IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.14773/2018 & 14774/2018 (KLR RR/SUR) BETWEEN:
1. M THIMMAPPA S/O MUTHUVENKATAPPA AGED ABOUT 63 YEARS 2. M T VENKATARAJU S/O M THIMMAPPA AGED ABOUT 32 YEARS RESIDING AT NO.535, MEGALA BEEDI 2ND MAIN ROAD, KENGERI BENGALURU – 560060. ... PETITIONERS (BY SRI K P JAYASIMHA, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT VIDHANA SOUDHA, BENGALURU 560001.
2. THE DISTRICT COMMISSIONER BANGALORE DISTRICT K G ROAD, KANDAYA BHAVANA BENGALURU – 560009.
3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION K G ROAD, KANDAYABHAVANA BENGALURU - 560009 4. THE TAHASILDAR BANGALORE SOUTH TALUK K G ROAD, KANDAYABHAVANA BENGALURU – 560009.
5. THE REVENUE INSPECTOR NADAKACHERE, TAVAREKERE TAVAREKERE CIRCLE, BENGALURU SOUTH TALUK BENGALURU – 560091. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE APPLICATION / REPRESENTATION DATED 2.3.2018 VIDE ANNEX-E FOR CHANGE OF THE KATHA IN LAND BEARING SY. NO. 66, MEASURING 1 ACRE 10 1/2 GUNTAS, SITUATED AT TAVAREKERE VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU IN FAVOUR OF THE PETITIONERS.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned AGA for the Respondents-State files a Memo along with a copy of the Endorsement dated 16.07.2018, wherein it is stated that the petitioners’ prayer for change of ‘Khata’ cannot be considered in view of the land in question being converted from agricultural to non-agricultural land and the question of entering the name in Revenue records does not arise.
2. In that view of the matter, these writ petitions are disposed of reserving liberty to the petitioners to seek appropriate relief before the concerned authority.
No costs.
Learned AGA to file Memo of Appearance within two weeks from today.
Sd/- JUDGE Srl.