Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.24818/2019 (KLR-RES) BETWEEN:
SRI. C. KANTHARAJU S/O LATE CHINNAPPA AGED ABOUT 48 YEARS R/AT SHANTHIPURA VILLAGE SARJAPUR HOBLI ANEKAL TALUK, BENGALURU.
(BY SRI. ARUN R NAIK, ADVOCATE) AND:
1 . STATE BY DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD, BENGALURU - 560 009.
2 . THE SPECIAL TAHSILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN, K.G. ROAD BENGALURU - 560 009.
...PETITIONER …RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO PASS ORDERS IN THE ABOVE SUBJECT MATTER RRT/DISPUTE/CR/37/2015-16, IN RESPECT OF ABOVE PROPERTIES WITHOUT ANY FURTHER DELAY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri.Arun R. Naik, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned counsel appearing for respondent –State. Perused the records.
2. On account of application submitted by petitioner to second respondent on 11.12.2012 for mutating revenue records of land bearing Sy.No.39 measuring 1 acre 20 guntas situated at Doddanagamangala Village, Begur Hobli, Bangalore South Taluk, Sy.No.47/4 measuring 1 acre 38 guntas situated at Chikkathoguru Village, Begur Hobli, Bangalore South Taluk, Sy.No.24/8 measuring 1 acre 38 guntas situated at Chikkathoguru Village, Begur Hobli, Bangalore South Taluk, Sy.No.24/8 measuring 20 guntas situated at Doddathoguru Village, Begur Hobli, Bangalore South Taluk and Sy.No.22/4 measuring 0.20 guntas situated at Doddathoguru Village, Begur Hobli, Bangalore South Taluk, having not been considered, he is before this Court, contending interalia that suit filed by his mother in O.S.No.190/1996 came to be decreed on 31.10.1998 and as such an application came to be submitted for revenue records being mutated as per judgment and decree. On account of said application having been rejected on the ground that petitioner has to file an appeal by issuing endorsement dated 02.02.2013- Annexure-D, an appeal came to be filed by petitioner in R.A.(S) No.373/2012-13 before Assistant Commissioner, Bangalore South, which came to be allowed on 05.11.2015-Annexure-F and matter came to be remitted back to second respondent herein for being adjudicated afresh keeping in mind the observations made therein. Pursuant to same second respondent is said to have issued notice to petitioner by fixing the date of hearing as 27.01.2016. Since notice was not served on other respondents, paper publication is said to have been taken out in ‘Kannada Prabha’ Kannada daily newspaper dated 19.08.2017-Annexure-N. It is thereafter, ADLR is also said to have prepared a survey report and subsequently, second respondent has not taken up proceedings. Hence, petitioner is before this Court.
3. Aforestated facts would disclose that dispute relating to mutation of revenue records of land in question is pending before second respondent from 2015 and as such direction is required to be issued to second respondent to conclude the proceedings expeditiously.
Hence, I proceed to pass the following:
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