Dismissed¶¶31

Smt. Ramijabi v. State of Karnataka

Karnataka HC10 Jul 2026WP/16694/2022

Case brief

AI extract

What is this about?

Pavathi Khata; land revenue non-payment; non-possession; delay and laches (over three decades); father's application rejected in LRT.CR.01/1974-75 by order dated 08.01.1976; revenue hierarchy orders challenged: Tahsildar LND(2)CR.44/98-99 (30.10.2004, Annexure-J), Assistant Commissioner R.A.60/2019 (03.08.2020, Annexure-L), Deputy Commissioner R.Mis.359/2020 (11.07.2022, Annexure-Q); Survey No.81, 12 acre 8 guntas, Bannur/Essur Village, Kasaba Hobli, Shikaripura Taluk, Shivamogga District; writ petition under Articles 226 and 227 dismissed.

What did the court decide?

The application of the petitioner's father Budan Sab was rejected by order dated 08.01.1976 in Case No.LRT.CR.01/1974-75; he died on 02.03.1989; and the petitioner sought Pavathi Khata in respect of the subject land only after an inordinate delay of more than three decades.

Smt. Ramijabi Vs State of Karnataka — Writ and Judicial Review | Karnataka HC (2026)

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1 - NC: 2026:KHC:34997 WP NO.16694 OF 2022

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 10^TH DAY OF JULY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE E.S. INDIRESH WRIT PETITION NO.16694 OF 2022 (KLR-RR/SUR)

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BETWEEN:

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SMT. RAMIJABI D/O BUDAN SAB, W/O LATE ALLI SAB, AGED ABOUT 70 YEARS, R/O ESSUR VILLAGE, ANJANAPURA HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT - 577 214.

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…PETITIONER

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(BY SRI. RAJASHEKHARA K., ADVOCATE)

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AND:

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

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Digitally signed by CHAYA S A Location: HIGH COURT OF KARNATAKA

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THE TAHSILDAR SHIKARIPURA TALUK, SHIKARIPURA, SHIVAMOGGA DISTRICT - 577 427.

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THE ASSISTANT COMMISSIONER SAGARA SUB-DIVISION, SAGARA - 577 427.

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THE DEPUTY COMMISSIONER SHIVAMOGGA DISTRICT, SHIVAMOGGA - 577 214.

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…RESPONDENTS

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(BY SRI. HARISH A.S., AGA)

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NC: 2026:KHC:34997 WP NO.16694 OF 2022

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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 QUASH THE ORDER DTED 30^TH OCTOBER, 2004 PASSED BY THE RESPONDENT NO.2 IN CASE NO.LND(2)CR.44/98-99 VIDE ANNEXURE-J; ORDER DATED 03^RD AUGUST, 2020 PASSED BY THE RESPONDENT NO.3 IN CASE NO.R.A.60/2019 VIDE ANNEXURE-L AND ORDER DATED 11^TH JULY, 2022 PASSED BY THE RESPONDENT NO.4 IN CASE NO.R.MIS.359/2020 VIDE ANNEXURE-Q; DIRECT THE RESPONDENTS TO MAKE PAVATHI KHATHA IN FAVOUR OF THE PETITIONER IN RESPECT OF LAND BEARING SURVEY NO.81, MEASURING 12 ACRE 08 GUNTAS SITUATED AT BANNUR/ESSUR VILLAGE, KASABA HOBLI, SHIKARIPURA TALUK, SHIVAMOGGA DISTRICT; AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this petition, the petitioner is challenging the order dated 11^th July, 2022 (Annexure-Q) passed by the respondent No.4 in Case No.R.Mis.359/2020; order dated 03^rd August, 2020 (Annexure-L) passed by the respondent No.3 in Case No.R.A.60/2019; and order dated 30^th October, 2004 (AnnexureJ) passed by the respondent No.2 in Case No.LND(2)CR.44/9899; inter alia sought for a direction to the respondents to make Pavathi Khata in favour of the petitioner in respect of land bearing Survey No.81 measuring 12 acre 8 guntas situate at Bannur/Essur Village, Kasaba Hobli, Shikaripura Taluk, Shivamogga District.

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NC: 2026:KHC:34997 WP NO.16694 OF 2022

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HC-KAR

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Heard Sri. Rajashekhar K., learned counsel appearing for the petitioner and Sri. Harish A.S., learned Additional Government Advocate appearing for respondents.

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Having heard the learned counsel appearing for the parties and on perusal of the finding recorded by the respondent No.4-Deputy Commissioner in the impugned order dated 11^th July, 2022 (Annexure-Q) passed in R.Misc.59/2020, it is forthcoming that, order dated 08^th January, 1976 was passed rejecting the application made by the father of the petitioner viz., Budan Sab in case No.LRT.CR.01/1974-75. It is also forthcoming that the said Budan Sab died on 02^nd March, 1989 and after an inordinate delay of more than three decades, the petitioner is seeking Pavathi Khata in respect of the subject land. In that view of the matter, the finding recorded by the respondent-Authorities that the petitioner has not paid any land revenue and not in possession in respect of the subject land is just and proper. Therefore, I do not find any merit in the writ petition. Accordingly, writ petition is dismissed.

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SD/(E.S. INDIRESH) JUDGE

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ARK List No.: 1 Sl No.: 16

Smt. Ramijabi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Smt. Ramijabi v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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