Disposed¶37

Smt Sulekhabai v. the State of Karnataka

Karnataka HC24 Mar 2025WP/200775/2025

Case brief

AI extract

What is this about?

Mutation of name; Karnataka Land Revenue Rules, 1966; Record of Rights; Mutation Register; Tahsildar Bidar; sale deed dated 22.02.2002; Document No.3809/2001-2002; Sy.No.85/1AA; Haladkeri (K); mandamus; Articles 226 and 227; WP No.200775 of 2025; Kalaburagi Bench; representation dated 10.03.2025.

What did the court decide?

Mandamus to respondent No.5, Tahsildar, Bidar, to enter the petitioner's name in the Mutation Register and the Record of Rights as per the sale deed dated 22.02.2002 vide Document No.3809/2001-2002 within ten days from receipt of copy of the order, following established procedure and strictly in accordance with law. ¶37

Smt Sulekhabai Vs the 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 a writ of mandamus should be issued directing respondents Nos.2 to 5 to issue a mutation order as per the sale deed dated 22.02.2002 vide Document No.3809/2001-2002 in respect of agricultural land in Sy.No.85/1AA (2 acres out of 4 acres), Haladkeri (K), Tq. & Dist. Bidar. +1 more

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Court's answer

As no reason was shown as to why mutation had not been carried out till then, the Court considered it desirable to direct the respondents to take up the issue immediately.

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Ratio / Principle

A writ of mandamus is issued directing respondent No.5 (Tahsildar, Bidar) to enter the petitioner's name in the Mutation Register and the Record of Rights as per the sale deed dated 22.02.2002 vide Document No.3809/2001-2002 of the office of Sub-Registrar, Bidar, within ten days from receipt of copy of the order, duly following the procedure established and strictly in accordance with law.

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Detailed headnote1 paragraphs

Writ Petition (KLR-RR/SUR) under Articles 226 and 227 of the Constitution of India — mutation of agricultural land — petitioner purchased 2 acres in Sy.No.85/1AA of Haladkeri (K), Tq. & Dist. Bidar, by registered sale deed dated 22.02.2002 vide Document No.3809/2001-2002; though requisite registration and mutation fees were paid and complaints were raised before the Registrar and Tahsildar, mutation was not effected; learned AGA stated the reason for non-mutation was not known; Held: writ petition disposed of with a mandamus to the Tahsildar, Bidar (respondent No.5) to enter the petitioner's name in the Mutation Register and Record of Rights within ten days, duly following procedure established and strictly in accordance with law.

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1 - NC: 2025:KHC-K:1885 WP No. 200775 of 2025

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IN THE HIGH COURT OF KARNATAKA,

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KALABURAGI BENCH

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DATED THIS THE 24^TH DAY OF MARCH, 2025

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BEFORE

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THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION NO.200775 OF 2025 (KLR-RR/SUR)

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BETWEEN:

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SMT. SULEKHABAI W/O KAILASH AGRAWAL, AGED ABOUT 49 YEARS, OCC: AGRICULTURE, NOW RESIDING AT H.NO.1-6-37, ASHWINI COLONY, ZAHIRABAD, TQ. ZAHIRABAD DIST. SANGAREDDY – 502 220.

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…PETITIONER

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(BY SRI. VENKATESH C. MALLABADI, ADVOCATE)

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AND:

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Digitally signed by LUCYGRACE Location: High Court Of Karnataka

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THE STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, REVENUE DEPARTMENT, VIKASA SOUDHA, BENGALURU-560 001.

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THE DEPUTY COMMISSIONER, BIDAR BIDAR–585 401.

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THE SUB-REGISTRAR, BIDAR, BIDAR–585 401.

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2 - NC: 2025:KHC-K:1885 WP No. 200775 of 2025

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THE ASSISTANT COMMISSIONER, BIDAR, BIDAR-585 401.

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THE TASHILDAR, BIDAR, BIDAR-585 401.

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…RESPONDENTS

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(BY SRI. MALLIKARJUN SAHUKAR, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2 TO 5 TO ISSUE MUTATION ORDER AS PER THE SALE DEED DATED 22.02.2002 VIDE DOCUMENT NO.3809/2001-2002 WITH RESPECT TO AGRICULTURE LAND IN SY.NO.85/1AA, MEASURING 2-ACRE, 00-GUNTA; OUT OF TOTAL LAND OF 4-ACRES, SITUATED AT HALADKERI (K), TQ. & DIST. BIDAR, THE COPY OF WHICH IS AT ANNEXURE-A AND ISSUE WRIT IN THE NATURE OF MANDAMUS DIRECTING THE RESPONDENTS NO.2, 4 AND 5 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 10.03.2025, THE COPY OF WHICH IS AT ANNEXURE-C.

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

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CORAM: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA

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ORAL ORDER

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(PER: HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA)

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Heard Sri Venkatesh C. Mallabadi, learned counsel

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for the writ petitioner as well as the learned Additional Government Advocate, who is representing the respondents.

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3 - NC: 2025:KHC-K:1885 WP No. 200775 of 2025

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This writ petition is filed seeking the Court to

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issue a writ in the nature of mandamus directing respondent Nos.2 to 5 to issue mutation order as per the sale deed dated 22.02.2002 vide Document No.3809/2001-2002 of Sub-Registrars Office, Bidar.

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Learned counsel for the writ petitioner submits that the petitioner is the owner of the agricultural land admeasuring 2 Acres in Sy.No.85/1AA of Haladkeri (K) of Bidar District. The petitioner purchased the said land through a registered sale deed dated 22.02.2002 vide Document No.3809/2001-2002. Though requisite fee for registration and mutation was paid, mutation was not effected. The petitioner raised several complaints and approached the concerned Registrar and Tahsildar also. However, mutation was not carried out. Learned counsel states that under the provisions of the Karnataka Land Revenue Rules, 1966, it is the responsibility of the Deputy Commissioner and the Sub-Registrar to

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NC: 2025:KHC-K:1885 WP No. 200775 of 2025

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effectively take up the process of mutation, but it was not done and therefore, this writ petition is filed.

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Learned Additional Government Advocate

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submits that the reason as to why mutation was not effected is not known, however, necessary orders may be passed.

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Having considered justification in the relief sought for and as no reason is shown as to why mutation was not carried out till now, this Court considers desirable to direct the respondents to take up the issue immediately. Thus, the writ petition is disposed of with the following order:

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Writ of mandamus is issued directing

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respondent No.5 i.e., Tahsildar, Bidar to enter the name of the petitioner in the Mutation Register and the Record of Rights as per the sale deed dated 22.02.2002 vide Document No.3809/2001-2002 of the office of Sub-Registrar, Bidar within a period of ten days from the date of receipt of copy of this

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NC: 2025:KHC-K:1885 WP No. 200775 of 2025

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order, duly following the procedure established and

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strictly in accordance with law.

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Sd/(Dr.CHILLAKUR SUMALATHA) JUDGE

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List No.: 1 Sl No.: 32