IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD W.P.No.24022 OF 2014(GM-RES) BETWEEN:
Sri M.N.Kariyappa, Age 76 years, S/o.Dasappa, R/o.No.1323, 2nd Main, 1st Cross, 1st Stage, Dattagalli, Mysore. … Petitioner (By Sri K.Sreedhar, Advocate) AND:
1. The State of Karnataka, Represented by its Secretary, Revenue Department, M.S.Building, Bangalore – 560 001.
2. The Deputy Commissioner, Mysore District, Mysore.
3. The Sub-Registrar, Mysore.
4. Karnataka Lokayukta, Represented by its Registrar, M.S.Building, Bangalore – 560 001. ... Respondents (By Smt.Niloufer Akbar, AGA for R1 to R3: Sri G.Devaraj, Advocate for R4) This writ petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the R2, Deputy Commissioner to consider the representation made by the petitioner dated 26.04.2014 vide Annexure-H and etc.
This writ petition, coming on for orders, this day, the Court, made the following:
ORDER In this petition, the petitioner has sought for a direction directing the second respondent Deputy Commissioner to consider the representation made by the petitioner dated 26.04.2014 vide Annexure-H.
2. The case of the petitioner is that the petitioner is the owner and in possession of the property bearing site No. 11 of Sy.No.1 of Kasaba Village, Mysore which was gifted to him as per the gift deed dated 10.12.1961 by the Palace Secretary and GPA holder, Mysore Palace. The said gift deed was made for the services rendered by the petitioner for the Palace from the number of years without expecting any consideration. Considering the service rendered by the employee the then Maharaja late Sri Jayachamarajendra Wodeyar gifted the property as per the gift deed dated 10.12.1961 executed by the Palace Secretary. The petitioner has approached the Sub- registrar for confirmation of his gift deed. Since there is an enquiry in respect of the property at Sy.Nos.1 and 4 of Kasaba Village, the Deputy Commissioner issued a Circular not to register any property in respect of the said Sy.Nos. Hence, the petitioner has filed a representation to the Deputy Commissioner by Annexure-H seeking for a copy of the Circular issued by the office of the Deputy Commissioner. Since the Deputy Commissioner has not taken any decision on the representation given by the petitioner, the petitioner has approached this Court seeking a direction to consider the representation.
3. Since the respondent has not taken any decision on Annexure-H, the Deputy Commissioner is directed to consider the representation of the petitioner vide Annexure-H, if not already considered and pass an order, in accordance with law, within a period of four weeks from the date of receipt of the copy of this order.
4. With the above observations, this petition stands disposed of.
Sd/- JUDGE Cm/-