IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.22569 OF 2019 (KLR-RES) BETWEEN:
1. SRI.THIMMARAYAPPA, S/O.LATE DASAPPA, AGED ABOUT 67 YEARS, 2. SRI.NARAYANASWAMY, S/O.LATE DASAPPA, AGED ABOUT 64 YEARS, 3. SRI.THIMMANNA, S/O.LATE.VENKATASHAMAPPA, AGED ABOUT 79 YEARS, ALL ARE RESIDING AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
4. SMT.MUNIAKKAYYAMMA, D/O.LATE.VENKATASHAMAPPA, W/O.NANJAPPA, SINCE DEAD BY HER LRS.
a. SRI NANJAPPA, S/O.LATE MARAPPA, AGED ABOUT 80 YEARS, R/AT.PAPANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
b. SMT.MUNITHAYAMMA, W/O.V.ANJINAPPA, AGED ABOUT 55 YEARS, R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
c. SMT.RATHNAMMA, W/O.LATE.VENKATANARAYANAPPA, AGED ABOUT 52 YEARS, R/AT UJAGUR VILLAGE, KASABA HOBLI, SIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 105.
d. SMT NARAYANAMMA, W/O.LATE.BYRANNA, AGED ABOUT 50 YEARS, R/AT CHOWDANAHALLI VILLAGE, KUNDANA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
e. SMT.ASHWATHAMMA, W/O.NARAYANASWAMY, AGED ABOUT 48 YEARS, R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
f. SRI.NARAYANASWAMY, S/O.NANJAPPA, AGED ABOUT 45 YEARS, g. SRI.SURESH, S/O.NANJAPPA, AGED ABOUT 40 YEARS, BOTH ARE RESIDING AT PAPANAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
h. SMT.BHARATHAMMA, W/O.V.ANJINAPPA, AGED ABOUT 38 YEARS, R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
5. SRI.ANJINAPPA, S/O.LATE.VENKATAPPA, AGED ABOUT 45 YEARS, R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. ... PETITIONERS (BY SRI.K.B.CHANDRASHEKAR SWAMY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, BY ITS CHIEF SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, VIDHANA VEEDHI, BANGALORE-560 001.
2. THE ASSISTANT COMMISSIONER, CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA, CHIKKABALLAPURA DISTRICT-562 105.
3. THE TAHASILDAR, SHIDLAGHATTA, SHIDLAGHATTA TALUK, CHIKKABALLAPURA DISTRICT-562 105.
4. SMT.KEMPAMMA, D/O.LATE.DASAPPA, W/O.NARAYANASWAMY, AGED ABOUT 64 YEARS, R/AT KURUBARAHALLI VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
5. SMT.SHANTHAMMA, D/O.LATE DASAPPA, W/O.SRINIVASA H.N, AGED ABOUT 54 YEARS, R/AT HAROHALLI VILLAGE, VIJAYAPURA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 135.
6. SRI.MALEYAPPA, S/O.LATE.VENKATASHAMAPPA, AGED ABOUT 81 YEARS, R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
7. SRI.MUNIYAPPA, S/O.LATE.VENKATASHAMAPPA, SINCE DEAD BY HIS LRS.
a. SMT.LAKSHMAMMA, W/O.LATE.MUNIYAPPA, AGED ABOUT 78 YEARS, R/AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110.
b. SMT.NANJAMMA, W/O.RAMAPPA, AGED ABOUT 57 YEARS, R/AT CHOKKANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH TALUK, BANGALORE-560 001.
c. SRI.NAGARAJ, S/O.LATE MUNIYAPPA, AGED ABOUT 54 YEARS, d. SRI.KRISHNAPPA, S/O.LATE.MUNIYAPPA, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT IBASAPURA VILLAGE, CHANNARAYAPATNA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT-562 110. ... RESPONDENTS (BY SRI.VENKATESH DODDEERI, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS AND PARTICULARLY THE R-3 TO CONSIDER THE REPRESENTATIONS OF THE PETITIONERS VIDE ANNEXURES-C DATED 26.05.2011, 'F' DATED 04.11.2015 'N' DATED 17.10.2016 AND 'P; DATED 15.05.2017 AND DIRECT THE R-3 TO EFFECT THE KATHA IN THE NAME OF THE PETITIONERS AS PER THE COMPROMISE PETITION FILED BEFORE THE SENIOR CIVIL JUDGE AND JMFC AT DEVANAHALLI IN O.S.NO.277/2010 VIDE ANNEXURE-B2 DATED 17.09.2010.
THIS WRIT PETITION COMING ON FOR “PRELIMINARY HEARING”, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned AGA, on instructions of Tahsildar of Shidlaghatta, submitted that though on 20.6.2019, the Tahsildar has undertaken to complete the work within four weeks, in between, the officers of the revenue department were utilised for some other work for more than 10 days, which has affected the regular work of his office. It is in this background, the Tahsildar could not keep up the undertaking which was given by him to this Court. Hence, further two weeks’ time is sought to complete the work and necessary endorsement to be placed in this regard.
2. Placing the submission of the learned AGA on record, this petition is disposed of with an observation that if the said work is not completed within four weeks, it is open for the petitioners to approach the contempt Court against the Tahsildar, Shidlaghatta for non compliance of the aforesaid undertaking given this day.
Sd/- JUDGE Cs/-
CT:RG