IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.6377 OF 2019 (LB-RES) BETWEEN:
SRI. YELLAPPA S/O LATE MUNIVEERAPPA AGED 70 YEARS DEVANAGUNDHI VILLAGE ANUGONDANAHALLI HOBLI HOSAKOTE TALUK BANGALORE RURAL DISTRICT – 562 114. (BY SRI JAGADEESHACHARI, ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA, BY ITS SECRETARY PANCHAYATHRAJ DEPARTMENT, M.S.BUILDING, BANGALORE – 560 001.
2. THE SECRETARY, DEVANAGUNDHI GRAMA PANCHAYATH, HOSAKOTE TALUK, BANGALORE RUAL DISTRICT – 562 114.
...RESPONDENTS (BY SRI M.A.SUBRAMANI, HCGP FOR R1; SRI M.S.DEVARAJU, ADVOCATE FOR R2) *** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE DIRECTIONS TO THE R-2 TO CONSIDER THE ANNEXURE – C DATED 24.12.2018 BY WAY OF WRIT OF MANDAMUS AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In this writ petition the petitioner has sought for a writ of mandamus directing respondent No.2 to consider Annexure-C dated 24.12.2018 and to make khatha as per Annexure-A, gift deed dated 26.09.1972 in favour of the petitioner in respect of the property bearing Khaneshumari No.145, measuring 40X60 situated at Devanagundi Village, Anugondanahalli Hobli, Hosakote Taluk, Bangalore Rural District.
2. The learned counsel for respondent – State submits that the representation of the petitioner has already been considered and they have issued an endorsement dated 04.04.2019. In view of the same, the above writ petition does not survive for consideration.
3. The learned counsel for petitioner submits that the representation of the petitioner was rejected only on the ground that in the gift deed the measurement of the property in question is mentioned as “Three ankanas”, but in the representation the petitioner has requested to change khatha for the property measuring 40X60 feet. Now, the learned counsel for petitioner submits that he may be permitted to give fresh representation seeking entry of khatha pursuant to the gift deed only in respect of the land measuring “Three ankanas”.
4. In view of the same the writ petition is disposed of reserving the liberty to the petitioner to file fresh representation along with gift deed to respondent No.2 within two weeks from the date of receipt of the copy of this order. If such representation is given, the respondent No.2 is directed to consider the same in accordance with law.
Sd/- JUDGE VK