IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THIS THE 30TH DAY OF MARCH, 2017 BEFORE THE HON’BLE MR.JUSTICE RAVI MALIMATH WRIT PETITION NO.57992 OF 2016(KLR-RES) BETWEEN :
M.K. Anitha W/o H.Gopi Aged about 40 years No.7/8, Ramakrishna Street 2nd Cross, Sheshadripuram Bengaluru-560 020.
… Petitioner (By Sri K.N. Nitish, for Sri K.V.Narasimhan, Advocates) AND :
1. State of Karnataka Represented by it’s Secretary to Revenue Department Vidhana Soudha Bengaluru-560 001.
2. The Tahasildhar Bengaluru North (Additional) Taluk Vikasa Soudha, Bengaluru-560 001.
… Respondents (By Smt. Pramodhini Kishan, HCGP) This writ petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dated 19.10.2016 issued by the R-2 vide Annexure-F, to direct the R-2 to enter the name of the petitioner in the Revenue records of Sy.No.12/2 of Doddabettahalli Village, Yelahanka Hobli, Bengaluru North (Additional) Taluk by considering the representation dated 7.9.2016 vide Annexure-E.
This writ petition coming on for preliminary hearing in ‘B’ Group this day the Court made the following:-
O R D E R Petitioner seeks to challenge the endorsement at Annexure-F, dated 19.10.2016 by which the plea of the petitioner has been rejected on various grounds. Hence, the present petition.
2. Petitioner’s counsel contends that the Tahsildar committed an error in issuing the impugned endorsement.
3. However, the learned Government Advocate contends that the endorsement has been issued based on the facts and circumstances of the case. Even otherwise, the impugned endorsement is appealable to the Assistant Commissioner under Section 136(2) of the Land Revenue Act (‘Act’ for short).
4. Petitioner’s counsel contends that it is not an order but it is only an endorsement.
5. In view of the said submission, the impugned endorsement is deemed to be an order passed under Section 129(7) of the Act. In so holding the petitioner is permitted to file an appeal before the Assistant Commissioner under Section 136(2) of the Act within eight weeks from today. If such an appeal is filed, the Assistant Commissioner shall consider the same on merits and in accordance with law with reference to delay.
Petition is disposed off accordingly.
*ck/-
SD/- JUDGE