IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF DECEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR Writ Petition No.1792/2018 (klr-res) BETWEEN:
SRI. SATISH.R AGED ABOUT 38 YEARS S/O LATE RUDRAIAH, RESIDING AT HONASIGERE, HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 122. ... PETITIONER (BY SRI FAYAZ SAB B.G., ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING,BANGALORE – 560 001.
2. THE TAHASILDAR, TUMKUR TALUK, DEPUTY COMMISSIONER’S OFFICE COMPLEX, TUMKUR CITY – 572 101.
3. THE DEPUTY TAHASILDAR, HEBBUR NADA KACHERI, HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 120.
4. THE PRESIDENT, GRAMA PANCHAYATH, HONASIGERE, HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 122.
5. THE PANCHAYATH DEVELOPMENT OFFICER, GRAMA PANCHAYATH, HONASIGERE, HEBBUR HOBLI, TUMKUR TALUK, TUMKUR DISTRICT – 572 122.
6. THE DIRECTOR OF LAND RECORDS & SURVEY, DEPARTMENT OF SURVEY SETTLEMENT & LAND RECORDS, TUMKUR TALUK, DEPUTY COMMISSIONER’S OFFICE COMPLEX, TUMKUR CITY – 572 101.
... RESPONDENTS (BY SRI Y.D. HARSHA, AGA FOR R-1 –R-3 & R-6, SRI K. MANJUNATH, FOR R-4 & R-5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONDUCT THE SURVEY FOR DEMARCATION OF THE SCHEDULE PROPERTY AND THEREAFTER DIRECT THE RESPONDENTS TO INDUCT THE PETITIONER IN PHYSICAL POSSESSION OF THE SCHEDULE PROPERTY.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Learned advocate for the petitioner submits that petitioner’s father purchased 5 guntas of land in Sy.No.141 of Honasigere Village, Hebbur Hobli, Tumakuru District. Pursuant to directions issued by this Court in W.P.No.7526/2017 and connected cases decided on 30.03.2017, petitioner’s name has been entered in the revenue records as reflected in the record of rights of the year 2017-18 produced at Annexure-F.
2. Petitioner’s property now falls within the Gram Panchayat limits. Accordingly, petitioner submitted a representation on 23.08.2017 to the 4th respondent for issue of E-khata. Same has not been considered. Accordingly, he prays for a writ of mandamus for consideration of his representation.
3. I have carefully considered the submissions and perused the records.
4. Annexure-F is the record of rights showing petitioner’s name in column No.9 in respect of property in question. Petitioner claims that the said property falls within the Gram Panchayat limits and accordingly prayed for E-khata. The 4th respondent shall consider petitioner’s representation as per Annexure-K1 and pass appropriate orders within an outer limit of three months from the date of receipt of a copy of this order. Writ Petition is accordingly disposed of.
No costs.
Sd/- JUDGE PKS