IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF AUGUST, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.27059/2017 (KLR-RR/SUR) BETWEEN SRI SHIVANNA S/O LATE SIDDEGOWDA AGED ABOUT 33 YEARS R/AT RAMANAHUNDI VILLAGE JAYAPURA HOBLI MYSORE TALUK AND DIST. ... PETITIONER (By Sri H.V.BHANU PRAKASH, ADV.) AND 1. STATE OF KARNATAKA, BY ITS SECRETARY TO THE GOVERNMENT, REVENUE DEPARTMENT, M.S.BUILDING, DR.B.R.AMBEDKAR VEEDHI BANGALURU-560 001.
2. THE TAHSILDAR MYSORE TLAUK MYSORE DIST-570001.
3. THE DEPUTY TAHSILDAR NADA KACHERI JAYAPURA MYSORE TLAUK MYSORE DIST-570001 4. THE ASSISTANT COMMISSIONER MYSORE SUB DIVISION MYSORE TLAUK MYSORE DIST-570001. ... RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE APPLICATION, REPRESENTATION OF THE PETITIONER DT.2.8.2016 VIDE ANNX-G TO EFFECT THE REVENUE ENTRIES IN FAVOUR OF PETITIONER OR ORIGINAL GRANTEE WITH RESPECT TO THE PROPERTY BEARING SY.NO.189, MEASURING TO AN EXTTENT OF 2 ACRES 20 GUNTAS SITUATED AT KERAGAHALLI VILLAGE, JAYAPURA HOBLI, MYSORE TQ., & DISTRICT AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Additional Government Advocate takes notice for respondents.
2. This writ petition is filed seeking a direction to the revenue authorities to consider the representation submitted by petitioner on 02.08.2016 as per Annexure-G to record the name of petitioner in the RTC of the land Sy.No.189 measuring 2 acres 20 guntas situated at Keragahalli Village, Jayapura Hobli, Mysore Taluk.
3. It is the case of petitioner that his father late Siddegowda was granted the land in question and Tahsildar, Mysore, issued grant certificate on 30.06.1981; Katha of the land was effected in the name of Siddegowda vide M.R.No.23/1981-82; that name of father of petitioner continued in the revenue records till the year 2000. Thereafter, the revenue authorities did not continue the name of Siddegowda. Siddegowda died on 10.02.2009. Petitioner moved the revenue authorities, particularly, the Tahsildar to record the name of Siddegowda and that of petitioner as owner and anubavdhar of the land consequent on his father’s death.
4. An endorsement was issued by the Tahsildar as per Annexure-E informing the petitioner that records pertaining to grant were not available with the Tahsildar and therefore, his request could not be considered. Petitioner approached the Assistant Commissioner, Mysore Sub-division, Mysore. The Assistant Commissioner issued a communication dated 15.05.2014 to the Tahsildar to take action in accordance with law. This is evident from Annexure-F communication. However, the Tahsildar has not taken any action in the matter. Therefore, petitioner has approached this Court.
5. Learned Additional Government Advocate on instructions from the Tahsildar, Mysore Sub-division, Mysore, submits that records were not available in the office and that in the absence of any valid grant it had become difficult for the Tahsildar to favourably consider the request of petitioner.
6. Be that as it may, fact remains that petitioner has produced certain documents and has requested for consideration of his case for entering his name in the revenue records based on the grant made in his favour. It is also borne out from the materials on record that name of father of petitioner was incorporated in RTC uptil the year 2000. Grievance of petitioner is that after computerization, the authorities have not continued the name of father of petitioner. It is not necessary to go into the merits of the matter. Suffice to observe that the Tahsildar and the Assistant Commissioner are required to examine the request of petitioner in accordance with law and take expeditious action in the matter. It is open for petitioner to produce all relevant documents in support of his claim before the Tahsildar within three weeks from today.
7. Petition is accordingly disposed of. The Tahsildar and the Assistant Commissioner are directed to comply with the above direction within a period of three months from the date of receipt of a copy of this order.
8. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE VP