IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.9568/2019 (KLR-RR/SUR) BETWEEN 1. SMT.SONNAMMA AGED 75 YEARS, WIFE OF LATE CHIKKA DEVAPPA R/AT NO.66, KODIGE HALLI KADUGUDI POST BENGALURU-560 067 2. SRI M RAMESH AGED ABOUT 38 YEARS, SON OF LATE MUNIYAPPA @ MUNISWAMY R/AT NO.7, MS TENT HOUSE, NELLURPURAM BENGALURU-560 075 BOTH REPRESENTED BY THEIR ATTORNEY SRI V.VIVEK, 30 YEARS, SON OF SRI H VENKATESHA R/AT NO.10, 1ST A CROSS KODIGE HALLI, KADUGUDI POST, BENGALURU-560 067 ... PETITIONERS (BY SRI CHANDRAIAH, ADVOCATE) AND 1. THE GOVERNMENT OF KARNATAKA REVENUE DEPARTMENT VIDHANA SOUDHA DR.AMBEDKAR ROAD, BENGALURU-560 001 REPRESENTED BY ITS SECRETARY 2. THE TAHSILDAR BENGALURU EAST TALUK KRISHNARAJAPURA BENGALURU-560 036 3. SRI JETTY 59 YEARS, SON OF LATE DODDA DEVAPPA R/AT MANJUNATHA LAYOUT KODIGE HALLI, KADUGUDI POST, BENGALURU -560 067 4. SRI K D VENKATESH 43 YEARS, SON OF LATE DODDA DEVAPPA R/AT MANJUNATHA NILAYA 1ST A LEFT CROSS, KODIGE HALLI, KADUGUDI POST, BENGALURU-560 067. ... RESPONDENTS (BY SRI T.S.MAHANTESH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 & R2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE THE WRIT OF MANDAMUS TO RESPONDENT NOS.1 & 2 TO PASS APPROPRIATE ORDERS ON THEIR PETITION DATED 10.07.2018 ANNEXURE-A REGARDING THE RECTIFICATION OF ENTRIES IN THE REVENUE RECORDS SUCH AS R T C & MUTATION FOR THEIR LAND MEASURING 01 ACRE 20 GUNTAS IN SY.NO.39/7 OF KODIGE HALLI VILLAGE, K.R.PURA HOBLI (I.E., ANNEXURE-A) IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are seeking direction to respondents 1 and 2 to consider the application filed by them dated 10.7.2018 and pass appropriate orders thereon on the ground that though the land which was granted in favour of 1st petitioner’s husband and 2nd petitioner’s grand father Sri.Chikkadevappa, which is to an extent of 1 acre 20 guntas in Sy.No.39/7 of Kodigehalli village, K.R.Pura Hobli, Bengaluru South Taluk, was sold by him in favour of one Ramaiah, they continued to be in possession and enjoyment of the same, therefore revenue entries in respect of said land is sought to be considered in their name.
2. In any event, this Court cannot give direction as sought for by the petitioners either to 1st respondent or 2nd respondent for the reason that, admittedly the original grantee - Chikkadevappa has already executed sale deed of land which was granted to him way back on 25.4.1962 itself.
It is based on said sale deed certain revenue entries are effected. When that being the fact situation, the claim of petitioners that they still continue to be in possession of the property in question even after executing the sale deed dated 25.4.1962 cannot be accepted in this writ proceedings either for issuing direction to respondents 1 and 2 or to enquire in that behalf. If the petitioners so desire, it is open for them to approach Civil Court for appropriate relief, if they can demonstrate that they have right to pursue said relief.
With such observations, this writ petition is disposed of.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
Sd/- JUDGE nd/-