Karnataka High Court
Sri D M Krishnappa vs The Tahsildar on 20 February, 2024
Author: R. Devdas
Bench: R. Devdas
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NC: 2024:KHC:7071
WP NO.4938 OF 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR. JUSTICE R. DEVDAS
WRIT PETITION NO.4938 OF 2024 (KLR-RES)
BETWEEN:
SRI. D.M. KRISHNAPPA
S/O LATE DODDAMUNIYAPPA
AGED ABOUT 64 YEARS,
R/AT NO.173/1, 6TH WARD,
MARICHANAPPA LAYOUT,
VIJAYAURA TOWN,
DEVANAHALLI TALUK,
BENGALURU RURAL - 562 135
...PETITIONER
(BY SRI. MOHAN KUMAR D., ADVOCATE)
AND:
1. THE TAHSILDAR
ADDRESS: 1ST FLOOR, MINI VIDHANA SOUDHA,
YELAHANKA TALUK OFFICE,
YELAHANKA TALUK - 560 064.
Digitally signed by
DHARMALINGAM
2. THE ASSISTANT DIRECTOR OF LAND RECORD
Location: HIGH AND SURVEY SETTLEMENT
COURT OF
KARNATAKA ADDRESS: MINI VIDHANA SOUDHA,
YELAHANKA TALUK OFFICE,
YELAHANKA TALUK - 560 064.
3. THE PANCHAYATH DEVELOPMENT OFFICER (PDO)
ADDRESS: GRAM PANCHAYATH OFFICE,
BANDIKODIGENAHALLI GRAM PANCHAYATH,
JALA HOBLI,
YELAHANKA TALUK - 562 149.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
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WP NO.4938 OF 2024
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
DIRECT THE RESPONDENT NO.1 TO CONSIDER THE
REPRESENTATION OF PETITIONER DATED 08TH FEBRUARY,
2024 VIDE ANNEXUER-B WHEREIN, THE PETITIONER HAS
SOUGHT FOR TRANSFER OF HISSA PAHANI AND
MUTATION KATHA OF THE SCHEDULE PROPERTY IN THIS
NAME SEPARATELY; DIRECT THE RESPONDENT NO.2 TO
CONSIDER THE REPRESENTATION OF PETITIONER DATED
08TH FEBRUARY, 024 VIDE ANNEXURE-B1 WHEREIN THE
PETITIONER HAS SOUGHT FOR PREPARATION OF 11E
SKETCH OF THE SCHEDULE PROPERTY; AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Sri. C.N. Mahadeshwaran, learned Additional
Government Advocate takes notice for respondents.
2. Learned Additional Government Advocate raises
preliminary objection that the petitioner appears to have
given representation on 08th February, 2024 (Annexure-B)
to the Tahsildar, Yelahanka Taluk, seeking mutation entry
in his favour in terms of the judgment and decree passed
in Original Suit No.1043 of 2021 by Principal Senior Civil
Judge and JMFC., Devanahalli (for short, hereinafter
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WP NO.4938 OF 2024
referred to as 'Trial Court'), but the respondent No.1-
Tahsildar will have to issue notice to all the concerned and
thereafter pass orders in accordance with law and for the
said purpose, Tahsildar requires reasonable time.
3. Further, it is pointed by the learned Additional
Government Advocate that the petitioner has given
representation to the respondent No.2-Assistant Director
of Land Records and Survey Settlement, Yelahanka Taluk,
seeking 11-E sketch to enable the mutation entries in
terms of the judgment and decree passed by the Trial
Court. In this regard, learned Additional Government
Advocate contended that the petitioner is required to file
online application for preparation and furnishing of 11-E
sketch and the representation given by the petitioner to
the respondent No.2 at Annexure-B1 cannot be accepted.
4. Consequently, writ petition stands disposed of,
permitting the petitioner to file online application before
the respondent No.2 seeking 11-E sketch in terms of the
judgment and Decree passed by the Trial Court.
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WP NO.4938 OF 2024
5. The petitioner, after obtaining the 11-E sketch at
the hands of the respondent No.2, may approach the
respondent No.1-Tahsildar to mutate his name in the land
records.
Sd/-
JUDGE
ARK
