IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.7/2019 (KLR-RR/SUR) BETWEEN:
SMT. PARVATHAMMA AGED ABOUT 59 YEARS W/O LATE CHIKKAMARIGOWDA R/AT BARADANAHALLY VILLAGE KASABA HOBLI, KANAKAPURA TALUK, RAMANAGARAM DIST PIN - 562 119.
...PETITIONER (BY SRI. NARASIMHA MURTHY K, ADVOCATE) AND:
1 . STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. B.R. AMBEDAKAR VEEDI BENGALURU - 560 001.
2 . THE DEPUTY COMMISIONER OFFICE OF THE DEPUTY COMMISSIONER RAMANAGARA - 575 511.
3 . THE TAHASHILDAR OFFICE OF TALUK OFFICE KANAKAPURA, RAMANAGARA DIST., PIN - 562 117.
(BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ENTER THE NAME OF PETITIONER IN THE REVENUE RECORDS AS PER THE APPLICATION DATED:02.06.2018 FILED BY PETITIONER WHICH IS PRODUCED AS ANNEXURE-D.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed in Preliminary Hearing ‘B’ Group, by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Heard Sri.Narasimha Murthy.K, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned AGA appearing for respondent Nos.1 to 3. Perused the case papers.
3. 5 acres of land in Sy.No.40 situated at Baradanahalli Village, Kasaba Hobli, Kanakapura Taluk, Ramanagara District, came to be granted on 15.06.1954 in favour of Sri.Byregowda (father in law of petitioner) and saguvali chit also came to be issued on 09.1.1962 vide Annexure-A. On such grant being made, name of grantee was not entered in the revenue records and as such petitioner is said to have submitted representation to third respondent to enter her name in the record of rights vide representation dated 02.06.2018-Annexure-D. Third respondent has called upon the Revenue Inspector to submit a report, which was accordingly submitted vide Annexure-F dated NIL. Further report has also been submitted on 21.07.2018–Annexure-G by the Revenue Inspector to Tahsildar, which reports are in favour of petitioner.
4. In the meanwhile, some of the villagers are said to have objected to the name of petitioner being entered in the revenue records, which fact has also been reported or indicated by the Village Accountant in his reports as per Annexure-H. Revenue Inspector by his report dated 26.02.2018-Annexure-J has sent similar report to third respondent and as such name of petitioner has not been entered in the revenue records.
5. Sri.Y.D.Harsha, learned AGA appearing for respondents submits that 5 acres of land in Sy.No.40 had been granted in favour of Sri.Byregowda and saguvali chit had also been issued in his favour. It is further stated that from the date of grant till date khatha of said land was not mutated in the name of grantee. It is now submitted that steps are being taken by third respondent to examine the claim of petitioner and within a period of 1 month outcome of the decision taken would be intimated to the petitioner. His submission is placed on record.
6. In the light of submission made by learned AGA, which has been placed on record, third respondent is directed to consider the representation/application dated 02.06.2018-
Annexure-D submitted by petitioner and pass appropriate orders in accordance with law expeditiously and at any rate within an outer limit of 2 months from the date of receipt of copy of this order.
SD/- JUDGE DR