IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.33086/2018(KLR-RES) BETWEEN SMT SUNITHA D/O LATE KRISHNOJI RAO HOUSE NO.26/1-1, 1ST MAIN ROAD, 2ND CROSS GORAGUNTTE PALLYA BANGALORE 560022 ... PETITIONER (BY SRI VIJAYA M N, ADVOCATE) AND THASILDAR GUBBI TALUK TUMKUR DISTRICT -572 216 ... RESPONDENT (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATION DT 30.11.2015 AND 10.10.2017 BY THE PETITIONER VIDE ANNEXURE-E AND F AND PASS NECESSARY ORDERS.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is said to be the owner of land bearing Sy.No.19/3 of Gubbi, Kasaba Hobli, Gubbi Taluk, measuring to an extent of 1 acre 16 guntas. It is stated that though the land was purchased by him in the year 2014 inspite of applications/representations being given for change of katha, the same is not considered. The acknowledgements which are produced by the petitioner in this writ petition for having given representations would indicate that the sole respondent – Tahsildar was requested to reconsider the representations dated 30.11.2015 and 10.10.2017 for effecting change of katha of aforesaid land in the name of the petitioner. Since there was no response from the respondent Tahsildar, the petitioner has filed the present writ petition.
2. Heard the learned counsel for the petitioner as well as the learned Additional Government Advocate. Perused the material available on record. The same would indicate that the sale is not in dispute. The said sale has taken place at the instance of Debt Recovery Tribunal of Tumakuru, wherein the land in question is sold in favour of the petitioner who has paid the sale consideration to the bank through the vendor who had obtained the loan from the bank by mortgaging the land in question. Therefore, the learned Additional Government Advocate, on instructions from the concerned Officer of Gubbi Taluk would submit that if four weeks’ time is granted, the respondent authority would consider the petitioner’s application for change of katha and transfer of katha would be effected at the earliest.
3. Accordingly, by placing the submission of the learned Additional Government Advocate on record, this writ petition is disposed of. While doing so, the respondent authority is hereby directed to effect change of katha within four weeks’ from the date of receipt of a copy of this order.
Sd/- JUDGE nd/-