Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.35763/2019 (KLR-RES) BETWEEN:
SRI. SAMPANGIRAMAIAH S/O LATE KRISHNAPPA AGED ABOUT 55 YEARS R/AT HARALURU VILLAGE VARTHUR HOBLI BENGALURU EAST TALUK, BENGALURU – 560 012.
(BY SRI. LEELADHAR H.P, ADVOCATE) ...PETITIONER AND:
1 . THE STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. B.R. AMBEDKAR ROAD BENGALURU – 560 001.
2 . THE SPECIAL DEPUTY COMMISSIONER BENGALURU NORTH DIVISION K.G. ROAD, KANDAYA BHAVAN BENGALURU – 560 009.
3 . THE ASSISTANT COMMISSIONER BENGALURU NORTH DIVISION K.G. ROAD, KANDAYA BHAVAN BENGALURU – 560 009.
4 . THE TAHASILDAR BENGALURU EAST TALUK K.R. PURAM BENGALURU – 560 036.
…RESPONDENTS (BY SRI. Y.D. HARSHA, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FROM THE R-2 IN CASE NO.21/1960-61 PERTAINING TO LAND BEARING SY. NO.49/3 UNDER ANNEXURE-A AND ENDORSEMENT IN CASE NO.21/60-61 DATED:11.12.1964 UNDER ANNEXURE-B AND DIRECT THE R-4 TO CONSIDER THE REPRESENTATION DATE:14.01.2019, 14.01.2019 AND 28.05.2019 RESPECTIVELY UNDER ANNEXURE-H, J AND L TO INCORPORATE THE NAME OF THE PETITIONER IN THE RTC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Sri H.P.Leeladhar, learned Advocate appearing for petitioner and Sri Y.D.Harsha, learned AGA appearing for respondents. Perused the records.
2. Petitioner is seeking for a direction to fourth respondent to consider his representations dated 14.01.2019, 14.01.2019 & 27.05.2019 (Annexures-H, J & L respectively) whereunder he has sought for incorporating his name in the revenue records insofar as it relates to land bearing Sy.No.49/3, measuring 4 acres 2 guntas situated at Haraluru village, Varthur Hobli, Bengaluru East Taluk.
3. It is the contention of petitioner that aforesaid land was granted to his father late Krishnappa by the Special Deputy Commissioner for Inams Abolition, Bangalore Circle, Bangalore in case No.21/60-61. To substantiate his claim in this regard, petitioner has produced order of grant dated 28.10.1962 (Annexure-A) and the deposition of father of petitioner said to have been recorded before Special Deputy Commissioner for Inams Abolition (Annexure-B) including Register extract relating to Kadim, Permanent, Quasi-permanent and Minor Inamdar (Annexure-C) . Hence, petitioner submits that not only himself but also his father were repeatedly requesting respondents to mutate the revenue records which has not been done. Representations submitted earlier by petitioner vide Annexures-H, J & L have also not been considered by fourth respondent.
4. Learned AGA appearing for respondents submits that there is no existence of Sy.No.49/3 in Haraluru village, Varthur Hobli and as such, question of entertaining claim of the petitioner would not arise.
5. Contention raised by learned AGA appearing for respondents would not stand the test of scrutiny for the simple reason that endorsement issued by fourth respondent to the petitioner on 17.06.2019 (Annexure- N) speaks otherwise namely, it would indicate when prayer was made by petitioner for mutating the records relating to Sy.No.49/3, petitioner has been intimated that for the said extent of land in Sy.No.49/3, khata has already been mutated in favour of third party without disclosing as in whose name khata had been mutated. However, learned AGA appearing for respondents would fairly submit that said endorsement issued to petitioner is under an erroneous assumption.
6. Without going into correctness or otherwise of said endorsement, it would suffice if a direction is issued to fourth respondent to consider the representations of petitioner referred to herein above.
Hence, I proceed to pass the following:
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