(BY SRI. VIJAYASHEKARA GOWDA V, ADVOCATE) v. (BY SRI. C.N. MAHADESHWARAN, AGA)
Case at a glance
- Bench
- R DEVDAS
- Neutral citation
- 2024:KHC:14566
Provisions considered
- Constitution of India art. 226
Judgment
2. SMT. THIMMAKKA, W/O NARASAIAH, AGED ABOUT 67 YEARS, NO. 23/B, 9TH A MAIN ROAD, 2ND CROSS, VIJAYANAGAR, BANGALORE - 560 040, AADHAAR NO. [REDACTED]. THEJESWINI Location: HIGH COURT OF KARNATAKA
3. SRI. C. MURALI, S/O CHELUVARAJU, AGED ABOUT 36 YEARS, NO. 226, 9TH CROSS, TELECOM LAYOUT, K.P. AGRAHARA, MAGADI ROAD, BENGALURU - 560 023, AADHAAR NO. [REDACTED]. - 2 - NC: 2024:KHC:14566 WP No. 24559 of 2023
4. SRI. EREGOWDA, S/O LATE MAYANNAGOWDA, AGED ABOUT 69 YEARS, HETTAGONAHALLI VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 432, AADHAR NO. [REDACTED].
5. SRI. GIRISHA C.R, S/O T. RAMESH A, GRAND FATHER DASAPPA, AGED ABOUT 34 YEARS, NO. 8, KOTTE BETTA ROAD, JODDICHIKANAHALLI, HARADANAHALLI POST, NAGAMANGALA TALUK, MANDYA - 571 432, AADHAR NO. [REDACTED].
6. C.V. SHRINIVASA, S/O VENKATAIAH, AGED ABOUT 66 YEARS, JODICHIKKANAHALLI VILLAGE, HARADANAHALLI POST, DEVALAPURA HOBLI, NAGAMANGALA TALUK, MANDYA - 571 445, AADHAR NO. [REDACTED]. (BY SRI. VIJAYASHEKARA GOWDA V, ADVOCATE) …PETITIONERS AND:
THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU - 560 001. - 3 - NC: 2024:KHC:14566 WP No. 24559 of 2023
THE DEPUTY COMMISSIONER, MANDYA DISTRICT, MANDYA - 571 432.
THE ASSISTANT COMMISSIONER, PANDAVAPURA SUB DIVISION, PANDAVAPURA, NAGAMANGALA TALUK, MANDYA DISTRICT - 571 434.
THE TASHILDAR, NAGAMANGALA TALUK, NAGAMANGALA, MANDYA DISTRICT - 571 432. (BY SRI. C.N. MAHADESHWARAN, AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT TO THE R-4 TO CONSIDER THEIR REPRESENTATION DATED 02/11/2023 AS PER ANNEXURE-R AND TO ENTER THEIR NAMES IN THE RTCs IN ACCORDANCE WITH AND TO MUTATE THEIR NAMES IN REVENUE RECORDS AS PER THE GRANT ORDERS AND ETC., THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING: ORDER R.DEVDAS J., (ORAL): Learned Additional Government Advocate is directed to take notice for both the respondents. - 4 - NC: 2024:KHC:14566 WP No. 24559 of 2023
2. Learned counsel for the petitioners submits that consequent the orders of the Committee regularisation of unauthorized occupation recommending grant of land in Sy.No.61 of Devara Mallanayakanahalli Village, Devalapura Hobli, Nagamangala Taluk, Mandya District, land was granted on 14.01.2000 LND.CR.No.237/2022-23. The name of the petitioners was entered in the land revenue records and the petitioners have been cultivating the land in question. However after computerisation, the name of the petitioners is missing from the land revenue records. In this regard, the petitioners have made representations the 4th respondent-Tahsildar, Nagamangala Taluk, to re-enter the name of the petitioners in the land revenue records. However, no orders have been passed by the respondent- Tahsildar till date and therefore the petitioners have approached this Court seeking a direction to the 4th respondent-Tahsildar to enter the name of the petitioners in the computerised land revenue records. - 5 - NC: 2024:KHC:14566 WP No. 24559 of 2023
3. After hearing the learned counsel for the petitioners, the learned Additional Government Advocate and on perusing the petition papers, this Court finds from the material on record that the name of the petitioners was earlier entered in the land revenue records. However, if the Tahsildar is of the opinion that the petitioners have not been granted lands, nevertheless, it is the duty of the Tahsildar to secure the original grant records, Saguvali Chit issue register and other contemporaneous records to satisfy himself regarding the grant made in favour of the petitioners. Moreover, there is no reason why the name of the petitioners which was earlier entered in the land revenue records has been continued after computerization, the Tahsildar is duty bound to look into all these aspects and pass necessary orders.
4. Consequently, this writ petition stands disposed of with a specific direction to the 4th respondent -Tahsildar to consider the representations given by the petitioners and in the light of the observations made - 6 - NC: 2024:KHC:14566 WP No. 24559 of 2023 hereinabove, verify the original records and pass necessary orders to enter the name of the petitioners in the land revenue records as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order.
Learned Additional Government Advocate is permitted to file memo of appearance within a period of four weeks from today. Sd/- JUDGE List No.: 1 Sl No.: 29 CT: BHK
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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