Next > 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.25463/2019 (KLR-RES) BETWEEN:
SHRI. S. PUTTASWAMACHAR S/O SIDDAPPACHAR AGED ABOUT 76 YEARS OCC: AGRICULTURE R/AT MADIWALA MAJRA VISHWA NAGARA, VEMGAL HOBLI, KOLAR TALUK.
(BY SRI. G.A. SRIKANTE GOWDA, ADVOATE) ...PETITIONER AND:
1 . THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF LAND REVENUE VIKASA SOUDHA BENGALURU – 560 001.
2 . THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR.
3 . THE TAHSILDAR KOLAR TALUK, KOLAR.
…RESPONDENTS (BY SRI. Y.D. HARSHA, AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER REPRESENTATION DATED28.08.2018 ANNEXURE –G AS PER LAW.
THIS PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is seeking for a writ of mandamus to second respondent to consider his representation dated 28.08.2018-Annexure-G whereunder he has sought for substituting ‘Sy.No.90/A’ in place on ‘Sy.No.90/P1’.
2. Land bearing Sy.No.90/P1 (old No.90/A) was granted to one Sri.Meersaduddin Sabi to an extent of 8 acres and land bearing Sy.No.90 was phoded as Sy.No.90/A as per order dated 22.08.1927 bearing No.D.Dis.3/27-28 and revenue records were accordingly mutated. Subsequently, revenue records came to be mutated in the name of Smt.Mehaboobiamma, w/o Meersaduddin Sabi, who in turn sold the property in favour of Smt.Qurshida Begum under a registered sale deed dated 30.03.1961 and she inturn sold said land to four (4) persons under four different sale deeds to an extent of 2 acres each. Said persons in turn sold their lands in favour of Sri.A.C.Lakshman Murthy under four (4) different sale deeds, upon which revenue records came to be mutated in the name of Sri.A.C.Lakshman Murthry.
3. After computerization of revenue records said survey number is said to have been assigned new Sy.No.90/P1 in the name of Sri.A.C.Lakshman Murthy and on his demise upto year 2016-17 revenue entries have been changed to the names of his legal representatives-Sri.L.Lokesh Babu and others. Petitioner, who is said to have entered into an agreement to purchase the land, had filed a suit in O.S.No.162/2013 for specific performance, which came to be decreed on 31.10.2015 and sale deed was executed through Court Commissioner as per Annexures-A and B. Hence, petitioner sought for deletion of Sy.No.90/P1 and continuation of Sy.No.90/A as it existed in the year 2001-02. Representation dated 28.08.2018 submitted to second respondent by petitioner having not been considered, he is before this Court.
4. In the light of aforesaid facts, it is for the second respondent to examine the claim/prayer of petitioner by considering the representation dated 28.08.2018-Annexure-G in accordance with law and same having not been considered a direction deserves to be issued.
Hence, I proceed to pass the following:
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