IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.3072/2019 (KLR RR/SUR) BETWEEN L. MUKTHAR AHMED @ MUKHTIAR AHMED, AGED ABOUT 43 YEARS, S/O. MOHAMMAD UBEDULLAH, RESIDING AT 1ST CROSS, PAPA HOUSE ROAD, BELUR TALUK, HASSAN DISTRICT. ... PETITIONER (BY SRI H.C.SHIVARAMU, ADV.) AND 1. THE STATE OF KARNATAKA, BY ITS COMMISSIONER FOR REVENUE, VIDHANA SOUDHA, DR. B R AMBEDKAR ROAD, BANGALORE – 560001, REP. BY ITS SECRETARY.
2. THE TAHSILDAR, SHIVAMOGGA TALUK, SHIVAMOGGA-577201.
3. THE ASSISTANT COMMISSIONER, SHIVAMOGGA SUB DIVISION, SHIVAMOGGA-577201.
4. THE DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA-577201. ... RESPONDENTS (BY SRI MAHANTHESH.T.S., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT OF PROHIBITION, PROHIBITING THE R-2 FROM EFFECTING MUTATION IN RESPECT OF THE SCHEDULE LAND, WITHOUT NOTICE TO THE PETITIONER ETC.
THIS PETITION COMING ON FOR ‘PRELIMINARY HEARING’ THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned Addl. Govt. Advocate accepts notice for respondents.
2. The grievance of the petitioner is that the revenue authorities may propose to enter the name of the Government in the revenue records deleting the name of the petitioner who is the absolute owner of the property in question without hearing him, before effecting such mutation as experienced by the petitioner’s ancestors earlier.
3. It appears, it is only an apprehension of the petitioner that the respondent No.2 may propose to effect the mutation in respect of the property in question without hearing the petitioner. However, to allay the apprehension of the petitioner, this court finds it appropriate to direct the respondent No.2 to provide an opportunity of hearing to the petitioner if such an action has to be initiated for effecting change of mutation relating to the land in question.
With the aforesaid observations, the writ petition stands disposed off.
Sd/- JUDGE Chs* CT-HR