Sri Bogaiah Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

Sri Bogaiah Vs the State of Karnataka — Writ and Judicial Review | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Effectively a writ of mandamus: respondent No.2-Tahsildar directed to consider the petitioner's representation dated 09.01.2025 (Annexure-C); he may require the petitioner to furnish information and verify records; if the grant of 1 Acre 20 Guntas in Sy.No.36 of Kempadyapanhalli Village is found, the petitioner is to be called upon to pay the kimath; if the kimath is already paid, the Grant Certificate/Saguvali Chit is to be issued; the entire exercise to be completed within three months from receipt of a copy of the order. Pending I.As., if any, stand disposed of.

Issue for consideration

Whether respondent No.2-Tahsildar, Ramanagara Taluk, should be directed to consider the petitioner's representation dated 09.01.2025 (Annexure-C) to receive the calculated premium/kimath and issue the Grant Certificate/Saguvali Chit in respect of the granted land.

Court's answer

Respondent No.2-Tahsildar, Ramanagara Taluk, is duty bound to consider the petitioner's representation for issuance of Grant Certificate/Saguvali Chit.

Ratio / Principle

In considering the representation, the Tahsildar may call upon the petitioner to furnish any required information, verify the same from the records, and if he finds that the petitioner was in fact granted 1 Acre and 20 Guntas of land in terms of the Official Memorandum, he is to call upon the petitioner to pay the kimath.

Key takeaways

If the petitioner has already paid the kimath, the Tahsildar has to proceed to issue the Grant Certificate/Saguvali Chit.ratio¶32
The entire exercise shall be completed as expeditiously as possible and at any rate within three months from the date of receipt of a copy of the order.ratio¶33

Detailed headnote1 paragraphs

Land grant – Premium/kimath – Petitioner granted 1 Acre and 20 Guntas in Sy.No.36 of Kempadyapanhalli Village, Bidadi Hobli, Ramanagara Taluk, under an Official Memorandum; premium/kimath remained unpaid due to ignorance and the Tahsildar refused to receive it when tendered; representation dated 09.01.2025 (Annexure-C) filed before the Tahsildar. Held: respondent No.2-Tahsildar, Ramanagara Taluk, is duty bound to consider the representation for issuance of Grant Certificate/Saguvali Chit; he may call upon the petitioner to furnish information and verify records; if the grant is found in terms of the Official Memorandum, the petitioner is to be called upon to pay the kimath; if the kimath is already paid, the Tahsildar is to proceed to issue the Grant Certificate/Saguvali Chit; the entire exercise to be completed within three months from receipt of a copy of the order. Writ petition (under Articles 226 and 227, Constitution of India) disposed of; pending I.As. disposed of. (Single Judge, Oral Order.)

1 -

NC: 2025:KHC:34694 WP No. 2827 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3^RD DAY OF SEPTEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE R DEVDAS WRIT PETITION NO. 2827 OF 2025 (KLR-RES)

BETWEEN:

SRI. BOGAIAH, S/O LATE PUTTABASAVAIAH, AGED ABOUT 68 YEARS, RESIDING AT GANAKALLU, BIDADI HOBLI, RAMANGARA, TALUK AND DISTRICT.

…PETITIONER

(BY SRI. GEETHA A., ADVOCATE)

AND:

Digitally signed by KRISHNAPPA LAXMI YASHODA

Location: HIGH COURT OF KARNATAKA

THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M. S. BUILDING, BANGALORE – 560 001.

THE TAHSILDAR RAMANAGARA TALUK RAMANAGARA DISTRICT – 562 159

…RESPONDENTS

(BY SRI. MOHAMMED JAFFAR SHAH, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT NO.2 TO ISSUE ENDORSEMENT TO PAY THE CALCULATED ‘PREMIUM’ IN RESPECT OF THE LAND IN QUESTION BY CONSIDERING THE REPRESENTATION DATED 09.01.2025 GIVEN TO THE RESPONDENT NO.2 VIDE ANNEXURE-C AND ETC.

2 -

NC: 2025:KHC:34694 WP No. 2827 of 2025

HC-KAR

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

CORAM: HON'BLE MR. JUSTICE R DEVDAS

ORAL ORDER

Learned Counsel for the petitioner submits that the petitioner was granted 1 Acre and 20 Guntas of land in Sy.No.36 of Kempadyapanhalli Village, Bidadi Hobli, Ramanagara Taluk, and District. Prior to that the petitioner was called upon to pay the requisite premium/ kimath. However, it is contended that due to ignorance, the petitioner, did not pay the premium/kimath. However, the petitioner thereafter approached the Tahsildar seeking permission to pay the premium/kimath, but the Tahsildar refused to receive the same. The petitioner has given representation dated 09.01.2025 at Annexure-C, to the Tahsildar, Ramanagara Taluk. The petitioner is seeking a writ of mandamus directing respondent-Tahsildar, Ramanagara Taluk, to consider the representation at

3 - NC: 2025:KHC:34694 WP No. 2827 of 2025

HC-KAR

Annexure-C to receive the premium/kimath and for the issuance of a Saguvali Chit.

Having heard the learned Counsel for the

petitioner and having perused the petition papers, this Court finds that respondent No.2-Tahsildar, Ramanagara Taluk, is duty bound to consider the representation given by the petitioner for issuance of Grant Certificate/Saguvali Chit. Needless to observe that the Tahsildar may call upon

the petitioner to furnish any required information, verify the same from the records, and if the Tahsildar finds that the petitioner was in fact granted 1 Acre and 20 Guntas of land in terms of the Official Memorandum, call upon the petitioner to pay the kimath. On the other hand, if the petitioner has already paid the kimath, then the Tahsildar has to proceed to issue the Grant Certificate/Saguvali Chit.

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.

4 -

NC: 2025:KHC:34694 WP No. 2827 of 2025

HC-KAR

With these observations, the writ petition stands

disposed of.

Pending I.As., if any stand disposed of.

Sd/(R DEVDAS) JUDGE

DL

List No.: 2 Sl No.: 6