IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.17619-17620/2017( KLR-RES) BETWEEN 1. ROSY D’SOUZA W/O LATE SIMON PETER D’SOUZA AGED ABOUT 65 YEARS, R/AT DOOR NO.11-49 ULLAL VILLAGE, MANGALORE TALUK - 575 020.
2. LUCY MONTERIRO W/O LATE ALEXANDER MONTEIRO AGED ABOUT 63 YEARS, R/AT DOOR NO. 11-47 ULLAL VILLAGE, MANGALORE TALUK - 575 020.
(BY SRI. K.GIRIDHAR, ADVOCATE) AND TAHASILDAR MANGALORE TALUK, DAKSHINA KANNADA ... PETITIONERS DISTRICT - 575 001. ... RESPONDENT (BY SRI. T.S.MAHANTESH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO ISSUE SAGUVALI CHIT TO THE PETITIONERS AS PER THE GRANT ORDER DATED 30.09.1981 AT ANNEXUREs-A AND B GRANTED AS PER THE GOVERNMENT NOTIFICATION DATED 1.9.1977 AFTER COMPLYING THE CONDITION THEREIN AND TO DEMACRATE THE PETITIONERS LAND WITH BOUNDARIES AT ANNEXURES-A AND B FROM THE LAND IN SY.NO.187/1 6.10 ACRES AS MENTIONED IN ANNEXURE-L.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Petitioners herein have approached this Court seeking direction to respondents for issue of saguvali chit pursuant to impugned order dated 30.9.1981 in Annexures-A and B, which are issued pursuant to the Government Notification dated 1.9.1977 in RD- 105/LGP/77 and also for other reliefs In these writ petitions, they have also sought stay of notice dated 30.01.2017 in TTR:CR/315/13-14-B3/266/14-15B which is at Annexure-L.
2. When notice of these petitions was taken by the learned Additional Government Advocate on behalf of respondent, he has communicated the same to respondent-Tahsildar, who, in turn has sent the communication to the learned AGA vide No.TTR/CR38/2017-18(B) dated 19.3.2019. Copy of the same produced by the learned AGA, along with a memo in these proceedings, which would indicate that no notice is issued to petitioners herein as contended in the grounds urged for interim prayer. It is stated that said grounds are urged in anticipation as if the Authorities may initiate proceedings against the petitioner as it is done in the case of one Lakshmi, against whom the said notice is issued.
3. In the instant petitions, it is brought to the notice of this Court that inspite of demand being made to the petitioners, they have not deposited the amount as required, therefore issuance of saguvali chit is not considered. In that view of the matter, this court finds no grounds are made out to issue any directions to the respondent. It is sufficient to observe that the petitioners herein may have to approach the respondent to secure necessary challan for payment of amounts due for issuance of saguvali chit.
With said observation, these writ petitions are disposed of.
Sd/-
JUDGE ln.