IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.6065/2019 & 6255-6257/2019(KLR-RES) BETWEEN SRI. N. CHANDRAPPA S/O. LATE NARAYANAPPA, AGED ABOUT 62 YEARS, R/AT SADAPANAHALLI VILLAGE, SULIBELE HOBLI, HOSKOTE TALUK, BENGALURU RURAL DISTRICT. ... PETITIONER (BY SRI CHOKKAREDDY, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S. BUILDING, Dr. AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE THASILDAR (AMENDED VIDE SULIBELE HOBLI, COURT ORDER DATED HOSKOTE TALUK, 29/03/2019) BENGALURU RURAL DISTRICT – 560 007.
... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE 2ND RESPONDENT TO CONSIDER THE APPLICATION DATED 14.03.2017 VIDE ANNEXURE-J THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner herein has sought for issue of writ of mandamus to the second respondent, namely, Thasildar, Hosakote Taluk, Bengaluru Rural District, to consider his application dated 14.03.2017 vide Annexure ‘J’ to the petitions.
2. It is the case of the petitioner that his father, Narayanappa, was the owner in possession of lands measuring to an extent of: 08 guntas in Sy. No.46/12; 03 Acres 32 guntas in Sy.No.49/2; 01 Acre 12 guntas in Sy No.48/2 and 14 Acres 08 guntas in Sy. No.33/1, situate at Sadapanahalli village, Sulibele Hobli, Hosakote Taluk. The father of the petitioner is said to have died on 24.05.2016 leaving behind the petitioner and his three brothers and one sister as his legal heirs to succeed to his estate. Copy of death certificate of Sri Narayanappa is at Annexure ‘E’ to the petitions. The petitioner made an application to the second respondent on 14.03.2017 (Annexure ‘J’ to the petitions) seeking transfer of khata in his name and in the name of his brothers and sister in respect of the said properties. The grievance of the petitioner is that the second respondent has not considered his application till date.
3. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent Nos.1 and 2. Perused the material on record.
4. Incidentally, Sri K. Ramesh, Tahasildar of Hosakote Taluk, himself is present before this Court. He would submit that the application which is submitted by the petitioner vide acknowledgment No.8285/2016-17 dated 14.03.2017 (Annexure ‘H’ to the petition) seeking transfer of khata in respect of the lands referred to in these writ petitions as well as in the said acknowledgement, in favour of the petitioner herein and four other children of late Narayanappa will be considered in accordance with law within eight weeks from today.
5. Placing the aforesaid submission of Tahasildar, Hosakote Taluk, on record, these writ petitions are disposed of.
6. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma