IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.44292/2018 (KLR-RR/SUR) BETWEEN SRI YASEEN KHAN S/O LATE ABDUL JABBAR KHAN AGED ABOUT 45 YEARS RESIDING AT No.7, BSK II STAGE, YARAB NAGAR TIPPU COLONY BENGALURU-560 070 ... PETITIONER (BY SRI N. SANDEEP, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE M S BUILDING BANGALORE-560 001 2. THE TAHASILDAR BANGALORE *SOUTH TALUK KANDAYA BHAVAN K G ROAD BANGALORE-560 009 3. SRI KRISHNA REDDY S/O MUNIREDDY AGED ABOUT 80 YEARS RESIDING AT KAGGALIPURA *Corrected vide court order Dated 14.6.2019 UTTARAHALLI HOBLI BENGALURU SOUTH TALUK-560 029 4. SRI AHMED SHARIFF S/O JAMAL SHARIFF AGED ABOUT 53 YEARS R/A GANDHINAGAR KAGGALIPURA MAIN ROAD KANAKAPURA MAIN ROAD BENGALURU-560 082 5. SMT B N SANDHYA W/O AGED ABOUT 58 YEARS R/A C/O SHASHIDHAR SURVEY NO.41 PANCHAVATI FARM PUTTAREDDY PALYA KAGGALIPURA POST BENGALURU-560082 6. SRI IBRAHIM S/O LATE ABDUL JABBAR KHAN AGED ABOUT 65 YEARS R/A NO.432 KAGGALIPURA KANAKAPURA MAIN ROAD BENGALURU-560 082 7. SRI GHOUSE KHAN S/O LATE ABDUL JABBAR KHAN AGED ABOUT 43 YEARS R/A NO.432, KAGGALIPURA KANAKAPURA MAIN ROAD BENGALURU-560 082 8. SRI JAMEER KHAN S/O LATE ABDUL JABBAR KHAN AGED ABOUT 63 YEARS, R/ NO.303, 17TH CROSS TIPPUNAGAR MYSORE ROAD BENGALURU-560 026 9. SRI KAREEM KHAN S/O LATE ABDUL JABBAR KHAN AGED ABOUT 59 YEARS 10. SMT SHAMSHAD KHANUM D/O LATE JABBAR KHAN AGED ABOUT 53 YEARS 11. SRI WAJID KHAN S/O LATE MEHBOOB KHAN AGED ABOUT 40 YEARS, 12. SMT SHAHEENA BANU D/O LATE MEHBOOB KHAN AGED ABOUT 38 YEARS 13. SMT MUHEENA KHANUM D/O LATE MEHBOOB KHAN AGED ABOUT 36 YEARS 14. SRI JAVEED KHAN S/O LATE MEHBOOB KHAN AGED ABOUT 34 YEARS RESPONDENT NOS.9 TO 14 ARE R/A NO.7, 1ST A MAIN ROAD NEW GURAPPA PALYA BANNERGHATTA ROAD BEHIND IBM, OPP. JALA BHAVAN BENGALURU-562 180 ... RESPONDENTS (BY SRI T.S.MAHANTESH, ADDITIIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2, SRI MUNIYAPPA, ADVOCATE FOR RESPONDENT No.4, SRI GANAPATHI HEGDE, ADVOCATE FOR RESPONDENT No.5, SRI C.S.HIREMATH, ADVOCATE FOR RESPONDENT NOs.6 TO 14) THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE WRIT OF MANDAMUS TO CONSIDER THE APPLICATION DATED 07.11.2017 ANNEXURE-B BY THE 2ND RESPONDENT AND EFFECT CHANGE OF KATHA IN NAME OF THE PETITIONER.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The present writ petition is filed seeking direction to respondent No.2 – Tahasildar, Bengaluru *South Taluk, to consider the application dated 07.11.2017 (Annexure ‘B’ to the petition) filed by the petitioner for change of khata in respect of the land bearing Sy. No.41 measuring 07 Acres 04 guntas situate in Kaggalipura village, Uttarahalli hobli, Bengaluru South Taluk, to his name.
2. The records would indicate that the land measuring 07 Acres 04 guntas in Sy. No.41 originally belonged to Abdul Jabbar Khan, the father of the petitioner and respondent Nos.6 to 10 herein. It is stated that the said land was granted by the Special Deputy Commissioner, *Corrected vide court order Dated 14.6.2019 Abolition of Inams, Bengaluru, Tumakuru and Kolar District, in favour of Abdul Jabbar Khan in case No.84/1958-59. The mutation entries were effected in the name of Abdul Jabbar Khan in respect of the said land. Abdul Jabbar Khan is said to have died on 13.01.1982. After his death, his wife, Smt. Hazarabi, and her brother Ahamed Shareif / Ahmed Shariff (respondent No.4 herein) are stated to have continued to cultivate the said land. Subsequently, Ahmed Sharieff / Ahmed Sharieff is said to have sold the said land in favour of Smt. B.N. Sandhya (respondent No.5 in this petition). It is stated that mutation was effected in the revenue records in respect of the land in question in her name.
3. Being aggrieved by the mutation order vide M.R. No.2/1990-91 (M.R. No.2/1991-92), whereby the entries were made in the revenue records in the name of Smt. B.N. Sandhya (respondent No.3 in R.A.(S).206/07-08 and respondent No.5 in this petition) in respect of the land measuring 07 Acres 04 guntas in Sy. No.41, the petitioner herein along with respondent Nos.6 to 14 herein and two others filed an appeal under Section 49 of the Karnataka Land Revenue Act, 1964, before the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, challenging the mutation order. In the said appeal, respondent Nos.1 to 3 (respondent Nos.3 to 5 herein) were placed ex parte.
4. The Assistant Commissioner, by his order dated 03.03.2010 (Annexure ‘A’ to the petition), allowed the appeal in R.A.(S).206/07-08 and directed the respondent / respondent No.4 – Tahasildar, Bengaluru South Taluk to set aside the mutation order vide M.R. No.2/1991-92 and to effect the khata in the names of the appellants therein jointly in respect of the land in question.
5. Pursuant to the said order passed by the Assistant Commissioner, the petitioner made an application on 07.11.2017 (Annexure ‘B’ to the petition) to the Tahasildar, Revenue Department, Bengaluru (Bengaluru South Taluk) seeking change of khata in his favour in respect of the land in question. The grievance of the petitioner is that in spite of repeated requests, the Tahasildar has not considered his application.
6. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent Nos.1 and 2, learned counsel for respondent No.4, learned counsel for respondent No.5 and learned counsel for respondent Nos.6 to 14. Perused the material on record.
7. Learned counsel for respondent No.5 would submit that respondent No.5 – Smt. B.N. Sandhya has already filed a revision petition in R.P. No.35/2019 before the Deputy Commissioner, Bengaluru District, Bengaluru, and in the said revision petition, the order dated 03.03.2010 passed by the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, in R.A.(S).206/07-08 has been stayed till the next date of hearing (29.04.2019). A memo is filed to that effect.
8. In that view of the matter, this Court is of the considered opinion that the present writ petition is required to be disposed of with liberty to the petitioner to appear in Revision Petition No.35/2019, which is pending consideration before the Deputy Commissioner, Bengaluru District, Bengaluru.
9. Accordingly, the petition is disposed of with the aforesaid liberty.
10. In view of disposal of this Writ Petition, applications in I.A. No.1 to 3 of 2019 do not survive for consideration and the same stand disposed of.
11. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma