IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF DECEMBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA WRIT PETITION NO. 57985 OF 2017 (KLR-RES) BETWEEN:
SRI D.M. SONNEGOWDA, S/O D.V. MUNISHAMAPPA, AGED ABOUT 60 YEARS, R/AT DYAPASANDRA VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT-563 130.
(BY SRI RAJESH GOWDA, ADV.) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS CHIEF SECRETARY, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE TASHILDHAR, MALUR TALUK, MALUR-563 130.
(BY SRI J.M. UMESH MURTHY-HCGP.) ... PETITIONER … RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R2 TO CONSIDER THE REPRESENTATION OF THE PETITIONER DATED 03.11.2017, VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR ‘PRELIMINARY HEARING’, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri J.M. Umesh Murthy, learned HCGP takes notice for the respondents.
2. The petitioner, who is aged about 60 years, is before this Court for writ of mandamus directing the 2nd respondent to consider the representation of the petitioner dated 03.11.2017 for issue of Saguvali Chit in favour of the petitioner in respect of land bearing Survey No.112, measuring to an extent of 2 acres 30 guntas situated at Dyapasandra Village, Kasaba Hobli, Malur Taluk, in terms of the grant dated 09.03.2004 as per Annexure-E passed by the 2nd respondent.
3. It is the case of the petitioner that he has been in peaceful possession and enjoyment of the land bearing Survey No.112 measuring to an extent of 3 acres of Dyapasandra Village, Kasaba Hobli, Malur Taluk, since 1982. Thereby, he filed an application in Form No.59 for grant of possession of land in his favour with respect to the above land. The Revenue Inspector of Kasaba Hobli has drawn a Mahazar at spot and thereafter the 2nd respondent and Committee had granted to an extent of 2 acres 30 guntas in Survey No.112 of Dyapasandra Village, Kasaba Hobli, Malur Taluk in favour of the petitioner on 09.03.2004 as per order No.LND.UR:109/2003-04. However, in spite of repeated representations made by the petitioner, the 2nd respondent had not issued Saguvali Chit. Therefore, he is before this Court for the reliefs sought for.
4. I have heard the learned counsel for the parties to the lis.
5. Sri Rajesh Gowda, learned Counsel for the petitioner reiterating the grounds urged in the writ petition has contended that in spite of grant made in favour of the petitioner on 09.03.2004 by the 2nd respondent and Committee, till today, Saguvali Chit is not issued. Because of the inaction on the part of the 2nd respondent, petitioner has been dragged before this Court. Therefore, he sought to allow the petition.
6. Per contra, the learned HCGP submits that the representation of the petitioner dated 03.11.2017 Annexure-A will be considered within a period of three weeks if already not been considered.
7. The said submission is placed on record.
8. In view of the rival contentions and the submissions made by the learned counsel for both the parties, it is not in dispute that in terms of the order dated 09.03.2004 made in LND.UR:109/2003-04, the 2nd respondent and Committee had granted 2 acres 30 guntas in Survey No.112 of Dyapasandra Village, Kasaba Hobli, Malur Talu in favour of the petitioner. In spite of repeated requests and representations made as contended the respondents have not issued Saguvali Chit to the petitioner. It is the duty of the 2nd respondent that as soon as the grant was made, to issue Saguvali Chit. The same has not been done in the present case even though the grant was made on 09.03.2004. Therefore, it is fit case to issue writ of mandamus as prayed for.
9. In view of the aforesaid reasons, writ petition is allowed. The 2nd respondent is directed to consider the representation- Annexure-A for issue of Sagulvali Chit and pass orders in accordance with law, within a period of 2 weeks from the date of receipt of a copy of this order.
Sd/-
JUDGE SBS