Karnataka High Court
Sri K P Patalappa vs State Of Karnataka on 5 December, 2023
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NC: 2023:KHC:43865
WP No. 21514 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.21514 OF 2022 (KLR-RR/SUR)
BETWEEN:
SRI. K.P. PATALAPPA
S/O LATE PILLA ANJANAPPA
AGED ABOUT 71 YEARS,
R/AT KALKERE VILLAGE,
K.R. PURAM HOBLI,
BENGALURU EAST TALUK - 560 016.
...PETITIONER
(BY SMT. JAYALAKSHMAMMA K.B., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REP. BY ITS REVENUE SECRETARY
VIDHANA SOUDHA,
DR B.R. AMBEDKAR ROAD,
BENGALURU - 560 001.
Digitally signed by
SHARMA ANAND
CHAYA 2. DEPUTY COMMISSIONER
Location: High Court
of Karnataka BENGALURU EAST TALUK,
K.R. PURAM
BENGALURU -560 036.
3. ASSISTANT COMMISSIONER
KANDAYA BHAVAN,
BENGALURU - 560 001.
4. TAHSILDAR
K.R. PURAM TALUK OFFICE,
BENGALURU - 560 036.
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NC: 2023:KHC:43865
WP No. 21514 of 2022
...RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENTS TO CONSIDER THE
TH ND
REPRESENTATIONS DATED 08 JUNE, 2012, 02 DECEMBER,
2013, 11TH OCTOBER, 2021 AND 20TH OCTOBER, 2021 VIDE
ANNEXURES A, A1, A2, A3 AND A4 RESPECTIVELY AND DIRECT
THE RESPONDENTS TO CHANGE THE KHATA IN FAVOUR OF
THE PETITIONER AS PER JUDGMENT AND DECREE DATED 17TH
DECEMBER, 2011 PASSED IN ORIGINAL SUIT NO.26556 OF
2010 BY DELETING THE NAME OF GOVERNMENT FROM
COLUMN NO.9 AND 12 OF THE R.T.C. IN RESPECT OF THE
LAND BEARING SURVEY NO.17 AND 19 MEASURING 7 GUNTAS
AND 11 GUNTAS RESPECTIVELY, SITUATE AT KALKERE
VILLAGE, HORAMAVU POST, K.R. PURAM HOBLI, BENGALURU
EAST TALUK; AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The grievance of the petitioner in this writ petition is with
regard to non-consideration of representations dated 08th June,
2012 (Annexure-A); 02nd December, 2013 (Annexure-A1), 11th
October, 2021 (Annexures 'A2' and 'A3'), 20th October, 2021
(Annexure-A4) by the respondent-Authorities for change of
Khata in favour of the petitioner in respect of subject land.
2. Heard Smt. Jayalakshmamma K.B., learned counsel
appearing for the petitioner and Sri. Harisha A.S., learned
Additional Government Advocate appearing for respondents.
NC: 2023:KHC:43865
3. Having heard the learned counsel appearing for the
parties and taking into consideration the averments made in
the writ petition, the respondent No.4-Tahsildar is directed to
consider the representation dated 20th October, 2021
(Annexure-A4) in accordance with law, within an outer limit of
three months from the date of receipt of this order. It is made
clear that, this Court has not expressed any opinion on merits
of the case.
4. It is also made clear that, till the consideration of
representation dated 20th October, 2021 (Annexure-A4) by the
respondent No.4, the respondent-Authorities shall not interfere
with the possession of land by the petitioner. Accordingly, writ
petition is disposed of.
SD/-
JUDGE
ARK
