IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.30661/2019 (KLR-RES) BETWEEN:
SMT. KAMALAMMA W/O SRI. CHINNAGIRI AGED ABOUT 33 YEARS R/AT KULUMEPALYA VILLAGE IPPADI POST, HUTRIDURGA HOBLI, KUNIGAL TALUK TUMKUR DISTRICT – 572 130.
(BY SRI. SHIVASHANKARA Y.D, ADVOCATE) ...PETITIONER AND:
1 . THE STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S. BUILDING BANGALORE - 560 001.
2 . THE DEPUTY COMMISSIONER TUMKUR DISTRICT TUMKUR – 572 101.
3 . THE ASSISTANT COMMISSIONER TUMKUR SUB-DIVISION TUMKUR – 572 101.
4 . THE THASILDHAR KUNIGAL TALUK TUMKUR DISTRICT – 572 130.
…RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION FILED BY THE PETITIONER DATED:12.07.2019 AS PER ANNEXURE-K FOR RESTORING THE NAME OF PETITIONER GRAND FATHER LATE SRI. GUDDANAYAKA S/O BETTANAYAKA IN THE COMPUTERIZED RTC EXTRACT OF SY NO.282/43 MEASURING 4.00 ACRES OF IPPADI VILLAGE, HUTHRIDURGA HOBLI, KUNIGAL TALUK AS PER THE ENDORSEMENT ISSUED BY THE R-4 DATED:03.07.2018 AT ANNEXURE-H.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner has sought for a writ of mandamus being issued to respondents to consider his representation dated 12.07.2019-AnnexureK whereunder petitioner has sought for restoration of name of her grandfather late Guddanayaka, s/o. Bettanayaka in the computerized RTC extracts relating to Sy.No.282/43 measuring 4 acres situated at Ippadi Village, Huthridurga Hobli, Kunigal Taluk, Tumkur District as per endorsement dated 03.07.2018- Annexure-H.
2. A perusal of said endorsement would disclose that petitioner had submitted a representation to fourth respondent for entering her grandfather’s name in the revenue records of aforestated land and while considering said representation, it has been opined by fourth respondent that names of several persons appearing in the handwritten RTC extracts have been dropped/deleted and as such a committee under the Chairmanship of Member of Legislative Assembly has been constituted for the said purpose for taking up for consideration of such of those lands which have been deleted or left out for being included in the revenue records. As such it is stated that since name of the petitioner’s grandfather has also appeared in the deleted list, question of considering the representation of petitioner is only when appropriate orders is passed by the Committee.
3. Said endorsement having been issued to petitioner on 03.07.2018, petitioner ought to have sought for enforcement of said order, instead she has reiterated her prayer for issuance of khatha or revenue records being mutated in the name of her grandfather, which request has already been considered by respondents. Hence, it would suffice if a direction is issued to respondent Nos.2 and 4 to take immediate steps to consider the claim of petitioner as per the endorsement already issued on 03.07.2018 expeditiously and at any rate within six (6) months from the date of receipt of certified copy of this order.
Subject to observation made hereinabove, writ petition stands disposed of.
SD/- JUDGE DR