SMT. FARIDA BEGUM v. THE TAHSILDAR

(BY SRI. PRATHEEP.K.C, ADVOCATE) …PETITIONER JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA AND:

THE TAHSILDAR BANGALORE NORTH TALUK, YALAHANKA BENGALURU RURAL DISTRICT – 560 064.

DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT BANGALORE – 560 064. (BY SMT. B P RADHA, AGA) …RESPONDENTS - 2 - NC: 2026:KHC:17568 WP No. 2717 of 2026 C/W WP No. 2839 of 2026 HC-KAR THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO MUTATE THE KATHA IN THE NAME OF PETITIONER IN RESPECT OF LAND IN SY. NO. 113/3 AT MEASURING ABOUT HOBLI, YALAHANKA SINGANAYAKANAHALLI BANGALORE NORTH TALUK, BANGALORE AND ETC., SITUATED VILLAGE, ACRE 1 IN WP NO. 2839/2026 BETWEEN: SMT. FARIDA BEGUM W/O. LATE MOHAMMAD YUSUF AGED ABOUT 52 YEARS R/AT SINGANAYAKANAHALLI VILLAGE YALAHANKA HOBLI, BENGALURU NORTH BANGALORE – 560 071. (BY SRI. PRATHEEP.K.C, ADVOCATE) AND:

1. THE TAHSILDAR BANGALORE NORTH TALUK YALAHANKA BENGALURU RURAL DISTRICT – 560 064.

2. DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT BANGALORE – 560 064. (BY SRI. B P RADHA, AGA) ...PETITIONER ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO MUTATE THE KATHA IN THE NAME OF PETITIONER IN RESPECT OF LAND IN SY. NO. 113/3 - 3 - NC: 2026:KHC:17568 WP No. 2717 of 2026 C/W WP No. 2839 of 2026 HC-KAR MEASURING ABOUT 1 ACRE SITUATED AT SINGANAYAKANAHALLI VILLAGE, YALANHANKA HOBLI, BANGALORE NORTH TALUK, BANGALORE AND ETC., THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R DEVDAS ORAL ORDER The petitioners are seeking a writ of mandamus directing the first respondent-Tahsildar, Bengaluru North Taluk, to comply with the directions issued by the Special Deputy Commissioner-1, Bengaluru North Sub-Division, in proceedings bearing No.RRT(2)/N/A/CR/144/2009-10 in W.P.No.2717/2026 and RRT(2)/N/A/CR/145/2009-10 in W.P.No2839/2026 both dated 29.08.2016 at Annexure ‘A’.

2. Learned counsel for the petitioners submits that at the instance of the first respondent-Tahsildar, proceedings were initiated by the Special Deputy Commissioner, invoking suo motu powers conferred under Section 136 (3) of the Karnataka Land Revenue Act, 1964. It was the contention of the Tahsildar that the mutation entries are - 4 - NC: 2026:KHC:17568 WP No. 2717 of 2026 C/W WP No. 2839 of 2026 HC-KAR illegal, fraudulent, there being no grant made in favour of Sri Chikka Muthurayappa. However, the Special Deputy Commissioner, after perusing the original records found that there are sufficient materials available to show that as far back as 1937-38, land measuring 5 acres in Survey No.113/3 was granted favour of Sri Chikka Muthurayappa, S/o Chikkamathappa Singanayakanahalli. The order was passed by the then Assistant Commissioner, Bengaluru, vide order bearing No.4/772/37-38 dated 25.11.1937. Saguvali chit was also issued in favour of the grantee. The RTCs reflected the name of the original grantee from the year 1938 upto 1972 and thereafter the names of the successors-in-title are reflected in the RTC. A judgment and decree is also passed by the City Civil Court, Bengaluru in O.S. No. 3635/1995 and accordingly the revenue entries have been mutated in terms of the compromise decree passed by the competent Civil Court. The Special Deputy Commissioner therefore held that there is no substance in the allegation - 5 - NC: 2026:KHC:17568 WP No. 2717 of 2026 C/W WP No. 2839 of 2026 HC-KAR made by the Tasildar. Accordingly, directions were issued to the Tahsildar to take action to enter the name of the petitioner in W.P.No.2717/2026 and his brother in the revenue records in respect of 1 acre of land in Survey No.113/3 of Singanayakanahalli Village, Yelahanka Hobli, Bengaluru North Taluk.

Learned counsel submits that the Tahsildar has proceeded to enter the names of the petitioner and his brother in the computerized RTC in terms of the orders passed by the Special Deputy Commissioner, showing the mutation entries in terms of M.R.No.8/1997-98 in column No.10. However, the directions issued by the Special Deputy Commissioner to conduct pucca phodi has not been complied by the Tahsildar.

At this juncture, learned AGA submits that it is beyond the powers of the Special Deputy Commissioner to have issued such a direction for pucca phodi.

However, having regard to the manner in which the petitioners have been treated, and in exercise of the - 6 - NC: 2026:KHC:17568 WP No. 2717 of 2026 C/W WP No. 2839 of 2026 HC-KAR extraordinary writ jurisdiction of this Court, respondent-Tahsildar and the jurisdictional Additional Director of Land Records are hereby directed to proceed to conduct the pucca phodi proceedings in terms of the decree passed by the Civil Court in O.S.No.3635/1995. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order. Sd/- (R DEVDAS) JUDGE JT/- CT:KA