IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.57308/2018 (KLR-RES) BETWEEN SHRI C M MULLEGOWDA AGED *64 YEARS, S/O MALLEGOWDA R/A CHAKKUDIGE GRAM, HURUDI POST, GONIBIDU HOBLI, MUDIGERE TALUK, CHIKMAGALURU – 577132 ... PETITIONER (BY SRI P P HEGDE, ADVOCATE) AND 1. TAHASHILDAR MUDIGERE TALUK MUDIGERE CHIKMAGALURU - 577132 2. ASSISTANT COMMISSIONER MUDIGERE TALUK, MUDIGERE CHIKMAGALURU - 577132 3. DEPUTY COMMISSIONER OF CHIKMAGALURU DISTRICT CHIKMAGALURU – 577132 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) * CORRECTED VIDE COURT ORDER DATED 19.06.2019 THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER ENDORSEMENT DATED 20.07.2018 PROCEEDING ISSUED BY TAHASILDAR OFFICE, MUDIGERE TALUK, CHIKMAGALURU DISTRICT WHICH IS PRODUCED AS ANENXUER-L AND ALSO DIRECT THE RESPONDENTS TO RESTORE THE KHATA OF THE LAND MEASURING TO THE EXTENT OF 4.34 ACRES IN S.NO.182 OF CHAKUDIGE VILLAGE, GONEBIDU HOBLI, MUDIGERE TALUK, CHIKMAGALURU DISTRICT IN THE NAME OF THE PETITIONER IN PURSUANCE OF THE RECOMMENDATION OF THE TAHSILDAR/ R-1 DATED 09.12.2014 IS PRODUCED HEREWITH AS ANNEXURE-H.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is said to be owner of land bearing Sy.No.182 of **Uduse village, Gonibidu Hobli, Mudigere Taluk, measuring to an extent of 4.34 Acres. According to him, the said land has fallen pada for non payment of tax, consequently katha is also not continued in the name of his ancestors. Hence, he has filed an application seeking restoration of katha by removing pada on the land in question.
** Corrected vide chamber order dated 24.07.2019 2. Admittedly, the petitioner has filed an application before the competent authority for removing pada on the land in question on 9.5.2014. Subsequently, the Revenue Officer of Gonibidu Hobli has conducted spot inspection and submitted his report on 9.6.2014. Thereafter, the matter is sent to the office of the Assistant Commissioner by Tahsildar of Mudigere Taluk by communication dated 9.12.2014 in proceedings bearing No.RRCR:16/2014-15. The material on record would indicate that the petitioner has made a representation to the Deputy Commissioner with reference to removal of pada on the land in question, in turn the Deputy Commissioner remitted the matter back to the Tahsildar vide Annexure-K, dated 2.3.2018, to look into the matter and to issue necessary endorsement. Accordingly, the Tahsildar has issued the impugned endorsement dated 20.7.2018 in proceedings bearing No.RRTCR.16/2018-19, wherein it is stated that pursuant to the notification issued by the State Government in No.RD.28.LGP.243, dated 23.7.2014 the application of the petitioner seeking restoration of katha should have been submitted on or before 6.9.2014, since the application of the petitioner is received in the office of the Assistant Commissioner beyond the said period fixed for consideration of removal of pada, the same cannot be considered, that as and when the time fixed for removal of pada is extended, the petitioner may submit his application.
3. The grievance of the petitioner is that the impugned endorsement is without any basis, in as much as the application which is filed by him seeking restoration of katha of the land in question in his name was submitted on 9.5.2014 as could be seen from the contents of the communication dated 9.12.2014 issued from the office of the Tahsildar to the Assistant Commissioner. When that being the situation, the observations in impugned endorsement that the application of the petitioner seeking restoration of katha has reached the office of the Assistant Commissioner belatedly, is without any basis. Indeed, for the purpose of reckoning the date what is required to be considered is the date on which the application is filed by the petitioner herein and not the date on which it is forwarded from the office of the Tahsildar to the Assistant Commissioner. Therefore, if there is any laxity in the matter, it is on the part of the authorities in conducting themselves while discharging their duty and the same should not affect the right of the petitioner.
4. Therefore, in the fact situation when the material on record would indicate that the application seeking restoration of katha by removing pada is submitted well within the period of limitation referred to in the notification of the Government, rejection of the petitioner’s application is without any basis. In that view of the matter, the impugned endorsement issued by the Tahsildar, Mudigere Taluk, dated 20.7.2018 in proceedings bearing No.RRT.CR.16/2018-19 is hereby quashed. The matter is remitted back to the 3rd respondent – Deputy Commissioner, Chikmagalur District to reconsider the application of the petitioner positively in restoring katha in the name of the petitioner since his application for removal of pada is well within the time prescribed by the State as could be seen from the communication of the Tahsildar himself.
5. Accordingly, the writ petition is allowed. The respondent authorities are directed to pass appropriate orders on the applications filed by the petitioner seeking removal of pada and restoration of katha. The same shall be done within 90 days from the date of receipt of a copy of this order, failing which the petitioner is at liberty to approach the Contempt Court seeking appropriate relief against the respondents herein.
nd/-
Sd/- JUDGE