Citation : 2024 Latest Caselaw 5588 Kant
Judgement Date : 22 February, 2024
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NC: 2024:KHC:7387
WP No. 5321 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.5321 OF 2024 (KLR-RR/SUR)
BETWEEN:
SMT. JAGADAMBA
C/O JAYARAMA,
AGED ABOUT 24 YEARS
R/AT NO.94, POOJAMMA TEMPLE,
MARASUR, THATTANAHALLI VILLAGE,
MURSUR POST, ANEKAL TALUK,
BANGALORE DISTRICT-560 106.
...PETITIONER
(BY SRI ARVIND N, ADVOCATE)
AND:
1. THE TAHSILDAR
ANEKAL TALUK,
ANEKAL, BANGALORE-562106.
2. THE ASSISTANT COMMISSIONER
Digitally BANGALORE SOUTH DIVISION,
signed by R BANGALORE-560001.
MANJUNATHA
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
DIRECTING THE R1 TO CONSIDER THE REPRESENTATION OF
PETITIONER DATED 02/07/2021 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:
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NC: 2024:KHC:7387
WP No. 5321 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 02.07.2021 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.81/2021 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.58/3 measuring 0-05.00 guntas
out of 22 ½ guntas, situated at Rajapura village, Jigani
Hobli, Anekal Taluk, Bengaluru District, has been given to
petitioner. Therefore, unless 11E sketch is procured by the
petitioner at the hands of Assistant Director of Land
NC: 2024:KHC:7387
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,
NC: 2024:KHC:7387
within a period of two months from the date of application
made by the petitioner.
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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