IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.25983/2017 (LR-RES) BETWEEN NARAYANASWAMY S/O PILLAPPA T., SINCE DECEASED REP.BY HIS LRS.
1. PADMAMMA W/O NARAYANASWAMI AGED ABOUT 48 YEARS, 2. KISHOR S/O NARAYANASWAMY, AGED ABOUT 28 YEARS, 3. PRATHAP S/O NARAYANASWAMY, AGED ABOUT 23 YEARS, ALL ARE R/AT BHEEMAPURA VILLAGE, SHIVANAPURA, NANDAGUDI HOBLI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT - 562 122. ... PETITIONERS (By Sri SHARATH S.GOWDA, ADV.) AND 1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S.BUILDING, BANGALORE - 560 001, REP BY ITS SECRETARY.
2. THE ASSISTANT COMMISSIONER, HOSKOTE TALUK, HOSKOTE, BANGALORE RURAL DIST.- 562 122.
3. THE TAHSILDAR HOSKOTE TALUK HOSKOTE BANGALORE RURAL DIST.-562 122. ... RESPONDENTS (By Smt.B.P.RADHA, AGA FOR R1-R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUSH THE ENDORSEMENT DT.11.4.2017 ISSUED BY TAHASILDAR [R-3] IN LRF-79 A & B.C.R 218/2016-17 VIDE ANNEXURE-A AND TO DIRECT THE R-3 TO ISSUE HAKKUPATHRA [FORM NO.10] IN FAVOUR OF THE PETITIONER IN PURSUANCE OF THE ORDER DTD:5.3.2004 PASSED BY THE LAND TRIBUNAL IN CASE NO.LRF 1833, 1832, 1863/74-75 IN RESPECT OF LAND MEARUING 3 ACRES 3 GUNTAS IN SY NO.23 OF CHINNANDAHALLI VILLAGE, JADIGENAHALLI HOBALI, HOSKOTE TALUK, BANGALORE RURAL DISTRICT CONSEQUENTLY EFFECT KHATHA IN FAVOUR OF THE PETITIONER.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Additional Government Advocate takes notice for the respondents.
2. Husband of petitioner No.1 and father of petitioner Nos.2 & 3 - Sri Narayanaswamy, son of Pillappa, was granted occupancy rights by the Land Tribunal, Hoskote on 05.03.1994 in case No.LRF.1832, 1833, 1863/74-75 in respect of land measuring 3 acres 3 guntas comprised in Sy.No.23 of Chinnandahalli Village, Jadigenahalli Hobli, Hoskote Taluk, Bengaluru Rural District. It is the case of the petitioners that order granting occupancy rights in respect of 3 acres 3 guntas of land in Sy.No.23 in favour of Narayanaswamy has attained finality. It is their further case that in spite of repeated request made to the Land Tribunal and to the Tahsildar, Hoskote Taluk, to issue occupancy certificate, petitioners have not been issued with Form No.10 pursuant to the order passed by the Land Tribunal on 05.03.1994.
3. Learned counsel for the petitioners submits that by the impugned endorsement – Annexure-A dated 11.04.2017, the Tahsildar has informed the petitioners that occupancy certificate could not be issued as records involved in the case were required to be sent to High Court in connection with W.P.No.47867/2011. He further submits that the said writ petition has nothing to do with the land for which occupancy right has been granted in favour of Narayanaswamy – father of petitioners 2 & 3. It is contended that the said writ petition has been disposed of on 31.05.2017 and therefore, the Tahsildar – respondent No.3 may be directed to consider the request of the petitioners for issuance of occupancy certificate.
4. Learned Additional Government Advocate, on instructions, submits that W.P.No.47867/2011 has since been disposed of, hence the Tahsildar will consider the request and take necessary legal action in accordance with law within six months from the date of receipt of a copy of this order.
5. In the light of the submission of the learned Additional Government Advocate, this writ petition is disposed of with a direction to respondent No.3 – Tahsildar, Hoskote, to consider the request of the petitioners for issuance of occupancy certificate pursuant to the order passed by the Land Tribunal vide Annexure-B as expeditiously as possible, at any rate, within an outer limit of six months from the date of receipt of a copy of this order.
Learned Additional Government Advocate is permitted to file memo of appearance for the respondents within three weeks from today.
Sd/- JUDGE PKS