The State of Karnataka Vs Aklim Ur Rehman

THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE, PASSED IN WP No. 9823/2023 DATED 06.12.2023 AND DISMISS THE WRIT PETITION, IN THE INTEREST OF JUSTICE AND EQUITY.

¶36

THIS APPEAL, COMING ON FOR ORDERS THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶37

CORAM: HON'BLE MR. JUSTICE D K SINGH and

¶38

HON'BLE MR. JUSTICE T.M.NADAF

¶39

3 -

¶40

NC: 2026:KHC:21278-DB WA No. 1748 of 2025

¶41

HC-KAR

¶42

ORAL JUDGMENT

¶43

(PER: HON'BLE MR. JUSTICE D K SINGH)

¶44

The present intra Court appeal has been filed impugning the judgment and order dated 06.12.2023, passed by the learned Single Judge in W.P.No.9823/2023 (KLR-RES), filed by the respondent herein.

¶45

The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

¶46

The petitioner had filed the writ petition impugning the endorsement dated 11.01.2022 passed by the Tahsildar, Magadi Taluk, Ramanagara District, whereby petitioner's land in Survey No.58/7, measuring 1 acre 32 guntas of land, situated at Neralekere Village, Tippasandra Hobli, Magadi Taluk, was declared as `Sarkari Pada'.

¶47

The endorsement dated 11.01.2022 was passed on the ground that the petitioner has not deposited the land revenue.

¶48

The learned Single Judge having considered the said fact, has allowed the writ petition and the endorsement dated 11.01.2022, passed by the Tahsildar, has been set aside and direction had been given to the petitioner to pay the arrears of

¶49

4 - NC: 2026:KHC:21278-DB WA No. 1748 of 2025

¶50

HC-KAR

¶51

land revenue within a period of two months from the date of receipt of the certified copy of the order and the Tahsildar shall collect the land revenue and thereafter, pass necessary orders cancelling the forfeiture.

¶52

Sri Mohammed Jaffar, learned AGA does not dispute the fact that the only basis on which the endorsement dated 11.01.2022 impugned in the writ petition was passed, was for non-payment of the land revenue.

¶53

Therefore, we do not find much substance in this writ appeal. However, we direct the petitioner to produce the records pertaining to his ownership in respect of the land in question and make payment of the land revenue along with interest at the rate of 10% p.a. from the due date till the date of payment within two months.

¶54

This order shall be communicated by the Tahsildar himself to the respondent to appear and produce the records of his ownership. We direct the respondent to appear before the Tahsildar on 08.06.2026 .

¶55