Karnataka High Court
Sri P Rohith Reddy vs The State Of Karnataka on 14 July, 2025
-1-
NC: 2025:KHC:25930
WP No. 150 of 2020
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.150 OF 2020 (KLR-RES)
BETWEEN:
1. SRI. P. ROHITH REDDY
S/O P.R. CHENNA REDDY
ATED ABOUT 37 YEARS
R/AT NO. 2-A, THOMAS MANOR,
88, RICHMOND ROAD,
BENGALURU-560025.
...PETITIONER
(BY SRI. SHIVAPRASAD SHANTANAGOUDAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
Digitally signed M.S.BUIDLING,
by SHARMA DR.B.R.AMBEDKAR VEEDHI,
ANAND CHAYA
Location: HIGH
BENGALURU-560001.
COURT OF
KARNATAKA
2. THE DEPUTY COMMISIONER
MYSURU DISTRICT
MYSURU-570001.
3. THE ASSISTANT COMMISSIONER
MYSURU SUB-DIVISION
MYSURU-570001.
4. THE TAHSILDAR
MYSURU TALUK
MYSURU-570001.
-2-
NC: 2025:KHC:25930
WP No. 150 of 2020
HC-KAR
5. THE DEPUTY DIRECTOR OF LAND RECORDS
CITY SURVEY,
MYSURU-57001.
...RESPONDENTS
(BY SRI. MANJUNATH K., HCGP )
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS NO.2, 3 AND 4 TO CONSIDER THE
REPRESENTATIONS OF THE PETITIONER DATED 03.05.2019
AND 09.09.2019 VIDE ANNEXURE-D AND E1 AND TO RESTORE
THE RTC ENTRIES OF SY.NO.18 OF CHIKKAHARADANAHALLI
VILLAGE, KASABA HOBLI, MYSURU TALUK TO AN EXTENT OF 4
ACRES 20 GUNTAS IN THE NAME OF SRI. ABDUL SHAFI AS
WAS RECORDED EARLIER BY PUTTING BACK 4 ACRES 20
GUTNAS AS PATTA LAND AND NECESSARY DIRECTIONS TO
SURVEYOR TO PODI THE LAND TO AN EXTENT OF 4 ACRE 20
GUNTAS AND TO CHANGE THE KATHA OF THE SAID LAND TO
THE NAME OF PETITIONER AS PER THE FINAL ORDERS OF THIS
HON'BLE COURT IN EARLIER PROCEEDINGS AND BY
DECLARING EXISTING ENTRIES IN COLUMN 11; DIRECT THE
RESPONDENT NO.5 TO DEMARCATE 04 ACRES 20 GUNTAS OF
LAND PURCHASED BY THE PETITIONER BY ASSIGNING
-3-
NC: 2025:KHC:25930
WP No. 150 of 2020
HC-KAR
SEPARATE SUB-PHODE TO THE SAME AND SEPARATE SUB-
PHODE NUMBER TO THE GOVERNMENT KHARAB LAND TO AN
EXTENT OF 0-18 GUNTAS.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, petitioner has sought for writ of mandamus to consider the representations at Annexures D and E1 and to restore the RTC entries in Land bearing Sy. No.18 of Chikkaharadanahalli Village, Mysuru Taluk to an extent of 4 acre 20 guntas in the name of Sri. Abdul Shafi and issue direction to the Surveyor to Phody the land to an extent of 4 acre 20 guntas.
-4-
NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR
2. The relevant facts for adjudication of this writ petition are that, the Government of Mysore vide order dated 27.01.1955 had granted land to an extent of 4 acres 20 guntas as per Order No.DR.137-1955-56, at Chikkaharadanahalli Village, Mysore Taluk, in favour of one Abdul Wahab. After the death of the original grantee, the khata transferred into the name of his son - Abdul Shafi as per M.R.No.2/1981-82 which was confirmed by the Assistant Commissioner on 05.12.1990. It is further stated that, Sri. Puttaswamy, Boregowda and Chikkaiah have filed appeal in R.A.No.7/1993-94, before the Deputy Commissioner and as per order dated 22.05.1995, the Deputy Commissioner directed his subordinate officers to forfeit the land to the Government on the ground of violation of grant conditions. Feeling aggrieved by the same, appeal was preferred before the Karnataka Appellate Tribunal, in Appeal No.297/1995 and 348/1995. The Karnataka Appellate Tribunal, by order dated 30.04.1996, set aside the order passed by the Deputy Commissioner and directed to restore the name of Abdul Shafi and accordingly, the revenue authorities entered khata of the land in question in the name of Abdul Shafi as per M.R.No.1/1996-97. The said order of the Karnataka Appellate -5- NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR Tribunal, was questioned before this Court in W.P.No.30401- 30402/1996 and this Court, vide order dated 07.07.1999, dismissed the writ petitions holding that the said Abdul Shafi is the owner of the land in question. It is further stated in the writ petition that, petitioner herein has purchased the land from Abdul Shafi as per the registered Sale Deed dated 23.04.2008.
3. It is the case of the petitioner that, the respondent No.3 without issuing notice to the petitioner, passed order in RRT No.494/2011-12 to remove the revenue entries made in the name of the vendor of the petitioner and classified the entire extent of 4 acres 38 guntas of land as 'B kharab'.
4. It is the contention of the petitioner that, this Court in W.P.No.38976/2011, by order dated 28.06.2013, allowed the writ petition and directed the respondent - authorities to register khata in the name of the petitioner. It is also stated in the writ petition, that petitioner has filed one more petition in W.P.No.50824/2014, challenging the order dated 18.02.2012 passed by the respondent No.3, classifying the entire extent of land as 'B kharab'. This Court, vide order dated 08.11.2016, set -6- NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR aside the order passed by respondent No.3 classifying the entire extent of land as 'B kharab'. Pursuant to the direction issued by this Court, the respondent - authorities have mutated the name of the petitioner in the revenue records vide MR.H1/2018-19 dated 26.07.2018 and thereafter, the RTC extracts were issued. It is the grievance of the petitioner that, the entire extent of 4 acre 38 guntas in Sy.No.18 was identified as 'B kharab' land and the said entry is contrary to the order passed by the Karnataka Appellate Tribunal and by this Court. Immediately thereafter, the petitioner made representation dated 03.05.2019 (Annexure-D) to respondent Nos.2 to 5 to remove the wrong entries made in the RTC extracts, however, the respondents have not rectified the entry and as such the petitioner made another representation dated 09.09.2017 (Annexure-E1). It is also stated that the respondent No.2 has sought for opinion from the Law Department with regard to entering the name of the petitioner and as per Annexure-F, the opinion was rendered in favour of the petitioner. Therefore, it is the case of the petitioner that, respondent Nos.2 to 5 being statutory authorities are bound to restore the name of the -7- NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR petitioner to an extent of 4 acres 20 guntas in Sy.No.18 of Chikkaharadanahalli Village, Mysore Taluk.
5. I have heard Sri. Shivaprasad Shantana Goudar, learned counsel for appearing for the petitioner and Sri. Manjunath K., learned High Court Government Pleader appearing for the respondents.
6. Sri. Shivaprasad Shantanagoudar, learned counsel appearing for the petitioner, invited the attention of the Court to the proceedings held before the respondent No.3 in R.A.287/2017 dated 28.02.2018 (Annexure-A) and contended that, the father of the vendor of the petitioner - Abdul Wahab was the grantee of the land in question and on his demise, revenue records transferred into the name of his son - Abdul Shafi, as per M.R.No.2/1981-82. It is also contended that, the petitioner herein has purchased the schedule land as per registered Sale Deed dated 23.04.2008. Referring to the order passed by the Karnataka Appellate Tribunal in Appeal No.348/1995 and order dated 07.07.1999 in W.P.No.30401- 402/1996, it is argued that, the vendor of the petitioner - Abdul -8- NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR Shafi became the owner of the land in question and at the instance of the private persons, having no interest in the schedule land, the land in question was classified as 'B kharab'. Learned counsel for the petitioner also referred to the proceedings in LND(1)C.R.310/2014-15 dated 13.05.2016 and the order dated 28.02.2018 in R.A.No.287/2017 (Annexure-A) and submitted that, the revenue authorities, despite having made representations to enter the name of the petitioner in the revenue records as per Annexures - 'D and E1', have not taken any steps, accordingly, sought for interference of this Court.
7. Per contra, Sri. Manjunath K., learned High Court Government Pleader, sought to justify the impugned order.
8. In the light of the submissions made by the learned counsel for the parties, on careful examination of the writ papers would indicate that land to an extent of 4 acres 20 guntas in Sy.No.18 of Chikkaharadanahalli Village, Mysore Taluk was granted in favour of Abdul Wahab, as per Annexure- G. It is also forthcoming from the writ papers that, this Court in W.P.No.30401-402/1996 dated 07.07.1999 (Annexure-K), -9- NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR dismissed the petition filed by the private respondents and confirmed the order dated 30.04.1996 passed by the Karnataka Appellate Tribunal in Appeal Nos.297/1995 and 348/1995 (Annexure- J) and same has reached finality. In that view of the matter, though there is no impediment for the respondent - authorities to restore the RTC entries in respect of the land bearing Sy.No.18 of Chikkaharadanahalli Village, Mysore Taluk, in favour of the petitioner, as the petitioner has purchased the same as per the registered Sale Deed dated 23.04.2008.
9. I have also noticed from the statement of objections filed by the State referring to the order dated 08.11.2016 in W.P.No.50824/2014 (Annexure- R7), wherein, this Court remitted the matter to the respondent No.3 herein to reconsider the issue afresh in accordance with law. The said order of remand has to be read along with the order dated 07.07.1999 in W.P.30401-402/1996 (Annexure-K) which makes it clear that the father of the vendor of the petitioner has been granted with an extent of 4 acres 20 guntas as per Grant Order dated 20.05.1954 and the revenue records have to be restored to the petitioner with the same extent of land without
- 10 -
NC: 2025:KHC:25930 WP No. 150 of 2020 HC-KAR mentioning as 'B kharab' and therefore, I find force in the submission made by the learned counsel appearing for the petitioner.
10. In the result, the writ petition is allowed.
Writ of mandmus is issued to respondent No.4 and 5 to demarcate 4 acres 20 guntas of land purchased by the petitioner by assigning separate sub-phode, and separate sub- phode No. to be entered in respect of the Government kharab land to an extent of 18 guntas, if any.
SD/-
(E.S. INDIRESH) JUDGE sac List No.: 1 Sl No.: 52