IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.16257/2018 (KLR-RR/SUR) BETWEEN SRI M V MUNIYAPPA S/O. LATE. ERAPPA, AGED 70 YEARS, MARASANDAHALLI VILLAGE, NANDAGUDI HOBLI, HOSAKOTE TALUK, BANGALORE RURAL DISTRICT-562114. ... PETITIONER (BY SRI A VIJAYA KUMAR BHAT, ADVOCATE) AND 1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY, REVENUE DEPARTMENT,L M.S. BUILDING, BANGALORE-560001.
2. THE TAHASILDAR HOSAKOTE TALUK, HOSAKOTE-562114. ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE ORDER DIRECTING THE RESPONDENTS, DIRECTING THE RESPONDENT NO.2 TO CONSIDER THE ANNEXURE-E AND F AND DISPOSE OF THE SAID REPRESENTAIONS WITHIN AT THE EARLIEST HEARING DATE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking writ of mandamus directing the respondents to consider his representations vide Annexures - E and F, consequently, to remove the entry in RTC in showing the land in question as Sarkari Thopu and restore the same in his name as it stood earlier.
2. In this proceedings, pursuant to the direction of this Court, the Tahsildar of Hosakote Taluk is present before the Court. He would submit that the representations submitted by the petitioner dated 1.8.2017 and 4.10.2017 at Annexures-E and F to this writ petition are not available in his record, therefore, he is not in a position to take any decision in the absence of said representation as well as supporting documents.
3. In that view of the matter, this writ petition is disposed of with liberty to the petitioner to submit fresh application/representation to respondent No.2 – Tahsildar along with a set of documents available with him with reference to his possession to the land in question, based on which respondent No.2 shall take appropriate decision in accordance with law within 60 days from the date of receipt of the application/representation from the petitioner.
Sd/- JUDGE nd/-