IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.17471/2018 (KLR-RES) BETWEEN Mr. LAKSHMIKANTH S/O. LATE RAMANAJUAIAH, AGED ABOUT 60 YEARS, R/AT NAGALAPURA VILLAGE, BELLUR HOBLI, NAGAMANGALA TALUK, MANDYA DISTRICT- 571 432 ... PETITIONER (BY SRI N SURENDRA KUMAR, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER MANDYA DISTRICT, MANDYA 571 401 2. THE ASSISTANT COMMISSIONER PANDUPURA SUB-DIVISION, PANDUPURA 571 434 3. THE TAHASILDAR NAGAMANGALA TALUK, NAGAMANGALA 571 432 ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO MAKE OUT THE KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF THE LAND MEASURING TO AN EXTENT OF 2 ACRES AND 15 GUNTAS IN SURVEY No.59 OF NAGALAPURA VILLAGE, BELLUR HOBLI, NAGAMANAGALA TALUK, MANDYA DISTRICT, CONSIDERING THE MAHAZAR AND LETTER ADDRESSED BY THE REVENUE INSPECTOR TO THE THIRD RESPONDENT TAHASILDAR PRODUCED AT ANNEXURES - M & N AND SO ALSO THE REPRESENTATION PRODUCED AT ANNEXURE-P.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for the respondents.
2. The petitioner herein is seeking direction to the respondents to consider his prayer for registering khata in his name in respect of the land measuring to an extent of 02 Acres 16 guntas (stated as 02 Acres 15 guntas in the prayer portion of the petition) in Sy. No.59 situate in Nagalapura village, Bellur hobli, Nagamangala Taluk, Mandya District, by considering the mahazar and letter addressed by the Revenue Inspector to the third respondent – Tahasildar produced vide Annexures ‘M’ and ‘N’ respectively to the petition and also the representation of the petitioner vide Annexure ‘P’ to the petition.
3. It is the case of the petitioner that he is an archaka of the Kodi Madavaswamy Temple, which owned the land measuring to an extent of 02 Acres 16 guntas in Sy. No.59 situate in Nagalapura village. After coming into force of the Mysore (Religious and Charitable) Inams Abolition Act, 1955, the said land had vested to the Government. According to the petitioner, his ancestors were in possession and enjoyment of the said land since several centuries and thereafter, his father was in possession and cultivation of the same. After the death of his father, he continued in possession and cultivation of the land in question. He has pointed out that pahani/s for the year 1968 onwards reflect the name of ‘Kodi Madavaswamy Temple’ in column No.9 and the name of petitioner’s father, ‘Ramanujaiah’ in column No.12(2) as cultivator of the said land. In that behalf, copies of RTC are produced as per Annexures ‘A’ to ‘F’ to the petition and copies of receipts for having paid kandayam in respect of the said land are produced as per Annexures ‘G’, ‘H’, ‘J’ and ‘K’ respectively, to the petition.
4. It is stated that the petitioner made an application to third respondent - Tahasildar on 16.01.1986 (Annexure ‘L’ to the petition) seeking grant of the land in question. Subsequently, Revenue Inspector has drawn mahazar vide Annexure ‘M’ to the petition. The grievance of the petitioner is that he has made one more representation to the third respondent – Tahasildar on 07.04.2017 (Annexure ‘P’ to the petition) seeking grant of the land and respondents have not taken any action in that regard. The petitioner relying upon the said mahazar, wherein some of the villagers have expressed their no objection for effecting change of khata of the said land in his favour and the letter dated 20.01.2016 (Annexure ‘N’ to the petition) addressed by Revenue Inspector to third respondent – Tahasildar, is seeking direction to the respondent – authorities as stated above.
5. Heard learned counsel for the petitioner and learned Additional Government Advocate appearing for the respondents. Perused the material on record.
6. When the material available on record is looked into, this Court find that no grounds are made out for consideration of the prayer of the petitioner to effect khata in his name in respect of the land in question. Hence, the question of issuing mandamus to the respondent - Authorities as sought by the petitioner does not arise. However, this order will not preclude the petitioner from approaching the City Civil Court or any other Authority to establish his continuous possession in respect of the land in question from the year 1968 and consequently, seeking to regularize his unauthorized possession and cultivation in respect of the said land in accordance with law.
7. Reserving the aforesaid liberty to the petitioner, this Writ Petition is disposed of.
8. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma