IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF APRIL, 2017 BEFORE THE HON’BLE MR. JUSTICE A.S. BOPANNA WRIT PETITION NO.18501/2017 (SC/ST-RR/SUR) BETWEEN:
SMT. AKKAMMA @ CHICKKAMMA, W/O. LATE A.D.MUNIYAPPA, AGED ABOUT 69 YEARS, RESIDING AT AJJAVAR VILLAGE, NANDI HOBLI, CHICKBALLAPUR TALUK-562 101, CHICKBALLAPUR DISTRICT. …PETITIONER (BY SRI NARASIMHA MURTHY L., ADV.) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDING, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER, CHICKBALLAPUR DISTRICT, CHICKBALLAPUR-562 101.
3. THE ASSISTANT COMMISSIONER, CHICKBALLAPUR SUB DIVISION, CHICKBALLAPUR-562 101.
4. THE TAHSILDAR, CHICKBALLAPURA TALUK, CHICKBALLAPUR DISTRICT-562101.…RESPONDENTS (BY SRI DILDAR SHIRALLI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-4 TO ENTER HE NAME OF THE PETITIONER IN THE KHATHA, R.T.C. AND OTHER REVENUE RECORDS IN FAVOUR OF THE PETITIONER IN PURSUANT TO THE GRANT ORDER PASSED IN CASE NO.PTCL (c) 3/99-2000 AND PTCL (c) 3A/99-2000 DATED 13.07.2001 VIDE ANNEXURE-A BY CONSIDERING THE REPRESENTATIONS GIVEN BY THE PETITIONER DATED 19.12.2012, 08.02.2017, 28.02.2017 AND 08.03.2017 VIDE ANNEXURE- G TO G3.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned Government Advocate to accept notice for respondents No.1 to 4 and file memo of appearance in four weeks.
2. The petitioner is before this Court seeking issue of mandamus to direct the respondent No.4 to enter the name of the petitioner in the khatha, RTC and other revenue records, pursuant to the grant order dated 13.07.2001. In that regard, the petitioner is seeking consideration of the representations as at Annexure-G series.
3. The petitioner contends that a portion of the land in Sy.No.92 of Ajjawara Village has been granted, in regard to which, the proceedings had been initiated under the Karnataka Scheduled Castes and Scheduled Tribes (PTCL) Act, 1978.
4. The present request of the petitioner through the representations as submitted to respondent No.4 is by referring to the litigations in that regard and seeking the change of khatha in the name of the petitioner, based on the grant order which has attained finality in the said litigations. In that regard, the respondent No.4 has not considered and passed orders one way or the other in accordance with law on the representations submitted by the petitioner, the petitioner is before this Court.
5. In that regard, since the representations as made by the petitioner is yet to be considered by respondent No.4, this Court, at this juncture, need not advert into other aspects of the matter. Such representations which are made by the petitioner will have to be considered as the applications under Section 128 of the Karnataka Land Revenue Act and take into consideration the relevant documents and thereafter pass appropriate orders with regard to the mutation and the revenue entries to be maintained. Needless to mention, the fee if any payable in that regard will have to be paid by the petitioner, whereupon a consideration is to be made. While, taking note of the application, if the name of any other person, who is interested in the property is indicated in the revenue register, the respondent No.4 will have to notify such person and thereafter pass appropriate orders in accordance with law.
6. In that view, a direction is issued to respondent No.4 to take note of the representations filed by the petitioner and pass appropriate orders in that regard.
7. To enable the said action, the petitioner shall now file one more copy of the representations and the supporting documents with respondent No.4 and also pay the fee, if any fixed in that regard. The respondent No.4 shall thereupon take note of all aspects of the matter and take a decision one way or the other in accordance with law as expeditiously as possible, but not later than two months from the date on which a copy is furnished.
The petition is accordingly disposed of.
Sd/- JUDGE ST