IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.33054/2018(KLR-RES) BETWEEN 1. SHRI. KODANDARAMA S/O LATE N. RAMAIAH, AGED ABOUT 79 YEARS, OCC: AGRICULTURE, R/AT "B" 1ST BLOCK, VEMGAL, VEMGAL HOBLI, KOLAR TALUK AND DISTRICT.
2. SHRI. NARAYANASWAMY S/O. LATE N. RAMAIAH, AGED ABOUT 72 YEARS, OCC: AGRICULTURE, R/AT MADANAHALLI, SUGATUR HOBLI, KOLAR TALUK AND DISTRICT-563 101.
3. SHRI. VENKATESH GOWDA S/O. LATE N. RAMAIAH, AGED ABOUT 76 YEARS, OCC: AGRICULTURE, R/AT MADANAHALLI, SUGATUR HOBLI, KOLAR TALUK AND DISTRICT-563 101.
4. SHRI. NANJUNDA GOWDA S/O LATE N. RAMAIAH, AGED ABOUT 63 YEARS, OCC: AGRICULTURE AND ADVOCATE, R/AT NO. 718, 2ND "A" MAIN, OMBR LAYOUT, BENGALURU-560 043.
5. SHRI. ASWATH GOWDA S/O. LATE N. RAMAIAH, AGED ABOUT 58 YEARS, OCC: AGRICULTURE, R/AT MADANAHALLI, SUGATUR HOBLI, KOLAR TALUK AND DISTRICT-563 101.
6. SHRI. VIJAYA KUMAR. M S/O LATE N. RAMAIAH, AGED ABOUT 32 YEARS, OCC: AGRICULTURE, R/AT MADANAHALLI, SUGATUR HOBLI, KOLAR TALUK AND DISTRICT-563 101. ... PETITIONERS (BY SRI G A SRIKANTE GOWDA, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF LAND REVENUE, VIKASA SOUDHA, BENGALURU-560 001.
2. THE TAHSILDAR KOLAR TALUK, KOLAR-563 101. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO CONSIDER THE REPRESENTATION (ANNEXURE-G) OF THE PETITONERS AND TO INITIATE LEGAL PROCEEDINGS FOR THE TRANSFER OF THE KHATHA AND THE REVENUE ENTRIES IN THE NAMES OF THE PETITIONERS, WITH RESPECT TO THE LANDS WHICH ARE DESCRIBED UNDER THE SCHEDULES (ANNEXURES-A TO F) AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners herein are seeking writ of mandamus to 2nd respondent to consider their request for transfer of katha and other revenue entries in the name of petitioners pursuant to the partition, which has taken place in their family.
2. Admittedly, the petitioners are all members of same family. According to them, the properties of the family was subject matter of lis in OS.No.379/2014 on the file of Senior Civil Judge, Kolar, where in Lok Adalath the dispute between the parties is resolved at the intervention of the learned Senior Civil Judge and the Counsel appearing for both the parties. It is pursuant to the Decree in the said original suit they have applied for change of katha of the lands which are fallen to the share of each of the petitioners. Since their application was not considered for long time, they have come up in this writ petition seeking direction to 2nd respondent – Tahsildar of Kolar.
3. Mrs.L.Gayathri, the Tahsildar of Kolar Taluk, is present before the Court. She would submit that the documents which are produced by the petitioners are taken into consideration, check-list is prepared and notice is already displayed on the Notice Board for change of katha. She would further submit that statutorily 21 days is required to be given for any objections to be raised with reference to change of katha and after the completion of said statutory period, if there are no objections, they would pass appropriate orders for effecting change of katha of the properties of the petitioners pursuant to the decree passed in OS.No.379/2014 on the file of Senior Civil Judge, Kolar.
4. The said submission of the Tahsildar of Kolar Taluk is placed on record.
5. Accordingly, this writ petition is disposed of. It is made clear that if change of katha is not effected even after there being no objection raised by anybody within 15 days after completion of the statutory period of 21 days, it is open for the petitioners to approach the Contempt Court for non compliance of the undertaking given before this Court.
Sd/- JUDGE nd/-