IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION No.44271 OF 2017 (KLR – RR/SUR) Between:
Lakshmiah S/o Nagappa Aged about 70 years R/o Talahalli Village, Nandi Hobli Chikkabalapur Taluk and District.
... Petitioner (By Sri.Praveen Kumar Raikote, Advocate) And:
1. Deputy Commissioner Chikkabalapur District Chikkabalapur – 562 101 2. The Assistant Commissioner Chikkabalapur Sub Division Chikkabalapur – 562 101 3. The Tahsildar Chikkabalapur Taluk Taluk Office, Chikkabalapur – 562 101 … Respondents (By Sri. T.L. Kiran Kumar, AGA) This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to writ of mandamus directing R-3 to consider the request of the petitioner at Annexure – A dated 24.06.2008 and etc., This Writ Petition is coming on for Preliminary Hearing this day, the Court made the following:
O R D E R Petitioner herein is said to be son of Bachalli Nagappa erstwhile owner of land bearing Sy. No.143 measuring 10 Acres at Bommanahalli Village, Nandi Hobli, Chikkaballapur Taluk and District.
2. It is the case of the petitioner that his father purchased the aforesaid extent of land under a registered sale deed in the year 1938-39 and thereafter he got the katha of the said land mutated in his name and continued to be in possession, cultivation and enjoyment of the same. It is stated that his father passed away in or around 1997-98. Thereafter, a representation was made by him to the revenue authorities to change the katha into his name. It is stated that the revenue authorities have mutated an extent of 5 Acres and 9 Guntas in Sy. No. 143 in his favour instead of 10 acres which stood in the name of his father prior to his death. Being aggrieved by the same, he preferred an appeal before the Assistant Commissioner, Chikkaballapur Sub-Division under Section 25 of the Karnataka Land Revenue Act, 1964. Based on that, the Assistant Commissioner is said to have issued an endorsement to Tahasildar, Chikkaballapur Taluk, on 19.12.2016 directing him to conduct the necessary proceedings for change of katha in accordance with law. The grievance of the petitioner is that inspite of said order being passed on 19.12.2016, till today, the Tahasildar, Chikkaballapura, has not taken any steps to initiate the proceedings for change of mutation of land bearing Sy. No. 143 measuring to an extent of 10 Acres situated in Bommanahalli Village, Nandi Hobli in his name. It is also stated that he approached the Deputy Commissioner of Chikkaballapur District to direct the Tahsildar for carrying out katha/mutation in his favour pursuant to the order of Assistant Commissioner dated 19.12.2016, which also is said to have been not evoked any response from the Tahsildar. Hence this writ petition.
3. Heard the learned counsel for the petitioner as well as the learned Government Advocate for the respondents.
4. In the fact situation, this court is of the view that it will be appropriate to direct the Tahasildar, Chikkaballapur Taluk, to comply the direction issued by the Second respondent – Assistant Commissioner, vide Communication dated 19.12.2016 in RRT/CR 208;2016-17 and also pursuant to the direction of the Deputy Commissioner to conduct necessary proceedings for mutating the land which stood in the name of petitioner’s father to his name and the said exercise shall be completed within 60 days from the date of receipt of certified copy of this order. It is also made clear that the said exercise shall be subject to the petitioner furnishing all the particulars regarding the extent of land having stood in the name of his father prior to his death.
Accordingly, petition stands disposed off.
Sd/- JUDGE Bsv