IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF OCTOBER, 2017 B E F O R E THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION NO.37150 OF 2017 (KLR-RES) BETWEEN:
SMT.MUNIRATHNAMMA W/O VENKATARAYAPPA D/O LATE VENKATAMMA AGED ABOUT 66 YEARS R/AT NO.22, WARD NO.22, SHANTHINAGAR SOUTH EXTENSION DEVANAHALLI TOWN BANGALORE RURAL DISTRICT. … PETITIONER (BY SRI NARAYANA SWAMY P.M., ADV.) AND:
1. THE STATE OF KARNATAKA REVENUE DEPARTMENT BY ITS SECRETARY VIDHANA SOUDHA BANGALORE – 560 001.
2. THE LAND GRANT COMMITTEE DEVANAHALLI TALUK DEVANAHALLI BANGALORE RURAL DISTRICT – 560 012 REP BY ITS CHAIRMAN 3. TAHASILDAR/SECRETARY TO LAND GRANT COMMITTEE DEVANAHALLI TALUK DEVANAHALLI – 560 012 … RESPONDENTS (BY SRI KIRAN KUMAR.T.L., AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO CONSIDER THE APPLICATION DATED 12.06.1991 VIDE ANNEXURE – D, AS EXPEDITIOUSLY AS POSSIBLE.
THIS WRIT PETITION IS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri Kiran Kumar T.L., learned AGA accepts notice for respondent Nos.1 to 3.
2. This writ petition is filed seeking direction to the 2nd respondent to consider the application of the mother of the petitioner seeking regularization of her possession and cultivation of land bearing Sy. No.393 of Devanahalli, Kasaba Hobli, Bangalore Rural District. It is stated that the petitioner and her mother are in possession and enjoyment and are cultivating the said land since 1981. Though application is filed seeking regularization, same is stated to be not considered.
3. However, when Annexure-A produced before the Court is perused, it is seen that name of the mother of the petitioner is already registered as Kabjedar in Column Nos. 9 and 12 of RTC.
4. Learned AGA would submit that this entry is without any order and hence calls for enquiry into the matter.
Accordingly, this writ petition is disposed of with a direction to the jurisdictional Deputy Commissioner to conduct enquiry into the entries made in RTC with reference to the land bearing Sy. No.393 of Devanahalli Taluk, Kasaba Hobli, for the year 1984-85 onwards, showing the petitioner’s mother as cultivator. If it is found that the name of the petitioner’s mother is inserted clandestinely, the Deputy Commissioner of Bangalore Rural District shall take action on the concerned Officer who is responsible for such insertion and thereafter pass appropriate orders on the application filed seeking regularization. The said exercise shall be completed within three months from today.
sac* Sd/- JUDGE