Karnataka High Court
Sri. Rama vs The State Of Karnataka on 6 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:4975
WP No. 1841 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 1841 OF 2024 (KLR-RES)
BETWEEN:
1. SRI. RAMA
S/O. LATE NINGAIAH,
AGED ABOUT 53 YEARS,
2. SMT. SIDDAMMA
W/O. LATE NINGAIAH,
AGED ABOUT 78 YEARS,
BOTH ARE R/OF
HOOTAGALLI VILLAGE,
MYSORE TALUK,
MYSORE DISTRICT-570 018.
...PETITIONERS
(BY SRI. CHANDRAKANTH R GOULAY., ADVOCATE)
Digitally signed by
JUANITA THEJESWINI
AND:
Location: HIGH
COURT OF
KARNATAKA
1. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
VIDHANA SOUDHA,
BANGALORE-560 001.
2. THE SECRETARY
URBAN DEVELOPMENT DEPARTMENT
FOR THE GOVERNMENT OF KARNATAKA,
M.S. BUILDING,
BANGALORE-560 001.
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WP No. 1841 of 2024
3. THE DEPUTY COMMISSIONER
MYSORE DISTRICT,
MYSORE-570 001.
4. THE TAHASILDAR
MYSORE TALUK,
MYSORE DISTRICT-570 001.
...RESPONDENTS
(BY SRI. SESHU V, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RELEVANT RECORDS AND DIRECT THE R3 AND 4 TO
CONSIDER THE APPLICATION OF THE PETITIONERS FOR
CHANGE OF KHATHA IN RESPECT OF THE LAND SY.NO.12/1
(OLD NO.12) MEASURING 1 ACRE 35 GUNTAS SITUATED AT
HOOTAGALLI VILLAGE, KASABA HOBLI, MYSORE TQ. AND
DISTRICT VIDE ANNEXURE-C DTD 09.10.2023 AND ETC.,
THIS WRIT PETITION, COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
The petitioners are seeking a writ of mandamus to
direct the respondent-authorities, more particularly, the
Tahsildar, Mysuru Taluk and the Deputy Commissioner,
Mysuru District to make mutation entries in favour of the
petitioners in respect of Sy.No.12/1 (old Sy.No.12),
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measuring 1 acre and 35 guntas situated at Hootagalli,
Kasaba Hobli, Mysuru Taluk, in terms of the judgment and
decree passed by the II Civil Judge and JMFC, Mysuru, in
O.S.No.57/2010.
2. The petitioners have filed the original suit against
the State Government; the Secretary, Urban Development
Department and the Deputy Commissioner, Mysuru
District, seeking declaration and permanent injunction.
The trial court held that in view of the provisions contained
in Section 3 of the Repeal Act; viz., The Urban Land
(Ceiling and Regulation) Repeal Act, 1999, it was clear
that if the possession of the land deemed to have been
vested with the State Government under sub-section (3)
of section 10 of the principal Act, was not taken over by
the State Government or any person duly authorised by
the State Government in that behalf or by the competent
authority, such proceedings are saved. Consequently, the
suit was decreed with costs while declaring that the right
of the plaintiffs and also the possession of the plaintiffs
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over the suit schedule property has been protected by
virtue of Section 3(2) of the Urban Land (Ceiling and
Regulation) Repeal Act, 1999. However, the State and it
authorities filed Misc. Petition No.63/2014, seeking to set
aside the judgment and decree on the ground that it was
an exparte order. However, the trial court by order dated
05.09.2023 dismissed the Misc. Petition. The learned
Counsel for the petitioners would therefore submit that
having regard to the undisputed facts, when a
representation dated 09.10.2023 was given to the
Tahsildar, the Tahsildar has made a communication on
19.10.2023 to the Deputy Commissioner, Mysuru District
recommending the case of the petitioners for mutation of
the land records in the names of the petitioners.
3. Having regard to the facts narrated hereinabove,
this Court is of the considered opinion that the
respondent-Deputy Commissioner, Mysuru District is duty
bound to pass necessary orders enabling the Tahsildar to
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mutate and enter the name of the petitioners in the land
records as was recommended by the Tahsildar.
4. Consequently, the writ petition stands disposed
of with a specific direction to the respondent-Deputy
Commissioner, Mysuru District to pass necessary orders
enabling the Tahsildar, Mysuru Taluk to proceed and enter
the names of the petitioners in the land records in respect
of the land in question as expeditiously as possible and at
any rate within a period of two months from the date of
receipt of a certified copy of this order.
Ordered accordingly.
Sd/-
JUDGE
DL
CT: JL
