IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.32672/2019 (KLR-RR/SUR) BETWEEN:
SRI. M. NANJAPPA S/O LATE MUNIVEERAPPA AGED ABOUT 54 YEARS R/AT NO.150/2, 14TH CROSS SRI. RAGHAVENDRA BLOCK SREENAGAR, BANGALORE - 560 050.
(BY SRI. SRINIVASAN T, ADVOCATE) AND:
1 . STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT MULTI STORIED BUILDING BANGALORE - 560 001.
2 . THE REGIONAL COMMISSIONER BENGALURU URBAN DISTRICT 2ND FLOOR, BMTC BUILDING SHANTINAGAR, K.H. ROAD BANGALORE - 560 027.
3 . THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT K.G. ROAD, BANGALORE - 560 009.
4 . THE DIRECTOR SURVEY SETTLEMENT OF LAND RECORDS, K.R. CIRCLE BANGALORE - 560 001.
..PETITIONER 5 . THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB-DIVISION KANDAYA BHAVAN, 2ND FLOOR K.G. ROAD, BANGALORE - 560 009.
6 . THE TAHSILDAR K.R. PURAM TALUK OFFICE BENGALURU EAST TALUK BENGALURU - 560 036.
(BY SRI. SRINIVASN T, ADVOCATE) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-2 TO 6 TO CONSIDER THE REPRESENTATION OF THE PETITIONER VIDE DATED:04.03.2013, 22.08.2013, 07.10.2014, 20.02.2016, 07.12.2018, 10.01.2019 ANNEXURE-A(1) TO A(6) AND CONSEQUENTLY CONSIDER HIS REPRESENTATIONS EFFECT THE KATHA AND PHODI DURASTH OF LAND IN LAND IN SY. NO.32/2P AND 32/7 OF THIRUMENAHALLY VILLAGE, BIDARAHALLI HOBLI, BENGALURU EAST TALUK, BENGALURU URBAN DISTRICT, TOTALLY MEASURING AT 2 ACRE 27 GUNTAS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is seeking for a writ of mandamus to respondent Nos.2 to 6 to consider his representations dated 04.03.2013, 22.08.2013, 07.10.2014, 20.02.2016, 07.02.2018 and 10.01.2019 vide Annexures-A1 to A6, whereunder he is seeking for effecting khata and phodi durasthi work in respect of land bearing Sy.Nos.32/2P and 32/7 measuring 2 Acres 27 guntas situated at Thirumenahally village, Bidarahally Hobli, Bengaluru East Taluk, Bengaluru Urban District.
2. It is the grievance of petitioner that land bearing Sy.No.32/2 measuring 5 Acres originally was owned by Sri. Chikka Muniswamappa and an extent of 1 Acre 27 guntas was sold in favour of Sri.Motappa under a registered sale deed dated 17.07.1957, who in turn sold it in favour of father of petitioner under a registered sale deeds dated 12.09.1974 vide Annexure- D and E respectively. It is further stated that subsequent to purchase of land by father of the petitioner revenue records were mutated in the name of purchaser i.e., petitioner’s father as evident from the revenue record vide Annexures-F, G and H respectively. Petitioner’s also claim that they are in possession and enjoyment of said land.
3. It is further stated that land bearing Sy.No.32 block No.5 measuring 1 Acre was owned by Sri.Patel Muni Obalareddy and same was sold in favour of Sri.Venkatappa S/o Sri.Dyavappa namely, uncle of the petitioner who had purchased the same under a registered sale dated 12.08.1953 and there was a partition in family on 01.08.1953 under which the father of petitioner was allotted said land and revenue records was also mutated in his name.
4. Grievance of the petitioner is that on demise of his father on 15.04.2007 he had submitted an application for mutating the revenue records and for conducting phodi and durasti work in respect of aforesaid lands bearing Sy.Nos.32/2 and 32/7 totally measuring 2 Acres 27 guntas and had enclosed necessary documents which has not been considered by the respondents, even after laps of 12 years. Hence, he is seeking for a writ of mandamus being issued to sixth respondent to consider said applications.
5. Having regard to above facts, this Court is of the considered view that petitioner is entitled to the relief sought for inasmuch as application of petitioner cannot be kept in cold storage without being considered.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed.
(2) A writ of mandamus is issued to sixth respondent to consider the applications/representations dated 04.03.2013, 22.08.2013, 07.10.2014, 20.02.2016, 07.02.2018 and 10.01.2019 vide Annexures-A1 to A6 expeditiously and at any rate within an outer limit of 2 months from the date of receipt of copy of this order and take appropriate steps in accordance with law.
(3) It is also made clear that no opinion is expressed on merits of the claim.
SD/-
JUDGE RU