STATE OF KARNATAKA v. SRI. V. CHITTIBABU
Case at a glance
Provisions considered
- Karnataka Land Revenue Act, 1964 ss. 128, 129
Judgment
THE HON'BLE MR. JUSTICE T.M.NADAF WRIT APPEAL NO. 662 OF 2026 (KLR-RES) BETWEEN:
STATE OF KARNATAKA, THROUGH ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, M.S BUILDING, BENGALURU - 560 001.
THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, KANDAYA BHAVAN, D.C OFFICE, K.G ROAD, BENGALURU - 560 009.
THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVAN, D.C OFFICE, K.G ROAD, BENGALURU - 560 009.
THE SPECIAL TAHSILDAR, BENGALURU SOUTH TALUK, KANDAYA BHAVANA, K.G ROAD, BENGALURU - 560 009. Digitally signed by REKHA R Location: High Court of Karnataka (BY SRI. MOHAMMED JAFFAR SHAH, AGA) …APPELLANTS - 2 - NC: 2026:KHC:16991-DB WA No. 662 of 2026 HC-KAR AND: SRI. V. CHITTIBABU, S/O SRI. VARADARAJULU NAIDU, AGED ABOUT 57 YEARS, R/AT NO. 18, B.K COMPLEX, 21ST MAIN ROAD, B.S.K II STAGE, BDA COMPLEX, BENGALURU - 560 070. …RESPONDENT (BY SRI.GANESHA P., ADVOCATE FOR C/R1) THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR RECORDS ON WP No. 33299/2024 (KLR-RES), AND SET ASIDE THE ORDER DATED:12.02.2025, THEREIN, THE SAID WRIT PETITION BE DISMISSED, TO MEET THE ENDS OF JUSTICE AND ETC. THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE D K SINGH HON'BLE MR. JUSTICE T.M.NADAF ORAL JUDGMENT (PER: HON'BLE MR. JUSTICE D K SINGH) The present intra Court appeal has been filed impugning the judgment dated 12.02.2025 passed by the writ Court in W.P.No.33299/2024. The writ petition was - 3 - NC: 2026:KHC:16991-DB WA No. 662 of 2026 HC-KAR instituted by the respondent praying for a direction to the revenue authorities to effect the Khata in his name in respect of the land measuring 4 acres in Sy.No.7 situated at Hosakerehalli Village, Uttarahalli Hobli, Bengaluru South Taluk by considering the representation dated 25.09.2024.
2. The said land was acquired by the petitioner through registered sale deed dated 12.06.2024. The petitioner made an application for effecting the Khata in his name on the basis of the registered sale deed. The Tahsildar, who has statutory duty under Sections 128 and 129 of the Karnataka Land Revenue Act, 1964 to promptly update the record of rights and reflect the change of ownership, as indicated in the registered conveyance deed, did not take action, despite the representation made by the petitioner.
3. Since, statutory authority was not performing their statutory duty, petitioner had filed the writ petition seeking a writ of mandamus. The learned - 4 - NC: 2026:KHC:16991-DB WA No. 662 of 2026 HC-KAR Single Judge after noting the conduct of Tahsildar and the provisions of Section 128 and 129 of the Karnataka Land Revenue Act, 1964, has allowed the writ petition and directed the Tahsildar to effect Khata in name of the petitioner on the basis of the registered said deed and has also imposed cost of Rs.10,000/- on the Tahsildar.
4. We do not find that the imposition of the cost on Tahsildar require any interference wherein he deliberately did not perform his statutory duty, and therefore, we dismiss this appeal, however, without cost. In view of the dismissal of the appeal, pending I.A., if any, does not survive for consideration and the same is disposed of. Sd/- (D K SINGH) JUDGE Sd/- (T.M.NADAF) JUDGE RR List No.: 1 Sl No.: 10 ct-vn
Precedent status how later indexed judgments have treated this case
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