Karnataka High Court
Sri C Mahesh vs The State Of Karnataka on 3 November, 2022
Bench: Krishna S.Dixit
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER , 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.2841 OF 2016(KLR-RR/SUR)
BETWEEN:
SRI.C.MAHESH
SON OF LATE CHIKKAHANUMAIAH,
AGED ABOUT 37 YEARS,
RESIDING AT NO.112, ABBIGERE,
NEAR GANAPATHI TEMPLE,
ABBIGERE LAT BUS STOP,
BANGALORE - 560 090.
...PETITIONER
(BY SRI.H B RAJU, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE,
M S BUILDING,
BANGALORE - 560 001.
2. THE DEPUTY COMMISSIONER,
BANGALORE DISTRICT,
KANDAYA BHAVAN,
BANGALORE - 560 001.
3. THE ASSISTANT COMMISSIONER,
BANGALORE NORTH TALUK,
BANGALORE - 560 009.
4. THE TAHASILDAR,
BANGALORE NORTH TALUK,
2
YESHWANTHAPURA SUB-DIVISION,
BANGALORE URBAN DISTRICT.
... RESPONDENTS
(BY SRI.V SESHU, HCGP FOR R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE CASES OF
THE PETITIONER ON PAR WITH THE DIRECTIONS ISSUED BY
THIS HON'BLE COURT IN W.P.18750/2010 DATED 21.06.2010
AND SUBSEQUENT ORDER DATED 09.01.2015 PASSED IN
W.P.55493-55496/2014 (KLR-RR/SUR) TO CONSIDER THE
CASE OF THE PETITIONERS IN ACCORDANCE WITH LAW TO
REVEAL THE NAME OF THE PETITIONER IN COLUMN NO.9 &
12 OF COMPUTERIZED RTC AND MUTATION REGISTER IN
RESPECT OF SCHEDULE PROPERTY AT ANNEXURE-C.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
ORDER
Petitioner is knocking at the doors of Writ Court
seeking a direction to the Respondents to consider his
claim for entering of his name in Column Nos.9 & 12 of
computerized RTC by effecting mutation of entries to the
subject property. Learned counsel for the Petitioner
draws attention of the Court to Annexure - A which is a
xerox copy of a Saguvali Grant Extract and the orders of
earlier rounds of litigation in W.P.No.16037 to
16048/1992 disposed off on 01.06.1992 and Judgment
dated 09.01.2015 in W.P.No.55496/2014 (KLR-RR/SUR)
in support of his claim.
2. After service of notice, the official
Respondents having entered appearance through learned
HCGP vehemently oppose the writ petition contending
that the original Grant Register does not contain name of
the Petitioner or his father at all. The original Register
which is shown to the Court at Page No.109 mentions
names of four persons other than the Petitioner and his
father in respect of the land in Sy.No.13. Therefore, he
seeks dismissal of the writ petition.
3. Having heard the learned counsel for the
parties and having perused the petition papers and also
having carefully looked in the original Saguvali Grant
Register graciously produced by learned HCGP, this Court
declines indulgence in the matter broadly agreeing with
the submission made by him. The Grant of land is the
foundational fact for having entries in the Property
Records and since the foundational fact is not
established, the relief sought for in the writ petition
cannot be granted.
In view of the above, this petition being devoid of
merits, is liable to be dismissed and accordingly, it is,
costs having been made easy.
This Court appreciates the able assistance rendered
by the learned HCGP in the matter.
Sd/-
JUDGE
Bsv
