Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.28419/2019 (KLR-RR/SUR) BETWEEN:
B.V. VASANTH KUMAR AGED ABOUT 35 YEARS S/O G. VENKATARAMANAPPA RESIDING AT NO.1218, 23RD MAIN 23RD CROSS, BANASHANKARI 2ND STAGE, BANGALORE – 560 070.
...PETITIONER (BY SRI. ZULFIKIR KUMAR SHAFI, ADVOCATE FOR SRI. K. NARAYANASWAMY K, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPARESENTED BY ITS SECRETARY REVENUE DEPARTMENT MULTISTORIED BUILDING VIDHANA SOUDHA BENGALURU - 560 001.
2 . THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD, BENGALURU - 560 009.
3 . THE SPECIAL THASILDAR ANEKAL TALUK BENGALURU DISTRICT – 561 210. (BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 AND 3 TO CONSIDER THE REPRESENTATIONS SUBMITTED BY THE PETITIONER VIDE ANNEXURE-G DATED:04.12.2018, 23.02.2019 AND TO PASS APPROPRIATE ORDERS THEREON.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Zulfikir Kumar Shafi, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned AGA appearing for respondents. Perused the records.
2. Petitioner’s mother purchased the land bearing Sy.No.67/P70 situated at Bhutanahalli Village, Jigani Hobli, Anekal Taluk, measuring 4 acres 5 guntas. Pursuant to which revenue records came to be mutated to her name, which continued till 2006-07. Jurisdictional Assistant Commissioner initiated proceedings under Section 4 and 5 of Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, in K.SC.ST.(A) 64/2007-08, which culminated in an order being passed resuming/forfeiting the land in favour of State vide order dated 02.03.2009. Challenging said order petitioner filed an appeal before the Deputy Commissioner, which came to be dismissed by order dated 23.07.2011. Being aggrieved by said order, petitioner came before this Court in W.P.No.40657/2011 and said writ petitions came to be allowed by order dated 26.09.2019-Annexure-E. Applicants namely, legal representatives of original grantee who pursued their grievance in intra-court appeal – W.A.No.2937/2018 were not successful since intra-court appeal came to be dismissed by Division Bench on 08.03.2019-Annexure-F.
3. However, on dismissal of writ petition, petitioner submitted an application/representation to the second respondent for mutating the revenue records to his name vide representation dated 04.12.2018- Annexure-G. Simultaneously, representation was also submitted to third respondent on 23.02.2018- Annexure-H for mutating the revenue records. Still revenue records having not been mutated to the name of petitioner, who is claiming to be the legal representative of deceased Kamalamma, he is before this Court for a writ of mandamus to respondent to consider his representation.
4. Having regard to the proceedings initiated by Assistant Commissioner under Karnataka Schedule Castes and Schedule Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, which has culminated in petitioner being successful before this Court and there being no impediment in law for respondent-authorities to consider the representation submitted by petitioner, prayer sought for in this petition deserves to be granted.
Hence, I proceed to pass the following:
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