Writ Petition No. 12480 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:1452 WP No. 12480 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 12480 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SMT. MANJULA N.R. D/O. LATE SMT. SITAMMA RAMAIAH, AGED ABOUT 60 YEARS, R/AT ECHIKERE VILLAGE, AMBEDKAR NAGARA, WARD NO.7, NARASIMHARAJU POST, CHIKAMANGALURU DISTRICT - 577134 2. SHRI. DAKAPPA N.R. S/O. LATE SMT. SITAMMA RAMAIAH, AGED ABOUT 57 YEARS, R/AT ECHIKERE VILLAGE, AMBEDKAR NAGARA, WARD NO.7, NARASIMHARAJU POST, CHIKAMANGALURU DISTRICT-577134 (BY SRI. C.R. SUBRAMANYA, ADVOCATE) AND: Digitally signed by SUMA Location: HIGH COURT KARNATAKA …PETITIONERS 1. THE STATE OF KARNATAKA REPRESENTED BY ITS REVENUE SECRETARY, VIDHAN SOUDHA, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER CHIKKAMANGALURU DISTRICT, CHIKKAMANGALURU-577101. - 2 - NC: 2025:KHC:1452 WP No. 12480 of 2024 3. THE ASSISTANT COMMISSIONER TARIKERE REVENUE SUB-DIVISION, TARIKERE, CHIKKAMAGALURU DISTRICT-577101. 4. THE TAHSILDAR NARASIMHARAJAPURA TALUK, CHIKKAMANGALURU DISTRICT-577101.
Legal Reasoning
Pleader’s attempts to persuade this Court into granting further time to the jurisdictional Tahsildar for the examination of the representations and the issuance of appropriate orders, this Court is firmly of the view that this is a clear instance of inaction and negligence on the part of the 4th respondent/Tahsildar. The failure to act in accordance with the instructions issued by the Deputy Commissioner, which have been pending since November 2021, not only indicates an undue delay but also reveals a disregard for the legal responsibilities vested in the Tahsildar. Such delays cannot be justified, particularly when the directions have been unambiguous, and the matter has been unnecessarily prolonged to the detriment of the petitioners. 6. The case at hand reflects a deplorable state of affairs in which the directions issued by the superior authorities, as evidenced in Annexure-K, have been wholly ignored and remain unimplemented. The writ petition, filed on - 6 - NC: 2025:KHC:1452 WP No. 12480 of 2024 10.04.2024, stems from a representation made by the petitioner No. 1 on 20.01.2023 more than a year ago. The continued inaction and lack of diligence on the part of the revenue officials cannot be condoned as a mere procedural delay. Such negligence often results in severe repercussions for citizens who, through no fault of their own, are forced to approach the Court for redressal. This case exemplifies how the failure of revenue officials to perform their duties, despite clear directives, unnecessarily burdens the judicial system with avoidable litigations. Even after the service of notice in the captioned writ petition, the 4th respondent/Tahsildar has displayed an audacious disregard for the proceedings, continuing to neglect the petitioner’s representation. Consequently, this Court finds it necessary to not only issue a mandamus but also impose costs on the 4th respondent for the unjustifiable delay. The repeated and compelling instances of inaction warrant such a measure to deter further indifference. 7. With these observations, this Court passed the following: (i) Writ petition is allowed.
Arguments
(BY SRI. MANJUNATHA K., HCGP) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 4TH RESPONDENT/TAHSILDAR, NARASIMHARAJAPURA, CHIKAMAGLORE DISTRICT, TO ISSUE PERMANENT SAGUVALI CHIT IN RESPECT OF LAND BEARING SY.NO.47/P-1 MEASURING 3 ACRES OF LAND, WHICH IS SITUATED AT ECHIKERE VILLAGE, BALEHONNUR HOBLI, NARASIMHARAJAPURA TALUK, CHIKKAMANGALURU DISTRICT AS PER ANNEXURE-T DATED 17.02.2023. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER In the captioned petition, the petitioners are aggrieved by the in action on the part of the 4th respondent/Tahsildar in not passing appropriate orders on the representation submitted by the petitioner No.1 vide Annexure - T dated 20.01.2023. - 3 - NC: 2025:KHC:1452 WP No. 12480 of 2024 2. The facts leading to the case are as under: (i) The subject matter of the petition land is a gomal land measuring 04 acres bearing Sy.No.47/P-1 which is part and parcel of larger extent in Sy.No.47 measuring 141 acres 18 guntas. The petitioners' father moved an application on 12.10.1962 seeking grant of 04 acres of land. The land grant committee resolved to recommend that the petitioners' father is entitled to grant of 03 acres of land in the aforesaid survey number. This document is available at Annexure-A. The petitioners assert that based on the recommendations made by the land grant committee, 4th respondent who is the jurisdictional Thasildar issued a temporary saguvali chit, which is evidenced at Annexure - B. Based on temporary saguvali chit, name of petitioners' father was duly reflected in RTC, which is evidenced at Annexure - C. (ii) After the demise of the petitioners' father - Ramaiah, the petitioners' mother - Sitamma during her life time made an application on 09.11.2021 requesting the 2nd respondent/Deputy Commissioner to issue permanent saguvali chit. The petitioners assert that the 2nd respondent - 4 - NC: 2025:KHC:1452 WP No. 12480 of 2024 vide communication dated 16.11.2021 directed the 3rd respondent/Assistant Commissioner which is evidenced at Annexure – J. Reporting inaction on the part of the revenue authority, this captioned petition is filed. 3. Heard the learned counsel for the petitioners and learned High Court Government Pleader appearing for the respondents. 4. Before delving into the merits of the case, this Court finds it pertinent to acknowledge the communication issued by the 2nd respondent/Deputy Commissioner, as evidenced by Annexure-J. In this communication, dated 16.11.2021, the 2nd respondent has issued clear and specific directions to take cognizance of the grant certificate and to consider the petitioners' request in accordance with the applicable legal provisions. Furthermore, the directions explicitly state that the Tahsildar, in this case, is granted the liberty to secure any relevant records from the petitioners before proceeding to issue a permanent saguvali chit. This explicit instruction, therefore, underscores the expectations - 5 - NC: 2025:KHC:1452 WP No. 12480 of 2024 placed upon the Tahsildar and the legal obligations to act promptly and efficiently in this matter. 5. Despite the learned High Court Government
Decision
ORDER - 7 - NC: 2025:KHC:1452 WP No. 12480 of 2024 (ii) The 4th respondent/Tahsildar is hereby directed to take cognizance of the directions issued by the 2nd respondent/Deputy Commissioner evidenced at Annexure-J and pass appropriate orders in accordance with law by considering the representations of the petitioner No.1 dated 20.01.2023 (Annexure -T). (iii) This exercise shall be accomplished within a period of 10 weeks from the date of receipt of a copy of this order. (iv) The 4th respondent/Tahsildar shall deposit a sum of Rs.10,000/- to the 'Karnataka High Court Advocates' Clerks Benevolent Fund' within a period of two weeks. (v) Learned High Court Government pleader shall report compliance to the registry. (vi) The copy of this order shall be sent to the Deputy Commissioner. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HJ List No.: 1 Sl No.: 8