The High Court disposed of the writ petition praying for issuance of RTC by directing the petitioner to file a representation to the Tahsildar, who must decide within 12 weeks.
Petitioner permitted to file representation with Tahsildar within 4 weeks; Tahsildar to consider and decide within 12 weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF JULY 2021
BEFORE
THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 12731/2021 (KLR RR/SUR)
BETWEEN :
RANGASWAMY S/O MARISHETTY, AGED ABOUT 66 YEARS, OCCUPATION AGRICULTURE, R/A KUNAGALLI VILLAGE, KASABA HOBLI, KOLLEGAL TALUK, CHAMARAJNAGAR DISTRICT - 571 313.
... PETITIONER
(By MS. SARASWATHI., ADVOCATE)
AND :
... RESPONDENTS
(By SRI. R. SRINIVASA GOWDA.,AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R2 TO CONSIDER PETITIONER APPLICATION/REPRESENTATION AND ISSUE THE COMPUTERIZED RTC VIDE ANNEXURE-G DATED 23.11.2020 AND THEREBY PASS APPROPRIATE ORDERS IN ACCORDANCE WITH LAW.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner, who asserts the benefit of grant of 2 acres 12 guntas in survey No. 695 of Kunagalli Village, Kollegal Taluk, Chamarajanagara District [‘ the subject property’ ] has filed this petition for a mandamus to the Tahsildar, Kollegal taluk, Chamarajanagara District (the second respondent) to consider his representation and to issue computerized RTC for the subject property.
The learned Additional Government Advocate submits that the petitioner’s representation has not been considered because certain lands in the villages of Kunagalli, Jakkahalli and Mudigunda are reserved for
3
‘ Madhulamai Betta Reserve Forest ’ under Notification dated 01.12.2015 and the authorities were engaged in ascertaining the boundaries of the Reserve Forest. In Sy. No.695 of Kunagalli Village, an extent of 96.71 acres out of the total extent of 108.68 acres is reserved for this forest. The authorities will have to ascertain whether the land claimed by the petitioner will be within the notified area. The second respondent would consider the representation within a reasonable time.
In the light of these submissions, the petition stands disposed of permitting the petitioner to file a representation with the Tahsildar, Kollegal Taluk, Chamarajanagar District, the second respondent enclosing a certified copy of this order. The petitioner may file such representation within four [4] weeks from the date of receipt of certified copy of this order, and the second respondent, within twelve [12] weeks from the
4
date of receipt of such representation, shall consider the same and decide in accordance with law.
SD/JUDGE
AN/-
1 issue framed by the court
Whether the writ court should direct the Tahsildar to issue a computerized RTC despite pending clarification on reserved forest boundaries.
1 provisions across 1 enactments
RANGASWAMY S/O MARISHETTY
FIRST DIVISIONAL FOREST OFFICER
THE TAHSLIDAR KOLLEGAL TALUK
B. M. SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
