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Smt. Rekha vs The Tahsildar
2024 Latest Caselaw 5587 Kant

Citation : 2024 Latest Caselaw 5587 Kant
Judgement Date : 22 February, 2024

Karnataka High Court

Smt. Rekha vs The Tahsildar on 22 February, 2024

Author: R Devdas

Bench: R Devdas

                                           -1-
                                                       NC: 2024:KHC:7388
                                                  WP No. 5320 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 22ND DAY OF FEBRUARY, 2024

                                         BEFORE
                         THE HON'BLE MR JUSTICE R DEVDAS
                    WRIT PETITION No.5320 OF 2024 (KLR-RR/SUR)
              BETWEEN:

              SMT. REKHA
              D/O PUTTARAJU,
              AGED ABOUT 31 YEARS
              R/AT NUMBER #03, MASTENAHALLI, JIGANI,
              JIGANI HOBLI, ANEKAL TALUK,
              BANGALORE DISTRICT-560 105.
                                                           ...PETITIONER
              (BY SRI ARVIND N, ADVOCATE)
              AND:

              1.    THE TAHSILDAR
                    ANEKAL TALUK,
                    ANEKAL
                    BANGALORE-562 106.

              2.    THE ASSISTANT COMMISSIONER
Digitally           BANGALORE SOUTH DIVISION,
signed by R
MANJUNATHA          BANGALORE-560001.
Location:                                               ...RESPONDENTS
HIGH COURT    (BY SRI C.N.MAHADESHWARAN, AGA)
OF
KARNATAKA          THIS WRIT PETITION IS FILED UNDER ARTICLES 226
              AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
              DIRECT THE R-1 TO CONSIDER THE REPRESENTATION OF
              PETITIONER DATED 28/07/2021 VIDE ANNEXURE-B FOR
              TRANSFER OF ALL THE REVENUE RECORDS SUCH AS KHATA,
              RTC ETC., IN THE NAME OF THE PETITIONER HEREIN WITH
              RESPECT TO SCHEDULE PROPERTY.

                  THIS WRIT PETITION, COMING ON FOR PRELIMINARY
              HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
                                -2-
                                               NC: 2024:KHC:7388
                                          WP No. 5320 of 2024




                              ORDER

R.DEVDAS J., (ORAL):

Learned Additional Government Advocate takes

notice for both the respondents.

2. The grievance of the petitioner is that although a

representation dated 28.07.2021 was given to the

Tahsildar, Anekal Taluk, bringing to his notice the

judgment and decree passed by the I Additional Senior

Civil Judge and JMFC, Anekal, in O.S.No.160/2021 and

requesting mutation entries accordingly, the Tahsildar has

not passed any orders.

3. Learned Additional Government Advocate submits

that even in terms of the judgment and decree, a portion

of the property in Sy.No.72 situated at Rajapura village,

Jigani Hobli, Anekal Taluk, Bengaluru District, which has a

larger extent of 1 acre 34 guntas, 18½ guntas has been

given to petitioner. Therefore, unless 11E sketch is

procured by the petitioner at the hands of Assistant

NC: 2024:KHC:7388

Director of Land Records, Tahsildar will not be in a position

to entertain such an application.

4. At this juncture, learned counsel for the petitioner

submits that liberty may be reserved to the petitioner to

secure 11E sketch and thereafter file necessary application

before the Tahsildar and direction may be issued to the

Tahsildar to consider same within a time frame.

5. Accordingly, writ petition stands disposed of

directing the petitioner to approach the Assistant Director

of Land Records, secure 11E sketch in terms of the decree

passed by the Civil Court and submit the same along with

judgment and decree passed by the Civil Court, to the

Tahsildar.

6. If the petitioner approaches the Assistant Director of

Land Records, he shall consider such an application and

issue 11E sketch as expeditiously as possible, at any rate,

within a period of two months from the date of application

made by the petitioner.

NC: 2024:KHC:7388

Ordered accordingly.

Four weeks' time is granted to the learned Additional

Government Advocate to file memo of appearance.

Sd/-

JUDGE

kcm

 
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