Disposed

Sri T Narayanappa v. the State of Karnataka

Karnataka HC22 Jun 2021WP/8644/2019

Case brief

AI extract

What is this about?

Justice B. M. Shyam Prasad disposed of a writ petition filed by Sri T. Narayanappa seeking khata certificates for three lands. The High Court directed the petitioner to submit a detailed representation to the Tahsildar within four weeks and ordered the Tahsildar to complete the necessary procedure under Chapter XII of the Karnataka Land Revenue Act, 1964, within three months of receiving said repr

What did the court decide?

Direction to petitioner to make detailed representation within four weeks; Direction to Respondent No. 3 to complete procedure under Chapter XII of Karnataka Land Revenue Act, 1964 within three months

Sri T Narayanappa Vs the State of Karnataka — Property and Title | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 22^ND DAY OF JUNE 2021

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BEFORE

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THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD

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WRIT PETITION NO.8644/2019 (KLR RR/SUR)

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BETWEEN :

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SRI T. NARAYANAPPA S/O LATE SRI THIMMAIAH R/O TUMBADI VILLAGE TUMBADI POST, KASABA HOBLI KORATAGERE TALUK TUMKURU DISTRICT - 572 129.

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... PETITIONER

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(By SRI. HARISCHANDRA. M.,ADVOCATE)

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AND :

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THE STATE OF KARNATAKA DEPT OF REVENUE GOVT OF KARNATAKA BY ITS SECRETARY, MULTI STORIED BUILDING DR. AMBEDKAR ROAD BENGALURU - 560 001.

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DEPUTY COMMISSIONER TUMKURU DISTRICT TUMKURU - 572 129.

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THE TAHASILDHAR KORATAGERE TALUK, KORATAGERE TUMKURU DISTRICT - 572 129.

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VILLAGE ACCOUNTANT/ REVENUE INSPECTOR REVENUE DEPARTMENT KASABA HOBLI KORATAGERE TALUK

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TUMKURU DISTRICT - 572 129.

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... RESPONDENTS

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(By SRI.A.R. SRINIVASA., AGA)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE 3^RD RESPONDENT TO EXPEDITIOUSLY CONSIDER THE REPRESENTATIONS DATED 16.08.2018, 06.09.2018 AND 20.09.2018 VIDE ANNEXURE 'A, A1 & A2'; ISSUE A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRIT OR ORDER OR DIRECTION, DIRECTING THE 3^RD RESPONDENT TO ISSUE KHATA CERTIFICATES IN RESPECT OF THE LANDS BEARING SY.NO. 64/2 OF BIRADENAHALLI VILLAGE MEASURES 0- 15 GUNTAS, THE LAND BEARING SY.NO.3/2 OF TUMBADI VILLAGE MEASURES 0-18-04-00 GUNTAS AND THE LAND BEARING SY.NO. 30 OF BAIRENAHALLI VILLAGE MEASURES 1 ACRES 38 GUNTAS ARE BELONGS TO THE PETITIONER AS PER THE PANCHAYATH PALUPATTI DATED 21/11/2014, ANNEXURE-D.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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O R D E R

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Sri. A.R. Srinivasa, learned Additional Government

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Advocate accepts notice for the respondents. The learned counsel for the petitioner and the learned Additional Government Advocate are heard with consent for final disposal of the writ petition.

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The petitioner has filed this petition for a direction to the Tahsildar, Koratagere Taluk, Koratagere, Tumakuru District [the respondent No.3] to expeditiously consider the petitioners’ different representations for change in the revenue entries for the lands in Sy. No.64/2 of Biradenahalli Village, Kasaba Hobli, Koratagere Taluk, in Sy. No.3/2 of Tumbadi Village, Kasaba Hobli, Koratagere Taluk and in Sy. No.30 of Bairenahalli Village, Kasaba Hobli, Koratagere Taluk [the subject properties].

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The petitioner's case is that his father, Sri. Thimmaiah is the original owner of the subject properties, and on the demise of his father, the khata for the subject properties were made in the name of his mother, Smt. Puttanarasamma. Thereafter, on 21.11.2014, the petitioner and his family members have entered into family parikath acknowledging the partition inter se family members, and in terms of such partition, the petitioner is exclusively entitled to the subject properties. Therefore, the petitioner has submitted different representations, but the respondent No.3 has not taken any action.

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The learned Additional Government

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Advocate, on perusal of the records, submits that the revenue entries for the subject property are jointly made in the names of the petitioner and another member, Smt. Lakshmamma. The respondent No.3 will have to take action as contemplated under Chapter - XII of the

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Karnataka Land Revenue Act, 1964 with issuance of notice to all the concerned, and the respondent No.3 will do the needful at the earliest. Therefore the following:

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ORDER

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[a] The writ petition is disposed of permitting the petitioner to make a detailed representation with the Tahsildar, Koratagere Taluk, Tumakuru District, the respondent No.3, within four [4] weeks from the date of receipt of a certified copy of this order.

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[b] The respondent No.3 shall take necessary measures to complete the procedure as required under Chapter - XII of the Karnataka Land Revenue Act, 1964, within three [3] months from the date of such representation.

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SD/JUDGE

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AN/-

Sri T Narayanappa v. the State of Karnataka

Case brief

What is this about?

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Sri T Narayanappa v. the State of Karnataka

Case brief

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What did the court decide?

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