IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION No.44007 OF 2018 (LR) BETWEEN:
Smt. Rajamma W/o Late Thoti Venkatappa, Aged about 62 years, R/at Kurudu Sonnenahalli Grama, Virgonagara Post, Bangalore East Taluk, Bangalore-560049. ...Petitioner (By Sri.Hanumantharaya D, Advocate) AND:
1. Principal Secretary of Revenue Department, M.S.Building, Dr.Ambedkar Veedhi, Bangalore-560001.
2. The Deputy Commissioner, Bangalore Urban District, K.G.Road, Bangalore-560009.
3. Land Tribunal, Bangalore North Taluk, Represented by its Chairman, Asst. Commissioner, Bangalore North Taluk, K.G.Road, Bangalore-560009.
4. The Tahsildar, Bangalore East Taluk, K.R.Puram, Bangalore-560036. ...Respondents (By Sri. B.S.Budihal, HCGP for respondents) This Writ Petition is filed under Articles 226 & 227 of Constitution of India, to direct the respondents to issue the Form No.10 in favour of the petitioner herein by virtue of order dated 08.05.1979 in LRF case No.LRF (B) PS 37/708/76-77 vide Annexure-B., This petition is coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:
ORDER Petitioner is claiming to be the wife of Thoti Venkatappa who was conferred with occupancy rights in respect of land measuring 1 acre 19 guntas in Sy.No.7 of Dommasandra Village, Bidarahalli Hobli, Hoskote Taluk, pursuant to the application filed in Form No.7 by him under Section 48(A)(1) of the Karnataka Land Reforms Act,1961.
2. It is the grievance of the petitioner that no Form No.10 is issued by the respondents despite the order passed by the Land Tribunal, Hoskote Taluk dated 08.05.1979 in LRF(B)PS 37/708/76-77 and the repeated requests made by the petitioner.
3. Learned Additional Government Advocate submits that though the order of the Land Tribunal referred to aforesaid has reached finality, no required premium was paid by the petitioner and no representation was made before the concerned authorities for seeking Form No.10.
4. Having regard to the facts and circumstances of the case as aforesaid, this Court deems it appropriate to direct the petitioner to make a representation before the Tahsildar- respondent No.4 for issue of the Form No.10, pursuant to the order dated 08.05.1979 passed by the Land Tribunal. If such representation is made, the same shall be considered by the respondent No.4 in accordance with law in an expedite manner, preferably within the period of eight weeks from the date of receipt of the representation and the same shall be subject to all just exceptions.
With the aforesaid observations and directions, writ petition stands disposed of.
Sd/- JUDGE JS/-