IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF MAY, 2017 BEFORE THE HON'BLE Mr.JUSTICE RAVI MALIMATH WRIT PETITION NO.888 OF 2017 (LR - RES) AND WRIT PETITION NOs.13122 - 13125 AND 13126-13127 OF 2017 (LR – RES) BETWEEN:
1. SRI. Y.S. PRABHU S/O Y.N. SIDDALINGAIAH AGED ABOUT 48 YEARS 2. Y.S. GIRISH S/O Y.N. SIDDALINGHAIAH AGED ABOUT 46 YEARS BOTH ARE R/AT YEDIYUR VILLAGE KUNIGAL TALUK TUMAKURU DISTRICT – 572 142 ... PETITIONERS (BY SRI. N. SURENDRA KUMAR, ADVOCATE) AND:
1. THE REVENUE SECRETARY VIDHANA SOUDHA REVENUE DEPARTMENT BENGALURU – 1 2. TAHASILDHAR KUNIGAL, TUMAKURU DISTRICT – 572 130 ... RESPONDENTS (BY SMT. B.P. RADHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO MAKE OUT KATHA IN THE NAME OF THE PETITIONERS AS PER THEIR POSSESSION IN RESPECT OF SURVEY NOS. REFERRED IN THE LETTER FORWARDED BY THE REVENUE INSPECTOR TAHASILDAR PRODUCED AT ANNEXURE – E THE FOLLOWING SY.NOS. (1) LAND MEASURING AN EXTENT OF 0.08 GUNTAS IN SURVEY NO.66, (2) LAND MEASURING AN EXTENT OF 0.4 GUNTAS IN SURVEY NO.3, (3) LAND MEASURING AN EXTENT OF 2 ACRES 18 GUNTAS IN SURVEY NO.57, (4) LAND MEASURING AN EXTENT OF 2 ACRES 01+10+10 GUNTAS IN SURVEY NO.64, (5) LAND MEASURING AN EXTENT OF 0.10+0.10+0.15 GUNTAS IN SURVEY NO.103, (6) LAND MEASURING AN EXTENT OF 2 GUNTAS IN SURVEY NO.90, (7) LAND MEASURING AN EXTENT OF 1 ACRE + 1 GUNTA IN SURVEY NOS.33/13 THE AFORESAID LANDS SL NO.1 TO 6 ARE ALL SITUATED AT YADIYUR VILLAGE, KUNIGAL TALUK AND SL NO.7 SITUATED AT CHIKKAJJANAHALLI, AMRUTHUR HOBLI, KUNIGAL TALUK, ON THE BASE OF THE ORDER PASSED BY THE LAND REFORMS APPELLATE AUTHORITY TUMAKURU, IN LRF NO.48/88 CLUBBED 33/88 DATED 02.08.1989 IN SO FAR AS THE PETITIONER PRODUCED AT ANNEXURE – A AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Smt.B.P.Radha, learned AGA accepts notice for respondents.
2. Petitioners seeks for a writ of mandamus to direct the second respondent to make out khatha in the name of the petitioners as per their possession in respect of survey numbers referred in the letter forwarded by the Revenue Inspector Tahsildar as at Annexure – ‘E’.
3. Learned AGA submits that if reasonable time is granted, the same will be made in accordance with law.
4. The submission of the learned AGA is noted. The Respondent No.2 is directed to make out khatha in the name of the petitioners as per their possession in respect of survey numbers referred in the letter forwarded by the Revenue Inspector Tahsildar as at Annexure – ‘E’ and pass appropriate orders, in accordance with law, within a period of six months from the date of receipt of a copy of this order.
Petitions are accordingly disposed off.
Smt.B.P.Radha, learned AGA to file memo of appearance in four weeks.
SD/- JUDGE dh