IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JUNE, 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL W.P.No.837/2017 & W.P.Nos.2979-2983/2017 W.P.Nos.4087-4088/2017 (KLR-RR/SUR) BETWEEN 1. Y.T.SIDDALINGAIAH, S/O Y.T.BALATHOTADARYA, AGED ABOUT 67 YEARS 2. Y.T.NAGARAJU, S/O Y.T.BALATHOTADARYA, AGED ABOUT 63 YEARS, BOTH R/O YEDIYUR VILLAGE, KUNIGAL TALUK, TUMKUR DISTRICT-572142. ... PETITIONERS (By Sri SURENDRA KUMAR N., ADV.) AND 1. THE REVENUE SECRETARY, VIDHANA SOUDHA, BENGALURU-1.
2. TAHASILDHAR, KUNIGAL, TUMKUR DIST-572130. ... RESPONDENTS (By Smt.PRAMODINI KISHAN, AGA FOR R1 & R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT R-2 TO MAKE OUT KATHA IN THE NAME OF THE PETITIONER IN RESEPCT OF SURVEY NOS. REFERRED IN THE LETTER FORWARDED BY THE REVENUE INSPECTOR TO TAHASILDAR PRODUCED AT ANNEX-E, THE FOLLOWING SURVEY NOS. (1) LAND MEASURING AN EXTENT OF 0.12 + 13 GUNTAS IN SURVEY NO.103; (2) LAND MEASURING AN EXTENT OF 0.10 GUNTAS IN SURVEY NO.82; (3) LAND MEASURING AN EXTENT OF 08+ 2 ACRES 38 GUNTAS + 25 GUNTAS IN SURVEY NO.64; (4) LAND MEASURING AN EXTENT OF 0.20+0.2 GUNTAS IN SURVEY NO.66; (5) LAND MEASURING AN EXTENT OF 0.27+ 0.6 + 0.2 GUNTAS + 1 ACRE IN SYRVEY NO.57;
(6) LAND MEASURING AN EXTENT OF 0.3 GUNTAS IN SURVEY NO.3, SITUATED AT YADIYUR VILLAGE, KUNIGAL TALUK, ON THE BASIS OF THE ORDER PASSED BY THE LAND REFORMS APPELLATE AUTHORITY, TUMKUR, IN LRF.NO.33/88 DATED 2.8.1989 VIDE ANNEXURE-A AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Learned Additional Government Advocate takes notice for the respondents.
2. As the matter lies in a short compass, with the consent of learned counsel for both parties, the same is taken up for final disposal.
3. The case of the petitioners is that by virtue of the order dated 02.08.1989 passed by the Land Reforms Appellate Authority, Tumkur District, in LRF.No.33/1988, some portions of land comprised in Sy.Nos.103, 82, 64, 66, 57 and 3 situated in Yediyur Village of Kunigal Taluk, Tumkur District, had been granted to the ancestors of the petitioners. It is the further case of the petitioners that in spite of such grant, khatha of the lands have not been transferred in their names, despite making repeated representations.
4. Learned counsel for the petitioners invites the attention of the Court to the representation submitted to the Tahsildar, Kunigal Taluk, vide Annexure-B on 26.10.2016 requesting him to enter the name of the petitioners in the khatha. It is also contended by the learned counsel for the petitioners that petitioners have been in possession of lands in question and there was no legal impediment for the revenue authority to effect khatha in the name of the petitioners.
5. It appears that there is a dispute raised by Archaka of Siddalingeshwara Temple, Yediyur Village for effecting khatha in the name of the petitioners. However, the fact remains that representation of the petitioners has not been considered. In these circumstances, a direction is sought to the Tahsildar to consider the representation for effecting khatha in the name of the petitioners in respect of lands for which occupancy rights have been allegedly granted in favour of the petitioners by the Land Reforms Appellate Authority.
6. It is unnecessary to go into the merits of the claim made.
The representation submitted by the petitioner has not been considered by the Tahsildar. No endorsement is issued by him after considering the representation. The Tahsildar is, therefore, under legal obligation to consider the representation in accordance with law after hearing the petitioners and any other affected person/objector and thereafter, pass a reasoned order in accordance with law within a period of six months from the date of receipt of a copy of this order. Writ Petitions are accordingly disposed of.
Learned Additional Government Advocate is permitted to file memo of appearance within three weeks from today.
Sd/- JUDGE PKS