Sri. Chithaiah vs The State Of Karnataka

Citation : 2024 Latest Caselaw 15062 Kant
Judgement Date : 28 June, 2024

Karnataka High Court

Sri. Chithaiah vs The State Of Karnataka on 28 June, 2024

                                                      -1-
                                                                 NC: 2024:KHC:24076
                                                               WP No. 11468 of 2024




                               IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                   DATED THIS THE 28TH DAY OF JUNE, 2024

                                                     BEFORE
                                   THE HON'BLE MR. JUSTICE E.S.INDIRESH
                               WRIT PETITION NO.11468 OF 2024 (KLR-RR/SUR)
                          BETWEEN:

                          SRI. CHITHAIAH
                          S/O LATE DODDANAGAPPA,
                          AGE: 52 YEARS,
                          R/AT KAARANAGANAHATTY VILLAGE,
                          Y.N. HOSAKOTE HOBLI,
                          PAVAGADA TALUK,
                          TUMKUR DISTRICT - 561202.
                                                                       ...PETITIONER
                          (BY SRI. GANAPATHI C.V., ADVOCATE)

                          AND:

                          1.    THE STATE OF KARNATAKA
                                DEPARTMENT OF REVENUE,
                                VIDHANA SOUDHA,
                                BANGALORE - 560001,
Digitally signed by
SHARMA ANAND                    REPRESENTED BY ITS
CHAYA
Location: High Court of
                                PRINCIPAL SECRETARY.
Karnataka

                          2.    THE DEPUTY COMMISSIONER
                                TUMKUR DISTRICT,
                                TUMKUR - 572101.

                          3.    THE ASSISTANT COMMISSIONER
                                PAVAGADA TALUK,
                                PAVAGADA - 561202.

                          4.    THE TAHSILDAR
                                PAVAGADA TALUK,
                                PAVAGADA - 561202.
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                                          NC: 2024:KHC:24076
                                       WP No. 11468 of 2024




                                              ...RESPONDENTS
(BY SMT. B.P. RADHA, AGA )

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO          THE
RESPONDENT NO.4 TO CONSIDER THE REPRESENTATION
DATED 01.10.2021 SUBMITTED BY THE PETITIONER TO THE
RESPONDENT NO.4 AT ANNEXURE-C, TO ENTER THE NAME OF
THE PETITIONER HEREIN IN THE REVENUE RECORDS I.E. IN
RTC AND MUTATION IN RESPECT OF PROPERTY BEARING SY.
NO.100/1B MEASURING 1 ACRE 3.8 GUNTAS AND PROPERTY
BEARING    SY.NO.100/1D      MEASURING    0-14.07   GUNTAS,
SITUATED AT OBALAPURA VILLAGE, YN HOSAKOTE HOBLI,
PAVAGADA    TALUK,   AS   PER   THE   FINAL   DECREE   DATED
30.08.2018 PASSED IN FDP NO.3/2013.

     THIS PETITION COMING ON FOR PRELIMINARY HEARING,

THIS DAY, THE COURT MADE THE FOLLOWING:


                          ORDER

Learned Additional Government Advocate accepts notice for the respondents.

2. Heard the learned counsel appearing for the parties.

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NC: 2024:KHC:24076 WP No. 11468 of 2024

3. The grievance of the petitioner is that, the name of the petitioner has to be entered in the RTC extracts and mutation register in respect of the subject land in terms of the judgment and decree dated 31.03.2012 passed in OS No.332 of 2012 and as per the Final Decree passed in FDP No.3 of 2013 produced at Annexure-A. In this regard the petitioner has made representation dated 01.10.2021 (Annexure-C) to the respondent-authorities and same is pending consideration.

4. In that view of the matter, without expressing any opinion on the merit of the case, respondent No.4 is directed to consider the representation dated 01.10.2021 (Annexure-C) in accordance with law within an outer limit of three months, from the date of receipt of certified copy of this order. It is also made clear that, the petitioner is permitted to make one more representation along -4- NC: 2024:KHC:24076 WP No. 11468 of 2024 with the relevant documents to enable to respondent No.4 to take decision in the matter. Accordingly, the writ petition is disposed of.

Sd/-

JUDGE SB List No.: 1 Sl No.: 18