IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NOs.28399-28404/2019(KLR-RR/SUR) BETWEEN 1. SMT MANJULA W/O CHANNAKRISHNA D/O LATE KRISHNAPPA & VIJIYAMMA AGED ABOUT 55 YEARS R/AT MANDUR VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK BANGALORE URBAN DISTRICT - 560049 2. SMT SUJATHA W/O DEVARAJU D/O LATE KRISHNAPPA & VIJIYAMMA AGED ABOUT 52 YEARS R/AT SAHAKARA NAGAR BANGALORE – 560 096 3. SMT GUNASHEELA D/O LATE KRISHNAPPA & VIJIYAMMA W/O VIJAYAKUMAR AGED ABOUT 49 YEARS R/AT NEAR BSNL TOWER, BUDIGERE VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK BANGALORE RURAL DISTRICT 4. SRI KESHVAMURTHY S/O LATE KRISHNAPPA & VIJIYAMMA AGED ABOUT 47 YEARS R/AT MANDUR VILLAGE BIDARAHALLI HOBLI, BANGALORE EAST TALUK BANGALORE URBAN DISTRICT – 560 049 PRESENTLY R/AT NO 1/5, 2ND CROSS, 2ND MAIN ROAD, NANJAPPA LAYOUT VIDYARANYAPURA BANGALORE – 560 097 5. SMT CHANDRIKA D/O LATE KRISHNAPPA & VIJIYAMMA W/O NARAYANASWAMY AGED ABOUT 42 YEARS R/AT BEHIND KEB NEAR RAVINDRA SWAMY KALYANA MANTAPA HOSKOTE TOWN 6. SRI RAMAMURTHY AGED ABOUT 38 YEARS S/O LATE GOPALAPPA R/AT MANDUR VILLAGE BIDARAHALLI HOBLI, BENGALURU EAST TALUK BENGALURU URBAN DISTRICT ... PETITIONERS (BY SRI PRASANNA KUMAR P, ADVOCATE) AND 1. STATE OF KARNATAKA VIDHANA SOUDHA BANGALORE -01 REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, 2. SRI N RAJASHEKAR S/O LATE M V NARAYANASWAMY 3. SRI N CHANDRASHEKAR S/O LATE M V NARAYANASWAMY 4. SRI N MUNEGOWDA S/O LATE M V NARAYANASWAMY RESPONDENT NOs.2 TO 4 ARE RESIDENTS OF MANDOOR GRAMA BIDARAHALLI HOBLI, BANGALORE EAST TALUK BANGALORE – 560 049 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA FOR R1, R5 AND R6) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE ASSISTANT COMMISSIONER TO RESTORE THE NAME SMT.VIJAYAMMA, W/O KRISHNAPPA IN THE RTC AS PER MR NO.15/1992-93 (PRODUCED VIDE ANNEXURE-K TO THE WRIT PETITION).
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned AGA accepts notice for respondent Nos.1, 5 and 6.
2. The petitioners herein are the children of late Vijayamma who was registered as owner of the land bearing Sy.No.174/1 of Mandur village, Bidarahalli Hobli, Bangalore East Taluk, measuring to an extent of 1 acre 10 guntas. According to them, the revenue entry which was standing in the name of their mother in MR No.15/92-93 was subject matter of challenge by respondent Nos.2 to 4 herein, before the Assistant Commissioner, Bangalore North Sub-Division in R.A.(B.E.No.124/2017-18) which came to be allowed by order dated 07.01.2019.
3. The said order of Assistant Commissioner dated 07.01.2019 is admittedly challenged by petitioner No.6 in RP No.27/2019 where it is stated that he secured an interim order of stay of the order of the Assistant Commissioner on 19.01.2019. It is further stated that in spite of order of the Assistant Commissioner being stayed in Revision Petition before the Deputy Commissioner – respondent No.6-Speical Tahsildar, K.R.Puram, Bangalore, is said to have carried out certain changes in the mutation register in registering the property which stood in the name of Smt.Vijayamma vide M.R.No.15/92-93 to the name of father of respondents-2 to 4 herein late M.V.Narayanaswamy. This order is under challenge in these writ petitions.
4. However, when these matters came up for consideration, learned AGA would bring to the notice of this Court that the said entry is erroneous and the same would be corrected in bringing it back to the name of Smt.Vijayamma as it stood on the date of interim order passed in Revision Petition before the Deputy Commissioner and the same would be effected within one week from today. In that view of the matter, this Court is of the opinion that the present writ petitions can be disposed of in directing respondent No.6-Special Tahsildar to restore M.R.No.15/1992-93 of Sy.No.174/1 to the position in which it was as on the date of interim order granted in R.P.No.27/2019.
5. On such submission of the learned AGA appearing on behalf of respondents-1, 5 and 6, the writ petitions are disposed of. A copy of this order be sent to the office of the Deputy Commissioner where R.P.No.27/2019 is pending to enable respondents-2 to 4 are aware of this order being passed in these writ petitions.
6. Learned AGA would submit that in these proceedings, as could be seen from the records Annexure- W order of respondent No.5-Assistant Commissioner has already been communicated to respondent No.6-Special Tahsildar to rectify the mistake committed in mutating the property in question in the name of late M.V.Narayanaswamy.
7. Learned AGA is permitted to file memo of appearance within two weeks.
Sd/- JUDGE TL