Karnataka High Court
Sri. Mallikarjuna K.M vs State Of Karnataka on 20 February, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:6994
WP No. 4281 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. 4281 OF 2024 (KLR-RR/SUR)
BETWEEN:
SRI. MALLIKARJUNA K.M,
S/O MARULASIDAPPA,
AGED ABOUT 38 YEARS,
R/AT KURUBARAHALLI GRAMA,
HANDRALU POST, JAVAGAL HOBLI,
ARASIKERE, HASSAN - 573 122.
...PETITIONER
(BY SRI. MADHU M.T, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
REVENUE DEPARTMENT,
Digitally signed by VIDHANA SOUDHA,
DHARMALINGAM
BENGALURU - 560 001,
Location: HIGH
COURT OF REPRESENTED BY PRINCIPAL SECRETARY.
KARNATAKA
2. THE TAHSILDAR,
ARASIKERE TALUK,
HASSAN - 573 103.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO a) QUASH THE
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NC: 2024:KHC:6994
WP No. 4281 of 2024
ENDORSEMENT DATED 12/08/2023 BEARING NO. RRT
0021/2022-23 ISSUED BY R2 VIDE ANNEXURE-D AND ETC.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Learned Additional Government Advocate is directed to
take notice for both the respondents.
2. Learned counsel for the petitioner submits that
consequent to the judgment and decree passed by the
Additional Civil Judge and JMFC, Arasikere in O.S.No.341/2022
decreeing the suit filed by the petitioner herein and declaring
that the plaintiff is the owner and the possessor of the suit
property and the defendants were permanently restrained from
causing interference in the peaceful possession and enjoyment
of the suit schedule property, the petitioner filed an application
before the Tahsildar on 18.06.2023, to enter the name of the
petitioner in the record of rights, in terms of the judgment
passed by the civil Court. However, the Tahsildar has issued
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the impugned endorsement dated 12.08.2023 stating that one
Smt.Rangamma W/o Maralasiddaiah has filed an objection
stating that her father Sri.Rangegowda had purchased 1 acre of
land out of 4 acres and 3 guntas in Sy.No.5 of Kurubara Village,
Jawagal Hobli, Arasikere Taluk, and therefore, the application
filed by the petitioner should not be entertained.
3. Learned Additional Government Advocate, however,
submits on instructions that the Tahsildar has stated that he
has not issued the impugned endorsement and no application
has been received from the petitioner, as seen in Annexure-C,
since the date found along with the seal is 18.06.2023 and the
said date is a Sunday.
4. Having regard to the submissions made by the
learned counsel for the petitioner, learned Additional
Government Advocate and on perusing the petition papers, this
Court is of the considered opinion that the petitioner is required
to file a fresh application to the Tahsildar seeking entry of his
name in terms of the judgment and decree passed by the Civil
Court. The Tahsildar shall issue notice to the defendants in
O.S.No.341/2022 to find out whether an appeal has been
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preferred by them in respect of the judgment and decree
passed by the trial Court and whether there is any interim
order of stay passed by the Appellate Court. Thereafter, the
Tahsildar, shall proceed to consider the application in
accordance with law.
Ordered accordingly.
Learned Additional Government Advocate is permitted to
file memo of appearance within a period of four weeks.
Sd/-
JUDGE
rv
CT: BHK
