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.10472/2019 (KLR-RES) BETWEEN:
H.C. ERAPPA S/O LATE CHIKKIRAIAH AGED 66 YEARS R/A HOSPETE VILLAGE BELAGODU HOBLI SAKALESHPURA TALUK HASSAN DISTRICT.
(BY SRI. K.N. NITISH, ADVOCATE FOR SRI. K.V. NARASIMHAN, ADVOCATE) AND:
1. STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE M.S. BUILDING BANGALORE – 560 001.
2. THE TAHSILDAR SAKALESHPURA TALUK SAKALESHPURA – 573 134.
... PETITIONER ... RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 & R-2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATION VIDE ANNX-D DATED:19.09.2018 AND MUTATE THE KHATA CONCERNING LAND IN SY.NO.87/3 MEASURING 9 GUNTAS, SY NO.87/4 MEASURING 17 GUNTAS MEASURING 17 GUNTAS AND SY.NO.67/4 MEASURING 27 GUNTAS SITUATED AT BELAGODU VILLAGE AND HOBLI, SAKALESHPURA TALUK IN HIS FAVOUR WITHIN A TIME FRAME.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is seeking for a direction namely, writ of mandamus to second respondent to consider the representation dated 19.09.2018-Annexure-D whereunder petitioner has sought for mutating khatha of land bearing Sy.No.87/3 measuring 9 guntas, Sy.No.87/4 measuring 17 guntas and Sy.No.67/4 measuring 27 guntas situated at Belagodu Village, Sakleshpura Taluk, Hassan District, contending interalia said properties belonged to petitioner and suit filed by his brother in O.S.No.276/1998 for partition and separate possession of suit properties has been dismissed by this Court in RSA No.1306/2006 by judgment and decree dated 22.08.2012, pursuant to which representation has been submitted to second respondent for mutating the revenue records and same having not been considered and disposed of, he prays for direction being issued to second respondent.
2. Learned AGA appearing for respondent would vehemently oppose the prayer sought for by the petitioner contending that there is a civil dispute pending and as such authorities have not considered the representation submitted by petitioner.
3. In the light of fact that civil dispute has come to an end by virtue of judgment and decree passed in RSA No.1302/2006 referred to herein supra, there was no impediment for second respondent to consider the representation dated 19.09.2018-Annexure-D submitted by petitioner and without any justification no order has been passed on said representation by second respondent, which act requires to be deprecated.
Hence, I proceed to pass the following:
ORDER (i) Writ petition is allowed in-part.
(ii) A direction is issued to second respondent to consider the representation dated 19.09.2018 - Annexure-D submitted by petitioner.
(iii) If second respondent is of the view that it would be necessary to issue notice to existing khatha holder, same shall be issued to the legal representatives of Chikkiraiah i.e., Hiriyaiah and pass orders on appearance of parties expeditiously at any rate within eight (8) weeks from the date of appearance of all parties.
SD/- JUDGE DR