IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.31262/2017 (KLR-RES) BETWEEN SREEKANTEGOWDA S/O BHOGEGOWDA, AGED ABOUT 40 YEARS, R/AT KRISHNAPURA VILLAGE, VIRUPAKSHIPURA HOBLI, CHANNAPATNA TALUK, RAMANAGARA DISTRICT-562 138. ... PETITIONER (By Sri P.H.VIRUPAKSHAIAH, ADV.) AND 1. STATE OF KARNATAKA REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER RAMANGARA DISTRICT, RAMANAGARA-571 511 3. THE ASSISTANT COMMISSIONER RAMANAGARA SUB DIVISION, RAMANAGARA-571 511 4. THE TAHSILDHAR CHANNAPATNA TALUK CHANNAPATNA, RAMANAGARA DISTRICT-571 501. ... RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-4 TO CONTINUE THE NAME OF ONE KEMPAMMA, MOTHER OF THE PETITIONER IN THE COMPUTER RTC AND OTHER REVENUE RECORDS IN RESPECT OF AGRICULTURAL LAND BEARING SY.NO.149 MEASURING 4 ACRES SITUATED AT KANNAMANGALA VILLAGE, KASABA HOBLI, CHANNAPATNA TALUK AS PER THE ORDER DTD.16.8.2014 VIDE ANNEX-G PASSED BY THE R-3 AUTHORITY WITHIN A PRESCRIBED TIME LIMIT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Petitioner has approached this Court seeking a writ of mandamus against respondent no.4 – Tahsildar, Channapatna Taluk in Ramanagara District, to restore the name of Kempamma – mother of the petitioner in the RTC and other revenue records in respect of 4 acres of agricultural land in Sy. No.149 situated at Kannamangala village, Kasaba Hobli, Channapatna Taluk. Such a direction is sought on the basis of the order dated 16.08.2014 passed by the Assistant Commissioner, Ramanagara Sub-Division, Ramanagara.
2. The case of the petitioner is, that his mother – Kempamma was granted 4 acres of land in Sy. No.149 of Kannamangala village on 09.10.1980. The name of Kempamma was entered in the revenue records continuously from 1985 to 2001. After computerization, Kempamma’s name disappeared from the RTC in respect of the said 4 acres of land. Hence, petitioner was constrained to approach the Tahsildar. The Tahsildar submitted a report dated 04.02.2014 as per Annexure-F addressed to the Assistant Commissioner, Ramanagara Sub-Division, seeking approval for the proposal to enter the name of Kempamma in the revenue records. The Assistant Commissioner accorded approval to the same as per Annexure-G dated 16.08.2014. Despite the same, the Tahsildar did not enter the name of Kempamma in the revenue records of the land. Therefore, petitioner approached this Court in W.P.No.40847/2015 seeking a direction to the Tahsildar to continue the name of Kempamma – mother of the petitioner in the computerized RTC and other revenue records. This Court disposed of the writ petition reserving liberty to the petitioner to approach the Deputy Commissioner with a request to direct the Tahsildar to comply with the order passed by the Assistant Commissioner on 16.08.2014. Accordingly, petitioner approached the Deputy Commissioner with the representation dated 09.12.2015 at Annexure-J. The Deputy Commissioner has issued the communication dated 24.06.2016 addressed to the Tahsildar, copy of which has been marked to the petitioner. By the said letter, the Tahsildar has been called upon to consider the request of the petitioner with reference to all the original documents and take appropriate action in accordance with law, keeping in mind, the direction issued by the Court and with utmost urgency. Despite the same, the Tahsildar has not taken any action. Hence, petitioner has approached this Court seeking a direction to the Tahsildar.
3. I have heard the learned Counsel for the petitioner and the learned Additional Government Advocate who takes notice for the respondents.
4. The Tahsildar is required to take immediate necessary action in the matter in accordance with law. The representation submitted by the petitioner for restoring the name of Kempamma in the revenue records has to be considered in the light of the order passed by the Assistant Commissioner and the communication addressed by the Deputy Commissioner vide Annexure-F & K, respectively, within a period of three months from the date of receipt of a copy of this order. Ordered accordingly. Writ petition is accordingly disposed of.
5. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE KK