IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.1859/2017 & W.P.Nos.31685-688/2017 & W.P.Nos.31689-692/2017 (LR-RES) BETWEEN:
Y.S.SHASHISHEKAR S/O. LATE SIDDALINGA WODEYAR, AGED ABOUT 60 YEARS, R/AT YEDIYUR VILLAGE, KUNIGAL TALUK, TUMKUR DISTRICT – 572 142. ... PETITIONER (BY SRI: SURENDRA KUMAR N., ADVOCATE) AND:
1. THE REVENUE SECRETARY, VIDHANA SOUDHA, REVENUE DEPARTMENT, BENGALURU – 1.
2. TAHASILDHAR, KUNIGAL, TUMKUR DIST – 572 130. ... RESPONDENTS (BY SRI: B.P. RADHA, AGA ADVOCATE FOR R-1 & R-2) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO MAKE PUT KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF SURVEY NOS. REFERRED IN THE LETTER FORWARDED BY THE REVENUE INSPECTOR TAHASILDAR PRODUCED AT ANNEXURE-E, THE FOLLOWING SURVEY NOS. [1] LAND MEASURING AN EXTENT OF 6+3 GUNTAS IN SURVEY NO.103, 2] LAND MEASURING AN EXTENT OF 4 GUNTAS IN SURVEY NO.82, 3] LAND MEASURING AN EXTENT OF 9+6+11+5 GUNTAS IN SURVEY NO.64, 4] LAND MEASURING AN EXTENT OF 8+8+8 GUNTAS IN SURVEY NO.66, 5] LAND MEASURING AN EXTENT OF 9+5+6 GUNTAS IN SURVEY NO.57, 6] LAND MEASURING AN EXTENT OF 3 GUNTAS IN SURVEY NO.03, 7] LAND MEASURING AN EXTENT OF 18 GUNTAS IN SURVEY NO.63, 8] LAND MEASURING AN EXTENT OF 10 IN GUNTAS IN SURVEY NO.80, 9] LAND MEASURING AN EXTENT OF 8 GUNTAS IN SURVEY NO.33/12 AND ETC., THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Additional Government Advocate is directed to take notice for the respondents.
2. Petitioner has approached this Court seeking a writ of mandamus against respondent no.2 – Tahsildar, Kunigal Taluk in Tumakuru District, to enter khatha in his name in respect of Sy. Nos.103, 82, 64, 66, 57, 63, 80 & 33/12 situated at Yediyur village in Kunigal Taluk.
3. According to the petitioner, he has been conferred with occupancy rights in respect of the aforesaid lands as per the order dated 02.08.1989 passed by the Land Reforms Appellate Authority, Tumakuru District, in LRF No.48/88. Petitioner claims to have submitted a representation addressed to the Tahsildar, Kunigal Taluk, requesting him to enter his name in the khatha of the lands in respect of these survey numbers. As no action is allegedly taken by the Tahsildar, petitioner has approached this Court seeking a direction.
4. A perusal of the averments made in the writ petition discloses that the lands were held by Yediyur Siddalingeshwara Temple. Yediyur Siddalingeshwara Temple is not made a party to this writ petition. Therefore, in the absence of proper and necessary party, no order which would adversely affect its interest could be passed in this writ petition.
5. Even as regards Annexure-B – representation, it does not bear any date. Therefore, petitioner should approach the Tahsildar with necessary representation enclosing all the relevant records. Then only, the Tahsildar would be in a better position to appreciate the grievance of the petitioner and take proper action.
6. Therefore, this writ petition is disposed of, reserving liberty to the petitioner to approach the Tahsildar with necessary representation, in which event, I am sure the Tahsildar will take action in accordance with law after hearing all the interested and affected persons.
7. Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE KK