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2025 DIGILAW 1740 (KAR)

Gopala Reddy Y @ Y Gopal S/o Yellappa Reedy v. State Of Karnataka

2025-12-10

S.SUNIL DUTT YADAV

body2025
ORDER : S.SUNIL DUTT YADAV, J. The present petition has been filed seeking for setting aside of the endorsement at Annexure-'A' dated 22.08.2025. Further, the petitioner has sought for issuance of writ of mandamus to direct the respondents to make good of the benefit available to the petitioner with respect to the land in question by continuing the entries in the computerised RTC till date. The petitioner has also sought for further proceedings of Phodi and durasthi and for demarcation of portion of land granted to the petitioner in Survey No.15 of Doddanekundi village, Bengaluru East Taluk. The petitioner has also sought for assigning of new survey numbers and fresh mutation after the proceedings of phodi and durasthi are completed. 2. The petitioner claims that the schedule property was granted on 21.07.1978 and that the name of the petitioner was entered in the RTC in terms of M.R.No.4/83-84. It is submitted that though in the handwritten revenue records, the name of the petitioner was found alongside M.R.No.4/83-84, however, after digitalization, the same has been left out. It is further submitted that several representations were made for restoring the entries of the petitioner in his name in the digitalized records, but no action was taken. It is also submitted that W.P.No.25423/2022 was allowed with certain directions, and the respondent Authorities not having been complied with such directions, the petitioner had filed CCC (civil) No.151/2024. 3. It is submitted that during the pendency of the contempt proceedings, compliance Affidavit was filed without considering the factual aspects. The endorsement filed during the pendency of the contempt proceedings has been challenged in the present writ petition, it is submitted that the respondent Authorities are procrastinating the matter and despite several directions, have failed to restore the revenue entries in the name of the petitioner. 4. Sri Shamanth Naik, learned High Court Government Pleader appearing for the respondent State vehemently opposes grant of any relief to the petitioner. It is submitted on behalf of respondent State that the entries in the Darkasth Register showing the grant made in favour of the petitioner at Sl.No.154 is an inserted entry, that the RTCs are bogus and that the land as on date bearing Survey No.15 has been granted to various entities and that no land is left to be construed as belonging to the petitioner herein. 5. 5. It is stated that 3.00 acres of land has been granted to Karnataka Industrial Area Development Board, 5.00 acres for Muslim burial ground and an additional 0.30 guntas has been reserved for public road, 0-04.08 guntas has been set apart and earmarked for Government Hospital, 0-04.08 guntas has been reserved for the office of Deputy Tahsildar and Revenue Inspector, 10.00 guntas has been reserved for solid waste management utilization and public road. 6. Heard both sides. 7. The endorsement at Annexure-'A' dated 22.08.2025 is a detailed endorsement and concludes by observing that the authenticated handwritten Pahanis and mutation and other records are not available. It is further submitted that the Grant records, including the Grant Order, Sketch at the time of Grant, Saguvali Chit and other records are not available and accordingly, the question of restoration of such entries does not arise. 8. The attention of the Court was drawn to the statement of objections filed in W.P.No.18175/2024 which was the previous round of litigation. Copy of the said statement of objections is found at Annexure-'L' of the present petition. Para-13 of the said statement of objections reads as follows:- "13. It is submitted that as directed by this Hon'ble Court in W.P.No.25423/2022 (KLR) vide order dated 17.02.2023, the Respondent No.3 has examined the records available in the office pertaining to Sy.No.15 of Doddanekundi Village, Varthur Hobli, Bengaluru East Taluk and noticed that the same is classified as "Sarkari Muffath Land" in the revenue records. In order to give an opportunity to the Petitioner to substantiate his claim, Notice dated 28.02.2023 was issued to the Petitioner, calling upon him to produce documents to establish his right and title on the land in question. In response to said Notice, issued by the Respondent No.3, the Petitioner produced photocopies of certain documents. After examining the same, the Proceedings were held before the Respondent No.3 on 28.03.2023 on which date the Advocate for the Petitioner was present. In order to ascertain the genuineness of the copies of documents produced by the Petitioner, the Respondent No.3 secured information from the office of the Tahsildar, Bengaluru South Taluk, as land in question was previously coming within the jurisdiction of Tahsildar, Bengaluru South Taluk. In order to ascertain the genuineness of the copies of documents produced by the Petitioner, the Respondent No.3 secured information from the office of the Tahsildar, Bengaluru South Taluk, as land in question was previously coming within the jurisdiction of Tahsildar, Bengaluru South Taluk. In response to the same, a letter dated 17.10.2023 was received from the office of the Tahsildar, Bengaluru South Taluk informing that the Saguvali Chit Register and Darkasth Register in respect of 2 acres of land in Sy.No.15 of Doddanekundi Village, Varthur Hobli, Bengaluru East Taluk is available and in_the said register name of Sri. Gopal Y., is found. Copies of the Saguvali Chit, issue Register and Darkasth Register were enclosed along with letter dated 17.10.2023 sent from the office of the Tahsildar, Bengaluru South Taluk. Copy of the letter dated 17.10.2023 is produced herewith and marked as ANNEXURE R1 . Copy of the Saguvali Chit issue Register and copy of Darkasth Register are produced herewith and marked as ANNEXURE-R2 and ANNEXURE-R3 respectively." 9. A reading of the same would indicate that the Saguvali Chit Issue Register and Darkasth Register in respect of 2.00 acres of land bearing Survey No.15 of Doddanekundi Village, Varthur Hobli, Bengaluru East Taluk was available and in the said Register, the name of Sri Gopal. Y is found. Copy of the said Saguvali Chit Issue Register and Darkasth Register were produced in the said proceedings as Annexures-'R2' and 'R3'. 10. The original documents were summoned by this Court. Ms.Shilpa, Village Administrative Officer, Doddanekundi Village, who is present before the Court has produced the Darkasth Register. Perused the relevant entries. The entry at Sl.No.154 indicates the name of Gopal. Y S/o Yellappa Reddy and the details of Grant Order are mentioned as LND/SR/8/77-78 dated 14.07.1978. Insofar as such entry is concerned, it is submitted that the entry is an inserted entry. 11. It must be noticed that the learned counsel for the petitioner has relied on the revenue entries previously made in the year 1983-1984. Annexure-'D' is the certified copy of the Mutation Register and M.R.No.4/1983-84 would indicate effecting of mutation with respect to 2.00 acres in Survey No.15 pursuant to grant bearing No.LND/SR/08-78-79 dated 21.07.1978. 12. Insofar as the certified copy at page-45 at Annexure-'D', the genuineness of the certified copy is affirmed by Sri Sheshagiri, S.D.A., Office of Tahsildar, Bengaluru South Taluk, who is present before the Court. 12. Insofar as the certified copy at page-45 at Annexure-'D', the genuineness of the certified copy is affirmed by Sri Sheshagiri, S.D.A., Office of Tahsildar, Bengaluru South Taluk, who is present before the Court. Though the said entry is found in the certified copy, if the same were to be faulty, such entry ought to have been cancelled by resort to Section 136(3) proceedings which have not been initiated till date. The certified copy produced at Annexure-'D' bears the date and seal of the Tahsildar, Bengaluru East Taluk. The genuineness of issuance of such certified copy is not controverted. The only submission made upon instructions is that the mutation entries are bogus mutation entries. 13. Insofar as the Saguvali Chit Issue Register, the certified copy of which is produced at page-43, the same is also issued by Tahsildar, Grade-2, Bengaluru South Taluk. The issuance of such certified copy is not disputed though the only defence is that the entry is an 'inserted entry'. The certified copy of Saguvali Chit Issue register was affirmed by Sri Sheshagiri, S.D.A., Office of Tahsildar, Bengaluru South Taluk who is present in the Court. If there are entries made and available in the original records, unless the same are subjected to cancellation or removal as per the procedure established under law, the Authorities cannot suddenly discontinue the revenue entries earlier made. 14. A perusal of the handwritten mutation in the Register shown as M.R.No.04/1983-84 has been on the record since then, which fact is not in dispute. The sudden discontinuance for whatever reason would be impermissible, unless the entries are set aside as per the procedure. 15. Perused the order dated 10.07.2025 passed in W.P.No.18175/20234, wherein this Court has set aside the earlier endorsement and remitted the matter for reconsideration. 16. Though the endorsement is detailed, the facts would remain that the handwritten entries in the Mutation Register still exists in the original records and the Certified Copy of the Mutation Register showing M.R.No.4/1983-84 is part of the record and has not been cancelled. 17. The Darkasth Register also contains an entry at Sl.No.154, the original of which is placed before this Court. If the entry is an insertion and fraud has been played, there is no evidence of any proceedings taken for cancellation of such entry by process established under law. 18. 17. The Darkasth Register also contains an entry at Sl.No.154, the original of which is placed before this Court. If the entry is an insertion and fraud has been played, there is no evidence of any proceedings taken for cancellation of such entry by process established under law. 18. Learned Additional Government Advocate had filed a memo alongwith the communication of Assistant Commissioner of Police addressed to the learned Additional Government Advocate in which it is stated that Saguvali Issue Register is part of record submitted to the Court in Crl.P.No.11846/2024. 19. This Court, after issuing appropriate directions as per the order dated 03.12.2025, the concerned officials have made an office note and reported that the said Saguvali Chit Issue Register is not a part of Crl.P.No.11846/2024. 20. The only defence made out in the endorsement is that none of the original records are available, which however is not a stand that would reflect the true facts in the light of availability of certified copies which are not disputed. To state that the records are tampered is different from the assertion that records are not available. In light of such conflicting stand of the respondent State and noticing that the certified copies produced by the petitioner referred to above and as well as perusal of Darkasth Register, it would be appropriate to set aside the endorsement at Annexure-'A' dated 22.08.2025, while directing the respondents to take necessary steps for restoration of revenue entries in light of the discussion made above. Once such entries are made, the subsequent request of the petitioner regarding Phodi, durasth and etc., are to be considered as per law expeditiously. The said process is to be endeavored to be completed within a period not later than six months. If there are any reasons justifying requirement of additional time, such request ought to be made before this Court seeking extension. 21. All that could be stated is that the manner in which the documents are maintained is not satisfactory. The Court is constrained to pass orders taking note of the records as maintained and in such proceedings, the Court cannot enter into the assertions made by the respondent State as regards which the respondent Authorities ought to have taken appropriate proceedings. The petition is accordingly disposed of.