IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.5385-5388/2019(KLR-RR\SUR) BETWEEN 1. SHRI. VENKATESH GOWDA S/O. LATE N. RAMAIAH, AGED ABOUT 76 YEARS, OCC: AGRICULTURE, 2. SHRI. NARAYANASWAMY S/O. LATE N. RAMAIAH, AGED ABOUT 72 YEARS, OCC: AGRICULTURE, 3. SRI M.R.NANJUNDE GOWDA S/O LATE N.RAMAIAH, AGED ABOUT 62 YEARS OCC: AGRICULTURE/ADVOCATE 4. SRI M.R.ASHWATHE GOWDA, S/O LATE N. RAMAIAH, AGED ABOUT 58 YEARS, OCC : AGRICULTURE RESIDENTS OF MADANAHALLI VILLAGE VELAGALABURRE POST SUGATUR HOBLI KOLAR TALUK AND DISTRICT – 563 101 …PETITIONERS (BY SRI G.A.SRIKANTEGOWDA, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKASA SOUDHA, BENGALURU-560 001.
2. THE TAHSILDAR KOLAR TALUK, KOLAR DISTRICT -563 101. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 & R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT- TAHASILDAR, KOLAR TALUK TO CONSIDER THE REPRESENTATION OF THE PETITONERS DATED 22.08.2016, 26.09.2016, 04.10.2016 (ANNEXURES –C, G & H RESPECTIVELY) AND TO INITIATE LEGAL PROCEEDINGS FOR TRANSFER OF KHATHA AND REVENUE ENTRIES IN THE NAMES OF THE PETITIONERS, WITH RESPECT TO THE LANDS WHICH ARE DESCRIBED UNDER THE SCHEDULE AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioners are before this Court seeking writ of mandamus to respondent No.2 – Tahsildar of Kolar Taluk to consider their representations dated 22.8.2016, 26.9.2016 and 4.10.2016, vide Annexures C, G and H, wherein they have sought for change of katha in respect of properties mentioned in their representations.
2. According to the petitioners, the properties referred to in their representations are purchased by their father under registered sale deeds from its erstwhile owners and was in possession and enjoyment thereof. However, he did not approach the authorities seeking change of katha to his name in respect of said properties. In the meanwhile, he died on 9.11.1997. Thereafter, the petitioners have approached the authorities seeking change of katha of said property to their name vide Annexures C, G and H. It is their grievance that inspite of long lapse of time, the authorities have not responded to their representations. Hence, they are before this Court seeking direction to the authorities.
3. Mrs.L.Gayathri, the Tahsildar of Kolar Taluk, is present before the Court. She would submit that the documents which are produced by the petitioners are taken into consideration and check-list is prepared. She would further submit that the other formality in displaying mandatory notice for change of katha in calling objections for change of katha is required to be completed. Thereafter, statutorily 21 days is required to be given for any objections to be raised with reference to such change of katha and after the completion of said statutory period, if there are no objections, they would pass appropriate orders for effecting change of katha of the properties of the petitioners, if all the documents are in order. The said submission made by the Tahsildar of Kolar Taluk is placed on record.
4. Accordingly, these writ petitions are disposed of.
It is made clear that if change of katha is not done even after there being no objection raised by anybody within 15 days after completion of the statutory period of 21 days or an endorsement if any is not issued seeking any other documents to be produced by the petitioners, it is open for the petitioners to approach the Contempt Court for non compliance of the undertaking given before this Court.
nd/-
Sd/- JUDGE