IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.33366 OF 2018 (KLR-RR/SUR) BETWEEN:
SRI CHIKKAMUNISHAMAPPA SON OF LATE MUNISHAMAPPA AGED ABOUT 54 YEARS R/AT ERIGENAHALLI VILLAGE VIJAYAPURA HOBLI, BIJAWARA POST DEVANAHALLI TALUK BANGALORE RURAL DISTRICT-562 135. ...PETITIONER (BY SRI.MANJUNATH G.KANDEKAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M.S.BUILDING, AMBEDKAR BEEDHI BANGALORE-560 001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE THASHILDHAR DEVANAHALLI TALUK BANGALORE RURAL DISTRICT- 562 110.
...RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONER DATED 19.12.2017 AND 15.03.2018 AS PER ANNEXURE-A AND B AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking direction to the 2nd Respondent-Thasildar, Devanahalli Taluk, Bangalore Rural District to consider his representations dated 19.12.2017 and 15.03.2018 for effecting change of katha to his name with reference to land bearing Sy.Nos.6/1 and 6/2 (Old Sy.No.6) of Erigenahalli Village, Vijayapura Hobli, Devanahalli Taluk measuring to an extent of 4 acres 7 guntas.
2. The records would indicate that the petitioner has already secured an order from the Assistant Commissioner, Doddaballapur, which is required to be given effect to by the 2nd respondent- Thasildar. Inspite of repeated representations, the order of the Assistant Commissioner in proceedings No.R.A.(DH)No.317/2013-14 dated 15.12.2017 is not given effect to.
3. Heard the learned counsel for the petitioner as well as learned AGA for respondents.
4. On going through the material available on record, it is seen that inspite of order being passed by Assistant Commissioner of Doddaballapur on 15.12.2017, the same being communicated to the 2nd respondent on 19.12.2017, for the reason best known to him, he is sleeping over the matter.
5. With the above observation, 2nd respondent- Thasildar, Devanahalli Taluk, Bangalore Rural District is hereby directed to act upon the representations submitted by the petitioner herein within a period of 30 days from the date of receipt of copy of this order, failing which, petitioner is at liberty to move the Contempt Court for his inaction.
Learned AGA is permitted to file Memo of Appearance within two weeks.
Sd/- JUDGE Prs*