Writ Petition No. 15143 of 2025 · The High Court
Case Details
- 1 - NC: 2025:KHC:18381 WP No. 15143 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15143 OF 2025 (KLR-RES) BETWEEN: SRI K GOVINDARAJU, S/O LATE KRISHNAPPA, AGED 49 YEARS, R/AT FARM HOUSE, (TOTADAMANE), SY. NO. 189, ARURU VILLAGE, KASABA HOBLI, SIDDLAGHATTA TALUK, CHIKKABALLAPURA -562 105 …PETITIONER (BY SRI. G V DAYANANDA.,ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE VIKAS SOUDHA M. S BUILDING, DR. AMBEDKAR VEEDHI ROAD BANGALORE 560 001. 2. TAHALSHILDAR KASABA HOBLI, SIDDLAGHATTA TALUK, CHIKKABALLAPURA DIST., SIDDLAGHATTA- 562 105.
Legal Reasoning
3. SMT. SAVITHRAMMA,K. W/O SRI. ASHWATHAPPA@ ASHWATHANARAYANA. AGED 49 YEARS, R/A ANURU VILLAGE, KASABA HOBLI, SIDDLAGHATTA TALUK, CHIKKABALLAPURA -562 105. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18381 WP No. 15143 of 2025 4. SMT.GOWTHAMI, A. W/O SRI. MAHENTESH D/O ASHWATHAPPA @ ASHWATHANARAYANA. AGED ABOUT 31 YEARS, R/A SADAPPANNAHALLI VILLAGE, SILIBELE HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT -562 114. 5. SRI. GAGAN GOWDA I.A. S/O ASHWATHAPPA @ ASHWATHANARAYANA, AGED ABOUT 29 YEARS, R/AT I BASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT -562 110 …RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR., HCGP FOR R1 AND R2; R3 TO R5 - NOTICE D/W) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) DIRECTING THE RESPONDENT NO 2 TAHASILDAR NOT TO HEAR THE PARTIES VIDE NOTICE DATED 14-05-2025 ANNEXURE -L TILL THE DISPOSAL OF THE ORIGINAL SUIT BEFORE THE HONBLE PRINCIPAL DIST AND SESSION JUDGE CHIKKABALLAPURA (VACATION COURT) CHIKKABALLAPURA DISTRICT CHIKKABALLAPURA IN OS NO VOS 07/2025 DATED 09-05-2025w AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 3 - NC: 2025:KHC:18381 WP No. 15143 of 2025 ORAL ORDER 1. The petitioner claims to interest in land bearing Sy.No.125/4 situated at Anuru village, Kasaba Hobli, Sidlaghatta Taluk, Chikkaballapur. 2. The jurisdictional Tahsildar has issued notice under Section 129 of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as “the Act” for brevity) to concerned parties. Aggrieved by the said notice, the present writ petition is filed with the following prayers; “WHEREFORE, the petitioner humbly prays that this Hon'ble court may be pleased to a) Issue writ of mandamus directing the respondent No 2 Tahasildar not to hear the parties vide Notice dated 14-05-2025 Annexure 'L' till the disposal of the original suit before the Hon'ble Principal Dist and Session Judge Chikkaballapura (vacation court) Chikkaballapura district Chikkaballapura in OS No VOS 07/2025 dated 09-05-2025. b) Restrain the respondent No 2 from making any entries in the revenue records in - 4 - NC: 2025:KHC:18381 WP No. 15143 of 2025 respect of land bearing old survey No 125, and present chalthy SyNo.125/4 measuring an extent of 22 guntas out of total extent of 3-34 Guntas situated at Anuru Village, kasaba Hobli, Siddlaghatta Taluk, Chikkaballapura district on the basis of Gift deed dated 22-04-2025 registered on 22-04-2025 registered in Book No 1, Documents No SDG-1-00338-2025-26 in the office of The Asst Sub-Registrar, Siddlaghatta, Chikkaballapura District. c) Issue writ of mandamus directing the respondent No 2 not to enter the name of the respondent No 4 and 5 and also subsequent purchaser. d) Pass any appropriate order or direction as this Hon'ble court made deem fit to grant in the interest of justice and equity.” The petitioner is unable to show what is the lacuna in law in the notice which has been issued by the Tahsildar. Section 129 of the Act reads as under: “129. Registration of mutations and register of disputed cases- - 5 - NC: 2025:KHC:18381 WP No. 15143 of 2025 (1) The prescribed officer shall enter in the Register of Mutations every report made to him under sub- section (1) of section 128 or received by him under sub-section (2) or sub-section (4) of the said section. (2) Whenever a prescribed officer makes an entry in the Register of Mutations, he shall at the same time post up a complete copy of the entry in a conspicuous place in the chavadi and shall give written intimation to all persons appearing from the Record of Rights or Register of Mutations to be interested in the mutation, and to any other person whom he has reason to believe to be interested therein. (3) Should any objection to any entry made under sub-section (1) in the Register of Mutations be made either orally or in writing to the prescribed officer, it shall be the duty of the prescribed officer to enter the particulars of the objection in a Register of Disputed Cases. (4)The objections entered in the Register of Disputed Cases and such other objections as may be made during the enquiry shall be enquired into and disposed of by such officer and in such manner as may be prescribed. Orders disposing of such objections shall be recorded in the Register of Mutations by such officer. - 6 - NC: 2025:KHC:18381 WP No. 15143 of 2025 (5) The officer holding an enquiry under sub- section (4) shall have all the powers under Chapter III, that a Revenue Officer has in making a formal or summary enquiry under this Act. (6) Entries in the Register of Mutations shall be tested and if found correct or after correction, as the case may be, shall be certified by such officer as may be prescribed. (7) The transfer of entries form the Registers of Mutations to the Record of Rights shall be effected in the prescribed manner, provided that an entry in the Register of Mutations shall not be transferred to the Record of Rights until such entry has been duly certified.” 3. As per the opinion of the Tahsildar, it is a fit case to proceed under Section 129 of the Act and he has issued the notice calling upon the parties concerned to make their submission before the Tahsildar. I do not see any error in the same. Further the said notice has been initiated by the jurisdictional Tahsildar based on the case filed by the petitioner himself. Now, the petitioner has filed this writ petition challenging the said notice. It is nothing but abuse of process of law. - 7 - NC: 2025:KHC:18381 WP No. 15143 of 2025 4. For afore mentioned reasons, the writ petition is hereby dismissed subject to petitioner paying a cost of Rs.5,000/- (rupees Five Thousand only) to the Karnataka State Legal Services Authority within one week from today. Sd/- (M.I.ARUN) JUDGE DSP List No.: 1 Sl No.: 26