IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.36482/2018(KLR-RES) BETWEEN MRS. KHAIRUNNISSA W/O MR SYED IMAM AGED ABOUT 71 YEARS R/AT RAMADEVANAHALLI VILLAGE MADHURE HOBLI, DODDABALLAPURA TALUK BANGALORE RURAL DISTRICT -561205 ... PETITIONER (BY SRI R SRINIVASA GOWDA, ADVOCATE) AND THE TAHASILDAR DODDABALLAPUR TALUK, DODDABALLAPUR BANGALORE RURAL DISTRICT- 561203 (BY SRI VENKATESH DODDERI, AGA) ... RESPONDENT THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DTD 23.10.2017 AS PER ANNEXURE-C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking a direction to respondent - Tahsildar to implement the order of Assistant Commissioner, Doddaballapur Sub Division, Doddaballapur, in proceedings bearing No.RA(DBP) 188/2017-18 dated 21.10.2017, at Annexure-C, wherein the Assistant Commissioner has allowed the said proceedings in directing the Tahsildar to conduct an enquiry and pass appropriate orders regarding the petitioner’s prayer for rectification of errors in RTC in respect of property bearing No.54/4 measuring 1 acre 21 guntas situated at Ramadevanahalli village, Madhure Hobli, Doddaballapur Taluk.
2. Heard the learned counsel for the petitioner and the learned Additional Government Advocate. Perused the order passed by the Assistant Commissioner. In the said order the Assistant Commissioner has directed the Tahsildar to conduct an enquiry as per the order of the Deputy Commissioner vide letter dated 18.12.2015 in proceedings No.RRT(PHADA) CR.8/2015-16 and pass appropriate orders with reference to the lands in question within three months from the date of intimation of the said order. However, till to-day no order is passed.
3. In that view of the matter, this writ petition is disposed of. The respondent – Tahsildar is hereby directed to comply with the order of the Assistant Commissioner dated 21.10.2017 within three months from the date of receipt of a copy of this order. It is made clear that if this order is not complied within the time granted, it is open for the petitioner to approach the Contempt Court against the respondent – Tahsildar for inaction in complying with this direction which is issued in directing him to comply the order of the Assistant Commissioner.
4. Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
nd/-
Sd/- JUDGE