA MOHALLA, MIJGORI ROAD, KALABURAGI - 585 104.

Digitally signed by BASALINGAPPA SHIVARAJ DHUTTARGAON Location: HIGH COURT OF KARNATAKA

SYED AQUEEL S/O SYED RIYAZ AGED ABOUT 33 YEARS R/O: HAJI COMMITTEE NAYA MOHALLA MIJGORI ROAD, KALABURAGI - 585 104.

…PETITIONERS

(BY SRI RAMCHANDRA K, ADVOCATE FOR SRI GURUBASAVA NAYAK, ADVOCATES)

AND:

THE REGIONAL COMMISSIONER KALABURAGI- 585 102.

2 - NC: 2025:KHC-K:1515 WP No. 200646 of 2025

THE DEPUTY COMMISSIONER KALABURAGI- 585 102.

THE TAHASILDAR KAMALAPUR,

TALUKA KAMALAPUR PIN - 585 313.

THE REVENUE INSPECTOR AURAD (B) TALUKA KAMALAPUR, DISTRICT KALABURAGI PIN - 585 212.

THE VILLAGE ACCOUNTANT KUMASI VILLAGE PIN- 585 104.

…RESPONDENTS

(BY SRI MALLIKARJUN SAHUKAR, A.G.A.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO, ISSUE WRIT OF MANDAMUS OR DIRECTIONS TO THE RESPONDENTS TO CONSIDER THE REPRESENTATION AND MUTATE THEIR NAMES IN THE R.O.R INRESPECT OF LAND SY.NO.147/1 TO THE EXTENT OF 4 ACRES 01 GUNTA AS PER DECREE IN O.S. NO.229/1997 IN THE INTEREST OF JUSTICE AND ETC.

THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE ORAL ORDER

(PER: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE)

Learned counsel for the petitioner submits that there was

a compromise in O.S No.229/1997 on the file of Prl. Civil Judge (Senior Division), Gulbarga between the petitioner’s father and one Smt. Hajira bee wife of Sri Chand Patel.

3 - NC: 2025:KHC-K:1515 WP No. 200646 of 2025

It is his submission that in terms of the said settlement, a decree is passed and 4 acres 1 gunta is allotted to the share of husband of petitioner No.1 and father of petitioners No.2 and 3. It is further stated that 07 acres 01 gunta in Sy No.147 is allotted to share of Sri Chand Bibi.

Learned counsel further submits that the petitioner have submitted representation dated 03.09.2023, 04.11.2024 and 01.02.2022, to effect changes in the property records pursuant to the decree. This is further submissions that representations are not considered.

Learned Additional Government Advocate submits

that the representations would be considered in accordance with law.

Hence the following

ORDER

i) Respondent No.3 shall consider the representation at Annexures H, J and K in accordance with law, and pass appropriate orders.

4 - NC: 2025:KHC-K:1515 WP No. 200646 of 2025

ii) Before passing any orders on the said application, the respondent No.3 - Tashildar is directed to issue notice to Hajira bee wife of Chand Patel who is also having right in Sy No.147/1 of Kumasi Village, Taluk Gulbarga.

iii) It is made clear that this court has not expressed anything on the merits of the matter.

iv) This exercise shall be completed within three months from the today.

Sd/(ANANT RAMANATH HEGDE) JUDGE

THM

List No.: 2 Sl No.: 31