IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.57678/2018 (KLR-RR/SUR) BETWEEN:
MR. KULBANDHU RAM ADARSH SHARMA S/O LATE RAM ADARSH AMINCHAND SHARMA AGED ABOUT 81 YEARS RESIDING AT NO.10, SHRUNGAR SOCIETY PARLE POINT, ATHVA LINES, SURAT – 395 007.
(BY SRI. SUHAAS R SHENOY, ADVOCATE ON BEHALF OF SRI. NIKIT BALA, ADVOCATE) AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY THE TAHSILDAR BENGALURU NORTH TLAUK NO.15, 4TH FLOOR, YELAHANKA BANGALORE – 560 064.
2 . THE TAHSILDAR BENGALURU NORTH TALUK NO.15, 4TH FLOOR, YELAHANKA BANGALORE - 560 064.
3 . THE ADDITIONAL DIRECTOR OF LAND RECORDS DEPARTMENT OF SURVEY SETTLEMENT AND LAND ...PETITIONER RECORDS NO.1, REVENUE SURVEY OFFICE, NEW BUILDING, 2ND FLOOR MYSORE BANK ROAD, K.R. CIRCLE BANGALORE - 560 001.
…RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE PETITIONER’S REPRESENTATIONS DATED:25.05.2014 AND 16.07.2017 (ANNEXURES-D & E) AND MUTATE THE REVENUE RECORDS TO REFLECT THE NAME OF THE PETITIONER IN THE SCHEDULE PROPERTY.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUPTHIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri. Suhaas R.Shenoy learned Advocate appearing on behalf of Sri. Nikit Bala for petitioner and Sri. Y.D.Harsha, learned Government Advocate appearing for respondent Nos.1 to 3. Perused the records.
2. Petitioner is seeking for a direction to respondents to consider representations dated 25.05.2014 and 16.07.2017 vide Annexures-D and E respectively submitted to second respondent. Perusal of the records would disclose that petitioner has purchased the property measuring 8 acres 10 guntas in Sy.No.123 (old Sy.No.67) situated at Navarathna Agrahara Village, Jala Hobli, Bengaluru North Taluk under a registered sale deed dated 16.01.2006. Petitioner’s vendor has made an application before Special Deputy Commissioner to bifurcate the land in question i.e., Sy.No.67 to an extent of 16 Acres 20 guntas which is said to have been acquired by them under the family partition. Based on said application, revenue authorities carried out durasthi work and bifurcated the land and assigned new Sy.No.123. Out of an extent of 16 Acres 20 guntas, petitioner claims to have purchased 8 Acres 10 guntas.
3. After purchasing the subject land petitioner submitted an application to second respondent for mutating the revenue records. In the meanwhile a dispute came to be raised by certain other individuals challenging the durasthi proceedings and bifurcation of the Sy.No.123 to Sy.No.67 by initiating proceedings in R.A.No.365/2006 before Deputy Commissioner which is said to have been amicably settled between parties. Hence, second respondent is said to have considered the application for mutating the revenue records in the name of the petitioner in respect of property purchased by him under sale deed referred to herein supra. On account of said order having not been executed, petitioner submitted one more representation on 25.05.2014- Annexure-D and have not received any response. Hence, another representation dated 16.07.2017 vide Annexure-E came to be submitted by petitioner to second respondent. On account of non consideration of said representation, petitioner is before this Court.
4. In the light of aforestated facts and order of the Special Thasildar having been passed during the year 2012 vide Annexure-C for mutating the revenue entries in the name of petitioner, I find there is no impediment to direct the second respondent to consider the representation of the petitioner favorably.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed.
(2) Second respondent is directed to consider the representations dated 25.05.2014 and dated 16.07.2017 vide Annexures- D & E submitted by petitioner favorably within two months from the date of receipt of the copy of this order.
SD/- JUDGE RU