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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23^RD DAY OF APRIL 2019

BEFORE

THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA

WRIT PETITION NO.24890 OF 2018 (KLR-RES)

BETWEEN:

SMT. VENKUBAI

W/O LATE VENKOBARAO,

AGED ABOUT 67 YEARS,

R/AT FORT, HOSAKOTE TALUK,

HOSAKOTE – 562 114,

BENGALURU RURAL DISTRICT.

... PETITIONER

(BY SRI. JAYAKUMAR S. PATIL, SR. COUNSEL FOR

SRI. A. MOHAMMED TAHIR, ADV.,)

AND:

1.

STATE OF KARNATAKA

REVENUE DEPARTMENT,

VIDHANA SOUDHA,

BENGALURU – 560 001,

REPRESENTED BY ITS

PRINCIPAL SECRETARY.

2.

THE DEPUTY COMMISSIONER

BENGALURU RURAL DISTRICT,

VISVESHWARAIAH TOWER,

AMBEDKAR VEEDHI,

BENGALURU – 560 001.

3.

THE TAHSILDAR

HOSKOTE TALUK,

HOSKOTE – 562 114.

... RESPONDENTS

(BY SRI. VENKATESH DODDERI, AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227

OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE

IMPUGNED ENDORSEMENT DATED 26.10.2015 PASSED BY THE R-3

VIDE ANNEXURE-N AND TO DIRECT THE R-3 TO RESTORE THE

MUTATION ENTRY IN THE NAME OF THE PETITIONER IN KHATHA AND

RTC IN RESPECT OF 1-36 ACRE AND GUNTAS IN SY. NO.265 OF

HOSAKOTE KASABA, BENGALURU RURAL DISTRICT AS EXISTED

PRIOR TO 1988 AS PER ANNEXURE-C.

THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING

IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

This

writ

petition

is

filed

seeking

quashing

of

endorsement No.RRT[K]CR:68/2015-16 dated 26.10.2015

vide Annexure-N and also for a writ of mandamus, directing

Respondent No.3, namely, Tahsildar of Hosakote Taluk to

restore khata of land bearing Sy. No.265 measuring 1 acre 36

guntas of Hosakote Kasaba, Bengaluru Rural District, in the

name of the petitioner.

2.

The case of the petitioner is that she is grantee of

aforesaid extent of land and pursuant to the grant made in

her favour, the entries are registered in her name in the

record of rights and consequently RTC also issued in her

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name from the years 1984 to 1989. It is her grievance that

subsequently her name has been removed from RTC.

3.

It is also contended that possession of the

aforesaid land with the petitioner is not in dispute, in as

much as, petitioner had filed a suit earlier in O.S.

No.574/1979 for an order of permanent injunction against

the State. Though the suit was dismissed, in an appeal filed

in R.A. No.48/1981, she has secured an order of permanent

injunction by Judgment and decree dated 17.10.1981, which

according to her, is continuing undisturbed.

4.

It is also stated that proceedings were initiated for

removal of khata from her name, in the meanwhile, an order

was passed by the respondents granting an area measuring

100 ft x 100 ft belonging to the petitioner in favour of Social

Welfare Department for construction of Hospital. The same

was subject matter of challenge by the petitioner before the

Karnataka Appellate Tribunal in Appeal No.1126/2004,

which came to be allowed by Order dated 2.12.2011. With

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this, possession of the petitioner to the aforesaid extent of

land is confirmed, therefore, revenue entries are also to be

restored in her name. It is in this background, the present

writ petition is filed.

5.

In this matter, this Court directed the Tahsildar of

Hosakote Taluk to be present before the Court along with

original records available in the said office with reference to

the land in Sy. No.265 of Hosakote Kasaba. It is in response

to the order of this Court, Tahsildar, Hosakote Taluk is

present before the Court on more than one occasion along

with RTC book which is maintained with reference to land

bearing Sy. No.265 of the village from the years 1984-85 to

1988-89 and also mutation entry register available in the said

office. Meanwhile, the petitioner was also directed to produce

the original of saguvali chit, which, is not produced, inspite of

granting sufficient opportunity.

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