IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.29519/2019 (KLR-RES) BETWEEN:
SRI. VENKATESHAPPA SON OF LATE MYAKALAPPA AGED ABOUT 60 YEARS RESIDING AT KANIVENAHALLI VILLAGE, KASABA HOBLI BAVANAHALLI POST MALUR TALUK - 563 103 KOLAR DISTRICT.
(BY SRI. FAYAZ SAB B.G, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE 5TH FLOOR, AMBEDKAR VEDHI MULTI STORIED BUILDING BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER KOLAR DISTRICT, KOLAR - 563 101.
3. THE ASSISTANT COMMISSIONER KOLAR SUB-DIVISION KOLAR DISTRICT - 563 101.
4. THE TAHASILDAR MALUR TALUK KOLAR DISTRICT - 572 205. (BY SRI. Y.D. HARSHA, AGA) ... PETITIONER ... RESPONDENTS THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR ENTIRE RECORDS PERTAINIGN TO THE CASE OF THE PETITIONER DIRECT THE RESPONDENTS TO CHANGE/EFFECT THE REVENUE RECORDS SUCH AS RTC AND MUTATION REGISTER BY REVEALING THE NAME OF THE PETITIONER IN COLUMN NO.9 AND 12 OF COMPUTERIZED RTC AND MUTATION REGISTER IN RESPECT OF SCHEDULE PROPERTY, WHICH IS PRODUCED AND MARKED AS ANNEXURE-D, E, F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for Preliminary Hearing by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Petitioner has sought for issue of writ of mandamus to direct respondents to change/effect the revenue records such as RTC and mutation register by reflecting name of the petitioner in Column Nos.9 and 12 insofar as it relates to property bearing Sy.No.132 measuring 2 acres 4 guntas situated at Kanivehalli Village, Kasaba Hobli, Malur Taluk, Kolar District, as morefully described in the schedule to writ petition.
3. Petitioner claims to be absolute owner of the property bearing Sy.No.132 as described under the schedule to the petition and pursuant to grant made under the Darkasthu Rules on 30.05.1979 revenue records have been mutated to the name of petitioner vide M.R.No.1/1980-81 and as such, name of the petitioner was continued in the revenue records from the year 1980-81 to 2000-2001 as evident from RTC’s – Annexures-‘B’ series. In fact, petitioner has also paid taxes as per receipt dated 10.04.1984-Annexure-C. On the advent of computerization of revenue records name of the petitioner is said to have been left out from being entered in the records and as such petitioner submitted a representation on 17.10.2018-Annexures-D to F to respondent Nos.2 to 4. Said representation having not been considered, petitioner is before this Court for the relief noticed hereinabove.
4. Though petitioner seeks for a positive direction being issued to enter his name in the revenue records, such a direction cannot be issued at this length of time, particularly when petitioner did not prosecute his right, if any, for the past 10 years. It would suffice if a direction is issued to fourth respondent to consider the representation dated 17.10.2018-Annexure-D expeditiously and at any rate within two (2) months from the date of receipt of copy of order as it would meet the ends of justice. However, it is made clear that no opinion is expressed on the claim of petitioner and all contentions are left open. Accordingly, writ petition stands disposed of.
SD/- JUDGE DR