IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21^ST DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT PETITION NO. 3578 OF 2016 (KLR-RR/SUR)

BETWEEN:

SRI. VENKATARAMANAPPA S/O. MUNISWAMAPPA, AGED ABOUT 65 YEARS, R/AT AVALAHALLI VILLAGE, SINGANAYAKANAHALLI POST, YELAHANKA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 064.

…PETITIONER (BY SRI. LEELADHAR H.P, ADVOCATE)

AND:

1. STATE OF KARNATAKA REP. BY ITS SECRETARY, Digitally signed by PANKAJA S DEPARTMENT OF REVENUE, Location: HIGH M.S. BUILDING, COURT OF DR. B.R. AMBEDKAR VEEDHI, KARNATAKA BANGALORE-560 001.

2. THE TAHSILDAR BANGALORE NORTH TALUK, BANGALORE-560 009.

3. THE ASST. COMMISSIONER BANGALORE SUB-DIVISION, BANGALORE NORTH TALUK, BANGALORE-560 009.

…RESPONDENTS (BY SRI. NEELAKANTAPPA K PUJAR, HCGP)

THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-CALL FOR ENTIRE RECORDS THE ORDER PASSED DTD. 6.7.1978 CONFIRMED BY THE ASST. COMMISSIONER, BANGALORE SUB-DIVISION VIDE HIS ORDER DTD. 21.3.1978 VIDE TALUK OBTAIN FROM THE OFFICE OF THE R-3 AND ETC.

THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

This writ petition is filed by the petitioner seeking a writ of certiorari to quash the entry in the RTC in column Nos.9 and 12(2) and in the mutation proceedings as per Annexures - G and H to H7 in respect of land bearing Sy.No.79 situated at Avalahalli Village, Yelahanka Hobli measuring to an extent of 1 acre (hereinafter referred as 'subject land').

2. The grievance of the petitioner is that the land bearing Sy.No.79 measuring to an extent of 1 acre granted in favour of the petitioner by the Special Deputy Commissioner, Bengaluru District vide order No.B(DIS)LND(3)SR 67/1977-78 dated 06.07.1978, which was confirmed by the Assistant Commissioner, Bengaluru Sub-division vide order No.LND:CR:

144/77-78 dated 21.03.1978. Thereafter, the petitioner put in possession of the said land and also cultivating the same. Further, all the revenue entries mutated in his name. According to the petitioner, he dug a bore-well in the subject land and thereby growing grapes and raagi in the subject land.

3. However, in the year 2009-10, the Deputy Commissioner without issuing any notice to the petitioner, effected the name of the Government by deleting his name in column Nos.9 and 12(2) of the RTC and also in mutation as per M.R.No.35/2009-10. Hence, he filed this writ petition.

4. I have heard the learned counsel for the petitioner so also learned Additional Government Advocate and perused the records.

5. On careful perusal of the documents available on record, it could be gathered that the land in Sy.No.79 measuring to an extent 1 acre was granted in the name of the petitioner vide grant order dated 06.07.1978 and subsequently, the same was approved by the Assistant Commissioner and the mutation entry effected in his name in MR.No.4/1988-89. According to the petitioner, his name was deleted from the RTC and mutation proceedings all of a sudden in the year 2009-10 without issuing any notice to him.

6. The learned Additional Government Advocate submits that since the very grant made in favour of the petitioner itself is illegal and forged, the subsequent action of the Deputy Commissioner is legal and well within his jurisdiction. As such, if the petitioner is aggrieved by said order, the remedy available for him is to challenge the said order before the appropriate authority. Accordingly, he prays to dismiss the writ petition.

7. As could be seen from the RTC entries for the year

2009-10, the Special Deputy Commissioner has deleted the name of the petitioner vide cancellation order No.RRT(2) NA.CR.725/08-09 dated 12.05.2010 and entered the name of Government vide re-entry order RRT(2)NA.CR.726/08-09 dated 01.04.2010 in the RTC. According to the learned counsel for the petitioner, this order has been passed without the knowledge of petitioner and