Allowed

Sri. Padama Pujari, v. the State of Karnataka

Karnataka HC7 Sept 2023WP/18616/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought restoration of his name in the record of rights (RTC) for granted land. The Single Judge refused immediate mandamus, granting liberty to approach authorities via representation, and directed the Tahasildar to rectify the record within three months if an inadvertent omission was found.

What did the court decide?

Petitioner granted liberty to submit fresh representation; Respondent No.3 to consider and decide within three months; directed to include petitioner's name in RTC if omission was inadvertent.

Sri. Padama Pujari, Vs the State of Karnataka — Public Procurement and Tenders | Karnataka HC (2023)

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NC: 2023:KHC:32292 WP No.18616 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7^TH DAY OF SEPTEMBER, 2023 BEFORE

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THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL WRIT PETITION NO.18616 OF 2023 (KLR-RR/SUR)

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BETWEEN:

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Digitally signed by RUPA V

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Location: HIGH COURT OF KARNATAKA

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SRI. PADAMA PUJARI S/O DOMBBAIAH PUJARI AGED ABOUT 60 YEARS R/AT. HALEKER VILLAGE BELAGODU HOBLI SAKALESHPURA TALUK HASSAN DISTRICT 573127.

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(BY SRI. SHANTHAKUMAR K.C. ADV.,)

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AND:

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…PETITIONER

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THE STATE OF KARNATAKA DEPARTMENT OF REVENUE REP. BY ITS PRINCIPAL SECRETARY M.S. BUILDING, AMBEDKAR VEEDI BANGALORE 560001.

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THE ASSISTANT COMMISSIONER SAKALESHPURA SUB DIVISION SAKALESHPURA 573127.

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THE TAHASILDAR SAKALESHAPURA TALUK SAKALESHPURA 573127 DISTRICT HASSAN.

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THE REVENUE INSPECTOR BELAGODU HOBLI, SAKALESHPURA SAKALESHPURA 573127 DISTRICT HASSAN.

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…RESPONDENTS

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(BY SRI. C.N. MAHDESHWARA, AGA)

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NC: 2023:KHC:32292 WP No.18616 of 2023

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THIS W.P. IS FILED UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 AND R3 TO RESTORE THE PETITIONER NAME IN THE RTC IN RESPECT OF LAND BEARING SY NO.15 AN EXTENT OF 3 ACRES SITUATED AT BAGE VILLAGE, BELAGODU HOBLI, SAKLESHPURA TALUK, HASSAN DISTRICT AS PER ANNX-F BEARING NO.RA 130/2021.22 DTD 07.04.2022.

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

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ORDER

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This petition is filed under Article 226 of the

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Constitution of India seeking prayer to issue a writ in the nature of mandamus directing the respondent Nos.2 and 3 to restore petitioner's name in the RTC in respect of the land bearing Sy.No.15 to an extent of 3 acres situated in Bage Village, Belagodu Hobli, Sakleshpura Taluk as per Annexure-F dated 07.04.2022.

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Sri.Shanthakumar K.C., learned counsel for the petitioner submits that the petitioner has been granted land bearing Sy.No.15 measuring 3 acres situated in Bage Village, Belagodu Hobli, Sakleshpura Taluk as per Annexure-A to the writ petition. Pursuant to the grant, the petitioner has paid TT charges and his name has been mutated in the

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3 - NC: 2023:KHC:32292 WP No.18616 of 2023

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revenue records as is evident from Annexure-B. It is submitted that the petitioner's name is left out from the RTC in respect of Sy.No.15 of Bage Village, Belagodu Hobli, Sakleshpura Taluk when the computerized RTC is issued by the revenue authorities. Hence, he seeks to allow the writ petition by directing the respondents to incorporate his name in the relevant software and issue a computerized RTC.

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Per contra, Sri.C.N.Mahadeshwara, learned Additional Government Advocate appearing for the respondents submits that the petitioner has not placed the representation before this Court in the present petition seeking to issue a writ of mandamus. It is submitted that the revenue authorities would look into the grievance of the petitioner if the petitioner is permitted to submit fresh representation airing his grievance.

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I have heard the learned counsel for the petitioner and the learned Additional Government Advocate and perused the material available on record. From the material

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NC: 2023:KHC:32292 WP No.18616 of 2023

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placed before this Court, it prima facie appears that the petitioner has been granted land to an extent of 3 acres in Sy.No.15 of Bage Village, Belagodu Hobli, Sakleshpura Taluk and pursuant to the said grant, the petitioner has paid TT charges and the revenue authorities have entered his name in the revenue records with regard to the said extent. The petitioner has also produced computerized RTC of the subject land. On perusal of the said RTC, it is evident that the name of the petitioner is not found. The document at Annexure-F i.e. office note dated 07.04.2022 makes a reference that the petitioner has approached the revenue authorities with regard to his grievance for incorporation of his name in computerized RTC.

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In view of the same, it would be appropriate to dispose of the petition by granting liberty to the petitioner to submit a fresh representation to the respondent - authorities airing his grievance by enclosing the relevant documents along with copy of this order. If such a representation is made, the respondent No.3 is directed to consider the said

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5 - NC: 2023:KHC:32292 WP No.18616 of 2023

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representation and take appropriate decision in accordance with law within a period of three months from the date of receipt of representation. If the authority comes to the conclusion that by inadvertence, petitioner's name is left out from the computerized RTC, the authority shall take immediate steps to include the name of the petitioner in the computerized RTC.

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With the aforesaid direction, the petition is disposed of.

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Sd/JUDGE

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Sri. Padama Pujari, v. the State of Karnataka

Case brief

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Sri. Padama Pujari, v. the State of Karnataka

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