IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P.NO.57207/2018 (KLR-RR/SUR) BETWEEN:
SRI. MALLIKARJUNA AGED ABOUT 66 YEARS S/O CHIKKAPPAIAH R/O APPAKARANHALLI VILLAGE HULIKUNTE POST DODDABELAVANAGALA HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 208.
...PETITIONER (BY SRI. N. UDAYA KUMAR, ADVOCATE-ABSENT) AND:
1 . THE TAHSILDAR DODDABALLAPUR TALUK DODDABALLAPURA – 561 208.
2 . STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA BENGALURU – 560 001.
(BY SRI. Y.D. HARSHA, AGA) …RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED:19.12.2017 FILED BY THE PETITIONER AT ANNEXURE-C AND ISSUE NECESSARY DIRECTION TO R-1 TO REGISTER THE NAME OF THE PETITIONER AND MAKE NECESSARY ENTRIES IN THE RECORDS OF RIGHT AND MUTATION IN FAVOUR OF THE PETITIONER IN ACCORDANCE WITH LAW.
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 being issued to first respondent to consider the representation dated 19.12.2017 vide Annexure-C whereunder petitioner has sought for entries being made in his name in respect of lands bearing Sy.No.6/1 18 guntas, Sy.No.7/1 11 guntas, Sy.No.4/2 3-03 guntas, Sy.No.5 20 guntas, Sy.No.69/1 28 guntas and Site No.29/1, formed in Sy.No.24/2, 24/3, 29/2, 29/3 measuring east to west 30 feet and north to south 75 feet situated at Appakarnahalli village, Hulikunte Post, Doddabelavangala Hobli, Bangalore Rural District and Sy.No.36, 12 guntas situated at Goraghatte Village, Thyamagondlu Hobli, Nelamangala Taluk, Bangalore Rural District contending interalia that Sri. Timmegowda, Siddahanumaiah and Smt. Vijayalakshmi tried to interfere with his peaceful possession and enjoyment of said property and also attempted to evict him. Hence, he had filed a suit in O.S.No.1545/2013 for declaration and injunction on the file of Principal II Civil Judge, Bangalore Rural District, Bangalore which suit ended in a compromise, pursuant to which decree came to be drawn on 12.11.2013 vide Annexure-A. Hence, for entering his name in the revenue records to the extent of share granted under the decree, representation dated 19.12.2017 vide Annexure-C has been submitted to respondents have not considered the same. Hence, direction is sought for.
2. It is trite law that under sub-section (3) of Section 132 of the Karnataka Land Revenue Act, 1964 jurisdictional Deputy Commissioner either by himself or through aegis of jurisdictional Thasildar is required to mutate the revenue records in compliance with decree passed by a competent civil Court whereas, such decree is passed. In the instant case, decree- Annexure-A clearly disclosed shares having been allotted in favour of petitioner in O.S.No.1545/2013 and first respondent was required to mutate the revenue records in compliance with said decree by considering the representation dated 19.12.2017 submitted by petitioner. Said exercise having not been undertaken a writ of mandamus deserves to be issued in the instant case.
Hence, I proceed to pass the following;
ORDER (1) Writ petition is allowed.
(2) A writ of mandamus is issued to first respondent to consider the representation dated 19.12.2017 vide Annexure-C filed by petitioner and mutate the revenue records in accordance with law, expeditiously and at any rate within eight weeks from today.
SD/- JUDGE RU