IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.31813/2019(KLR-RR/SUR) BETWEEN:
SRI. KRISHNAPPA S/O LATE VENKATARAMANAPPA AGED ABOUT 68 YEARS RESIDING AT CHUNCHADENAHALLI VILLAGE, VAKKALERI HOBLI BAVANAHALLI POST KOLAR TALUK – 563 102 KOLAR DIST.
(BY SRI. FAYAZ SAB B.G, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE 5TH FLOOR, AMBEDKAR VEEDHI, MULTI STORIED BUILDING, BENGALURU – 560 001.
2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR – 563 101.
3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR DISTRICT - 563 103.
4. THE TAHASILDAR KOLAR TALUK KOLAR DISTRICT - 563 102. (BY SRI. Y.D. HARSHA, AGA) ... PETITIONER ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CHANGE/EFFECT THE REVENUE RECORDS SUCH AS RTC AND MUTATION REGISTER BY REVEALING THE NAME OF THE PETITIONER IN COLUMN NO.9 AND 12 OF COMPUTERIZED RTC AND MUTATION REGISTER IN RESPECT OF SCHEDULE PROPERTY, WHICH IS PRODUCED AND MARKED AS ANNEXURE-F, G, H DATED:20.05.2017, 06.05.2018, 08.11.2018.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner having been granted land in Sy.No.11 measuring 1 acre 20 guntas by the Department of Revenue on 30.06.1976–Annexure-A got the revenue records mutated to his name as per M.R.No.3/1985-86 as reflected in RTC extracts-Annexures-B, C and D1 to D3 and name of petitioner has been reflected in Column Nos.9 to 12. Taxes have also been paid as is evident from the tax receipt dated 25.04.1986 – Annexure-E. On advent of computerization of revenue records name of the petitioner is said to have been not included in the revenue records and as such representations dated 20.05.2017, 06.05.2018 and 08.11.2018 – Annexures-F, G and H came to be submitted by petitioner, which has been duly acknowledged by fourth respondent and yet, no steps have been taken by fourth respondent in disposing of said representation. As such petitioner is before this Court.
2. Having regard to the fact that petitioner’s name was entered in the revenue records as per MR No.3/1985-86 and said entry continued upto 2000-01 (RTC entry – Annexure-D-3) there was no impediment for effecting the revenue entry in revenue records by fourth respondent by continuing the name of petitioner. However, such an exercise has not been undertaken. In the light of petition being disposed of at the preliminary stage, this Court would not be in a position to ascertain as to the reason for such an exercise having not been undertaken. As such this Court is of the view that ends of justice would be met if a direction is issued to fourth respondent to dispose of the applications/representations dated 20.05.2017, 06.05.2018 and 08.11.2018 submitted by petitioner expeditiously and at any rate within two (2) weeks from the date of receipt of copy of this order. Accordingly, writ petition stands disposed of and a writ of mandamus is issued to fourth respondent to consider the applications/representations of petitioner. However, it is made clear that no opinion is expressed on the merits of claim.
Ordered accordingly.
SD/- JUDGE DR