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 NOs.35048-35049/2018(KLR-RR/SUR) BETWEEN 1. SRI M NARAYANASWAMY S/O MUNIHANUMAPPA AGED ABOUT 59 YEARS RESIDING AT SURVEY NO 62, MALLANDAHALLI, MADDERI POST, VEMGAL HOBLI, KOLAR TALUK AND DISTRICT - 563101 2. SMT MUNIYAMMA D/O LATE CHIKKAMARAPPA AGED ABOUT 63 YEARS RESIDING AT SURVEY NO 41 & 62 MALLANDAHALLI, MADDERI POST, VEMGAL HOBLI, KOLAR TALUK AND DISTRICT – 563101 ... PETITIONERS (BY SRI AMARESH A ANGADI, ADVOCATE) AND 1. STATE OF KARNATAKA BY ITS SECRETARY, DEPT. OF REVENUE, M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE - 560001 2. THE DEPUTY COMMISSIONER KOLAR DISTRICT KOLAR - 563101 3. THE TAHSILDAR KOLAR TALUK KOLAR – 563101 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT R-2 AND 3 TO CONSIDER THE REPRESENTATION OF THE PETITIONERS DATED 19.4.2018 VIDE ANNEX-E AND F RESPECTIVELY TO EFFECT THE MUTATION / KHATHA OF THE SCHEDULE LANDS IN FAVOUR OF THE PETITIONERS AND IN ISSUING THE PAHANI OF THE SCHEDULE LANDS IN THE NAME OF THE PETITIONERS AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are claiming as grantees to an extent of 3 acres 15 guntas in favour of 1st petitioner in old Sy.No.62 (New Sy.No.178) and an extent of 2 acres 25 guntas in Old Sy.No.41 (New Sy.No.180) and an extent of 1 acre 15 guntas in Old Sy.No.62 (New Sy.No.178), in all 4 acres in favour of 2nd petitioner. The said lands are situated at M.Mallandahalli, Vemgal Hobli, Kolar Taluk. The grievance of the petitioners is that though they have submitted applications for effecting mutation of said extents of lands in their name and issue Pahani, the same is not taken up for consideration. Hence, these writ petitions are filed seeking mandamus to respondents 2 and 3.
2. When these writ petitions are taken up for consideration to-day, the learned Additional Government Advocate would bring to the notice of this Court that as there was an allegation of large scale creation of documents by several persons in the said village claming occupancy right in respect of various lands, an enquiry was initiated which is to be conducted by the 2nd respondent – Deputy Commissioner, Kolar and the said enquiry has already been commenced and the same is in progress. Therefore, when such an enquiry is pending question of considering the correctness or otherwise of the alleged grant in favour of petitioners 1 and 2 and to effect mutation in their name does not arise.
His submission is placed on record.
3. Accordingly, these writ petitions are disposed of reserving liberty to the petitioners to approach the respondents authorities, after the enquiry is completed, seeking effecting mutation entry in their name provided, the grant made in their favour is held to be valid otherwise, it is open for them to challenge the order of the Deputy Commissioner in an appropriate forum.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
nd/-
Sd/- JUDGE