IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF MAY, 2017 BEFORE THE HON'BLE Mr.JUSTICE RAVI MALIMATH WRIT PETITION NO.839 OF 2017 (LR - RES) AND WRIT PETITION NOs.4657-4659 OF 2017 (LR – RES) BETWEEN:
1. SMT. H.R. SUVARNA W/O LATE Y.N. VIRUPAKASHAIAH AGED ABOUT 53 YEARS 2. Y.N. SIDDALINGHAIAH S/O N. NANJUNDARADYA AGED ABOUT 66 YEARS 3. Y.N. KUMARASWAMY S/O N. NANJUNDARADYA AGED ABOUT 63 YEARS 4. GIRIJAMMA W/O LATE Y.N. SIDDALINGADEVARU AGED ABOUT 50 YEARS 5. Y. N. SHIVASWAMY S/O N. NANJUNDARADYA AGED ABOUT 50 YEARS ALL ARE R/AT YEDIYUR VILLAGE KUNIGAL TALUK TUMAKURU DISTRICT – 572 142 ... PETITIONERS (BY SRI. N. SURENDRA KUMAR, ADVOCATE) AND:
1. THE REVENUE SECRETARY VIDHANA SOUDHA REVENUE DEPARTMENT BENGALURU – 1 2. TAHASILDHAR KUNIGAL TUMAKURU DISTRICT – 572 130 ... RESPONDENTS (BY SMT. B.P. RADHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 TO MAKE OUT KATHA IN THE NAME OF THE PETITIONERS AS PER THEIR POSSESSION ON RESPECT OF SURVEY NO. REFERRED IN THE LETTER FORWARDED BY THE REVENUE INSPECTOR TO TAHASILDAR PRODUCED AT ANNEXURE – D THE FOLLOWING SY.NO.1 LAND MEASURING AN EXTENT OF 0.17 ACRE 37 GUNTAS +1 ACRE IN SY NO.64, 2. LAND MEASURING AN EXTENT OF 1 ACRE 2 GUNTAS IN SY NO.66, (3) LAND MEASURING AN EXTENT OF 0.20+0.5+0.23+32+10 GUNTAS IN SY NO.57, (4) LAND MEASURING AN EXTENT OF 12+3 ACRES 2 GUNTAS IN SY NO.90, (5) 1 ACRE 35 GUNTAS IN SY NO.33/8, THE AFORESAID LAND SL NO.1 TO 4 ARE ALL SITUATED AT YADIYUR VILLAGE, KUNIGAL TALUK AND SL NO.5 SITUATED AT CHIKKAJJANAHALLI, AMRUTHUR HOBLI, KUNIGAL TALUK, ON THE BASE OF THE ORDER PASSED BY THE LAND REFORMS APPELLATE AUTHORITY TUMAKURU DATED 02.08.1989 IN SO FAR AS THE PETITIONER PRODUCED AT ANNEXURE – A AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.B.P.Radha, learned AGA accepts notice for respondents.
2. Petitioners seeks for a writ of mandamus to direct the second respondent to make out khatha in the name of the petitioners as per their possession in respect of survey numbers referred in the letter forwarded by the Revenue Inspector Tahsildar as at Annexure – ‘D’.
3. Learned AGA submits that if reasonable time is granted, the same will be made in accordance with law.
4. The submission of the learned AGA is noted. The Respondent No.2 is directed to make out khatha in the name of the petitioners as per their possession in respect of survey numbers referred in the letter forwarded by the Revenue Inspector Tahsildar as at Annexure – ‘D’ and pass appropriate orders, in accordance with law, within a period of six months from the date of receipt of a copy of this order.
Petitions are accordingly disposed off.
Smt.B.P.Radha, learned AGA to file memo of appearance in four weeks.
SD/- JUDGE dh