Sri K S Basavaraju Vs the State of Karnataka

SRI K S BASAVARAJU S/O LATE SIDDAIAH, AGED ABOUT 57 YEARS, TOTADA MANE, KITTHAGANAHALLI VILLAGE, GULURU HOBLI, TUMKUR TALUK, TUMAKURU DISTRICT - 572118

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…PETITIONER

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(BY SRI. RUPESH KUMAR S., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REP. BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, M. S. BUILDING, BENGALURU - 560 001.

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Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA

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THE ASSISTANT COMMISSIONER, OFFICE OF THE ASSISTANT COMMISSIONER, TUMKUR SUB-DIVISION, TUMAKURU DISTRICT -572101.

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THE TAHSILDAR, TUMKUR TALUK, TUMAKURU DISTRICT, - 572101

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…RESPONDENTS

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(BY SRI.V.SESHU., HCGP)

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NC: 2025:KHC:33339 WP No. 25718 of 2025

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HC-KAR

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER WRIT OR DIRECTION THEREBY DIRECTING THE 3^RD RESPONDENT TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 21.08.2024 PRODUCED AT ANNEXURE-E AND CONSEQUENTLY RECORD THE KHATA AND ISSUE RTC AND MUTATION IN THE NAME OF THE PETITIONER AS PER THE SALE DEED DATED 19.03.1980 AND ETC.

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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 MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned High Court Government Pleader takes notice for all the respondents.

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The grievance of the petitioner is that although directions are issued by the 2^nd respondent-Assistant Commissioner, Tumkur Sub-Division, as can be seen at Annexure-D dated 28.05.2024 that the 3^rd respondentTahsildar, Tumkur Taluk, shall consider the representation given by the petitioner and enter the name of the

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3 - NC: 2025:KHC:33339 WP No. 25718 of 2025

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HC-KAR

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petitioner on the strength of a registered sale deed dated 19.03.1980 wherein the petitioner's father purchased the land in question, the Tahsildar has not acted in terms of the orders/directions issued by the Assistant

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Commissioner.

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Learned Counsel for the petitioner submits that on 15.10.1974 one Sri.Marisiddaiah S/o Hosomane Ramaiah purchased the land in question from one Sri.Chikkaswamaiah. The petitioner’s father-Sri.Siddaiah purchased the land from Sri.Marisiddaiah under a registered sale deed dated 19.03.1980. Learned Counsel submits that the RTC still continues to stand in the name of Sri.Chikkaswamaiah’s children.

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Accordingly, the writ petition stands disposed of

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with a specific direction to the 3^rd respondent-Thasildar, Tumkur Taluk, to issue notice to all concerned whose

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names are reflected in the RTC at present and thereafter proceed to consider the representation given by the petitioner to enter his name in the revenue records

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4 - NC: 2025:KHC:33339 WP No. 25718 of 2025

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HC-KAR

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pursuant to the registered sale deed dated 19.03.1980 where the petitioner’s father purchased the land in question. In terms of Sections 127, 128 and 129 of the Karnataka Land Revenue Act, 1964, the Tahsildar shall proceed to issue notice to the Khathedars and thereafter, proceed in terms of the said provisions having regard to the registered instrument under which the petitioner claims title over the property in question. If the Tahsildar is convinced that the petitioner is the only legal heir of late Sri.Siddaiah, he may proceed to enter the name of the petitioner in the revenue records. On the other hand, if late Sri.Siddaiah has left behind any other legal heir, then notice will have to be issued to those persons also and thereafter, the Tahsildar shall proceed to pass necessary orders in accordance with law. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of 3 months from the date of receipt of a copy of this order.

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Ordered accordingly.

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