IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.30352 OF 2019(KLR-RR/SUR) BETWEEN:
B.B. SUBBAIAH S/O LATE BELLIAPPA AGED ABOUT 69 YEARS R/AT GARVALE VILLAGE AND POST SOMAWARAPET TALUK KODAGU DISTRICT – 571 237 (BENEFIT OF SENIOR CITIZEN NOT CLAIMED) (BY SRI. VENUGOPAL M.S, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA DR. B.R. AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER KODAGU DISTRICT MADIKERI – 571 201.
3. THE TAHASILDAR SOMAWARAPET TALUK KODAGU DISTRICT – 571 237.
... PETITIONER ... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THIS W.P. IS FILED UNDER ARTICLES 26 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO CONSIDER THE REPRESENTATION/APPLICATION DATED:29.04.2019 SUBMITTED BY THE PETITIONER FOR EFFECTING THE KHATHA IN HIS FAVOUR IN PURSUANCE OF THE REGISTERED SALE DEED DATED:26.05.1975. TRUE COPY OF THE SAID REPRESENTATION/APPLICATION IS PRODUCED AT ANNX-A.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner, who claims to be in possession of jamma bane land, has sought for mutating the revenue records in her name by relying upon Circular dated 07.01.2000 (Annexure-E).
2. There being no dispute to the fact that under extant Circular jurisdictional Tahsildar is required to mutate the revenue records insofar as jamma bane lands are concerned, representation of petitioner requires to be considered by third respondent accordingly.
3. Hence, writ petition allowed is allowed in part. Representation/application (Annexure-A) dated 29.04.2019 submitted by petitioner shall be considered and disposed of by third respondent expeditiously at any rate within six (6) months from the date of receipt of copy of this order.
SD/- JUDGE DR