IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE G.NARENDAR WRIT PETITION Nos.15826-15838/2018 (KLR-RES) BETWEEN:
1. LOURDU SWAMY GRAND S/O SHRI KUSHANIYAGAPPA [LATE] S/O LATE CHINNASWAMY AGED ABOUT 40 YEARS 2. ANTHONY RAJU S/O SHRI CHINNASWAMY [LATE] AGED ABOUT 46 YEARS 3. ANITHA JOE D/O SHRI CHINNASWAMY [LATE] AGED ABOUT 44 YEARS 4. ANITHA MARY.C.
D/O SHRI CHINNASWAMY [LATE] AGED ABOUT 42 YEARS 5. MARAMMA W/O SHRI CHINNASWAMY [LATE] AGED ABOUT 65 YEARS 6. PETER ABHILASH S/O SHRI ANTHONY JOSEPH [LATE] GREAT GRANDSON OF SHRI KUSHANIYAGAPPA [LATE] AGED ABOUT 22 YEARS 7. THERESSA W/O SHRI ANTHONY JOSEPH [LATE] AGED ABOUT 48 YEARS 8. IGNASI MUTHU S/O SHRI KUSHNIYAGAPPA [LATE] AGED ABOUT 68 YEARS 9. LEEMA RANI D/O SHRI IGNASI MUTHU AGED ABOUT 36 YEARS 10. BALU PRASHANT S/O SHRI IGNASI MUTHU AGED ABOUT 29 YEARS 11. JAMES PUNITH S/O SHRI IGNASI MUTHU AGED ABOUT 25 YEARS 12. Y.ANGELA D/O SHRI KUSHANIYAGAPPA [LATE] AGED ABOUT 78 YEARS 13. SR.CATHERINE D/O SHRI KUSHANIYAGAPPA [LATE] AGED ABOUT 78 YEARS ALL ARE RESIDENTS AT NO.460, CHURCH STREET, BEGURU POST, BENGALURU – 560068.
... PETITIONERS (BY SRI.SHANMUKHAPPA, ADV.) AND:
1. THE TAHSILDAR BENGALURU SOUTH TALUK BENGALURU – 560 002.
2. SHRI G.NANDA KUMAR S/O SHRI GURUSWAMY NO.341, NEW NO.2204, 12TH FLOOR, 3RD BLOCK, EAST JAYANAGAR, BENGALURU – 560 004.
... RESPONDENTS (BY SRI S.CHANDRASHEKARAIAH, HCGP FOR R1 SRI C.V.ANNAIAH, ADV. FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.1 TO RESTORE ENTRIES IN MR NO.13/1992-93 IN THE NAME OF THE ORIGINAL OWNER KUSHANIYAGAPPA IN RESPECT OF LAND BEARING SY.NO.266/1 MEASURING 18 GUNTAS SITUATED AT BEGUR VILLAGE AS PER REPRESENTATION DATED 01.05.2017 VIDE ANNEX-A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Sri Shanmukhappa, learned counsel for the petitioners.
2. The instant writ petitions are preferred praying for issuance of writ of mandamus directing the first respondent to restore the entries of MR No.13/1992-93 in the name of original owner in respect of land bearing Sy.No.266/1 measuring 18 guntas situated at Begur Village by considering the representation dated 01.05.2017 produced as per Annexure-A.
3. On perusal of the said representation it is apparent that the original authority has already carried out mutation of the entries and thereby entered the name of one G.Nandakumar and the same was preceded by the entry of his vendor one Marisusai Nalapaty.
4. It is the case of the petitioners that the entries are illegal and bad as there is no document evidencing the sale of the said land by his father. Be that as it may, the recipient of the representation namely the Tahsildar is not vested with the powers of review or revision and that apart if the petitioners are aggrieved by the entries, they are provided with a remedy under the provision of Section 136 of the Karnataka Land Revenue Act, 1964, more particularly, sub-section 2 of Section 136. In that view of the matter, the petitions are not maintainable.
Petitions stand disposed of with the above observation.
SD/- JUDGE DKB