IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF OCTOBER 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.41973 OF 2019 (KLR-RR/SUR) BETWEEN:
SRI MOHAN KUMAR S/O.RUDREGOWDA AGED ABOUT 40 YEARS OCCUPATION: AGRICULTURE R/AT MOOLENAHALLI VILLAGE MADIHALLI HOBLI BELUR TALUK HASSAN DISTRICT-573 201 ... PETITIONER (BY VIGHNESHWAR S. SHASTRI, ADVOCATE) AND:
1. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY TO REVENUE DEPARTMENT M.S.BUILDING BENGALURU-560 001 2. DEPUTY COMMISSIONER HASSAN DISTRICT HASSAN-573 201 3. ASSISTANT COMMISSIONER HASSAN SUB-DIVISION HASSAN-573 201 4. TAHSILDAR HASSAN TALUK HASSAN DISTRICT-573 201 ... RESPONDENTS (BY SRI Y.D.HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO ENTER THE NAME OF THE PETITIONER IN E-KHATHA IN RESPECT OF PROPERTY MOREFULLY DESCRIBED IN THE SCHEDULE.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is claiming to have been granted land measuring 1 acre 30 guntas in survey No.73 of Seegegudda Kavalu Village, Salagame Hobli, Hassan Taluk and District on 13.08.2001 (Annexure-A). Pursuant to same, revenue records came to be mutated in the name of petitioner in MR.No.17/2001-02 and accordingly, name of petitioner came to be entered in RTC as per Annexure-E. On computerization of revenue records, petitioner has submitted representations on 18.06.2019 (Annexure-F2), 11.07.2019 (Annexure-G2) and 26.07.2019 (Annexure-H2) with a prayer to enter his name in E-Katha. On account of said prayer having not been considered, petitioner is before this Court for a writ of mandamus to respondent to enter his name in E-Katha in respect of property in question.
2. Having regard to the fact that land has been granted to petitioner as per Annexure-A and revenue records has been mutated as per Annexures-D and E, this Court is of the considered view that if a direction is issued to fourth respondent to consider the representations of petitioner submitted on 18.06.2019 (Annexure-F2), 11.07.2019 (Annexure-G2) and 26.07.2019 (Annexure- H2), it would meet the ends of justice.
Hence, the following:
ORDER (i) Writ petition is allowed in part.
(ii) A writ of mandamus is issued to fourth respondent to consider the representations submitted by petitioner on 18.06.2019 (Annexure-F2), 11.07.2019 (Annexure-G2) and 26.07.2019 (Annexure-H2) expeditiously and at any rate within three months from the date of receipt of a copy of this order. It is made clear that no opinion is expressed on merits of the claim.
It is needless to observe that fourth respondent would be empowered to consider the claim on merits in accordance with law, if necessary, by securing reports from the jurisdictional authorities.
LB SD/- JUDGE