Karnataka High Court
Sri.B.G.Shivamurthappa vs State Of Karnataka on 14 March, 2023
Bench: S.G.Pandit
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WP No. 5676 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE S.G.PANDIT
WRIT PETITION NO. 5676 OF 2023 (KLR-RES)
BETWEEN:
SRI.B.G.SHIVAMURTHAPPA
S/O HANUMANTHAPPA,
ADOPTED S/O BASAPPA,
AGED ABOUT 78 YEARS,
AGRICULTURIST,
R/AT KABBUR VILLAGE,
MAYAKONDA HOBLI, DAVANGERE TALUK,
DAVANGERE DISTRICT 577514
...PETITIONER
(BY SRI.VIRUPAKSHAIAH.P.H., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M S BUILDING, BENGALURU-560001
Digitally signed
by
MARIGANGAIAH
PREMAKUMARI 2. THE DEPUTY COMMISSIONER
Location: High
Court of KAROOR INDUSTRIAL AREA,
Karnataka
DAVANAGERE - HARIHARA ROAD,
DAVANAGERE-577006
3. THE ASSISTANT COMMISSIONER
DAVANAGERE SUB-DIVISION,
DAVANAGERE 577001
4. THE TAHSILDHAR
DAVANAGERE TALUK, DAVANAGERE 577001
...RESPONDENTS
(BY SRI.SHOWRI.H.R., AGA)
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WP No. 5676 of 2023
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT Nos.2 TO 4
TO EFFECT KHATA IN FAVOUR OF THE PETITIONER HEREIN IN
RESPECT OF THE LAND BEARING SY.NO.74 MEASURING TO AN
EXTENT OF 15 ACRES 12 GUNTAS SITUATED AT KABBUR VILLAGE,
DAVANAGERE TALUK AND DIST. BY CONSIDERING THE
REPRESENTATION DATED 05.10.2020 VIDE ANNEXURE-C.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate accepts
notice for respondent Nos.1 to 4.
2. Though the matter is listed for Preliminary
Hearing, with the consent of learned counsel for the
parties, matter is taken up for final disposal.
3. Heard the learned counsel
Sri.Virupakshaiah.P.H., for petitioner and learned
Additional Government Advocate Sri.H.R.Showri for
respondents. Perused the writ petition papers.
4. Learned counsel for the petitioner would submit
that petitioner is adopted son of one
Smt.Channabasamma. It is submitted that petitioner filed
WP No. 5676 of 2023
R.A.No.18/2013 before the I Additional District and
Sessions Judge at Davanagere against the judgment and
decree dated 12.12.2012 in O.S.No.354/2006 which was
allowed and it is declared that item No.8 is the absolute
property of the appellant i.e., petitioner herein and also it
is declared that appellant is entitled to 1/3rd share in item
Nos.1 to 5, 7, 9 to 13. Learned counsel would submit that
subsequent to the judgment in R.A.No.18/2013 dated
29.08.2020, petitioner submitted representation/
application to the fourth respondent-Tahasildar under
Annexure-C dated 05.10.2020 requesting to enter
petitioner's name in the revenue records of the lands in
question in terms of the Court order. It is the grievance of
the petitioner that said application/representation is
pending consideration and no action is taken.
5. Learned Additional Government Advocate on
the other hand would submit that request of the petitioner
would be examined in the light of the Court order and
appropriate order would be passed.
WP No. 5676 of 2023
6. The claim of the petitioner under Annexure-C
representation/application dated 05.10.2020 is to enter his
name to the lands in question i.e., Sy.No.74 to an extent
of 15 acres 12 guntas situated at Kabbur Village,
Davanagere Taluk and District, based on the judgment and
decree in R.A.No.18/2013 dated 29.08.2020
(Annexure-B). The fourth respondent-Tahasildar is legally
obliged to consider the said request. As the fourth
respondent failed to perform his statutory duty, petitioner
would be entitled for a writ of mandamus as prayed.
Hence, the following:
ORDER
Respondent No.4 is directed to consider
the representation/application of the petitioner
at Annexure-C dated 05.10.2020 and pass
appropriate order with regard to entering
petitioner's name in the Khatha in respect of
land bearing Sy.No.74 to an extent of 15 acres
12 guntas situated at Kabbur Village,
WP No. 5676 of 2023
Davanagere Taluk and District, within a period
of three months from the date of receipt of a
copy of this order.
With the above, writ petition stands disposed of.
Sd/-
JUDGE
NC
