Disposed

Sri Gangaraju v. B v the Deputy Commissioner

Karnataka HC7 Mar 2023WP/2905/2023

Case brief

AI extract

What is this about?

Writ petition filed by a son seeking a mandamus to direct land revenue authorities to issue a computerized khatha in his late mother's name and subsequently in his own. Court directed the Tahasildar to consider pending representations within three months.

What did the court decide?

Tahasildar directed to consider Annexures-H and J and pass appropriate orders within three months.

Sri Gangaraju v B Vs the Deputy Commissioner — Land Acquisition | Karnataka HC (2023)

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WP No. 2905 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 2905 OF 2023 (KLR-RES)

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BETWEEN:

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SRI. GANGARAJU V B, S/O BYRAPPA, AGED ABOUT 37 YEARS, R/AT VADERAHALLI VILLAGE, MATHAHALLI POST, DASANAPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE - 562 162.

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…PETITIONER

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(BY SRI. BABU RAO M, ADVOCATE)

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Digitally signed by SUCHITRA M J Location: HIGH COURT OF KARNATAKA

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AND:

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THE DEPUTY COMMISSIONER, BANGALORE URBUN DISTRICT, K G ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, BANGALORE - 560 009.

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THE ASSISTANT COMMISSIONER, BANGALORE NORTH SUB DIVISION, K G ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA,

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WP No. 2905 of 2023

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KANDAYA BHAVAN BANGALORE - 560 009.

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THE TAHASILDAR, BANGALORE NORTH TALUK, K G ROAD, AMBEDKAR VEEDHI, SAMPANGI RAMA NAGARA, KANDAYA BHAVAN BANGALORE - 560 009.

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…RESPONDENTS

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(BY SRI. SESHU V, HCGP FOR R1 TO R3)

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THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS TO ISSUE THE COMPUTERIZED KHATA IN THE SAME OF SMT. JAYAMMA W/O BYRAPPA PERTAINS TO THE EXTENT OF 3 ACRES OF SURVEY NO.20 OF VADERAHALLI VILLAGE, WHICH IS IN THE GRANTEE NAME AS PER THE GRANT ORDER NO.LNDSR 316/81-82 DATED 14/05/1982 AND OM DATED 11.3.1982 AS PER ANNEXURE-B AND A IN THE INTEREST OF JUSTICE AND EQUITY AND ETC.,

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

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WP No. 2905 of 2023

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ORDER

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Learned High Court Government Pleader accepts notice for respondent Nos.1 to 3.

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Though the matter is listed for preliminary hearing, with the consent of learned counsel for the parties, the same is taken up for final disposal.

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The petitioner is before this Court seeking a writ of mandamus directing respondents to issue the computerized khatha in the name of Smt. Jayamma to an extent of 03 acres in Sy.No.20 situated at Vaderhalli Village, Dasanpura Hobli, Nelamangala Taluk, which is in the name of grantee as per Annexures-A and B.

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Heard Sri. M.Babu Rao, learned counsel for the petitioner and Sri. V.Seshu, learned HCGP for the respondents. Perused the writ petition papers.

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The petitioner claims that he is the Son of Smt. Jayamma, who was granted land in terms of Annexures-A and B dated 11.03.1982 and 16.06.1982 measuring 03 acres in Sy.No.20 of Vaderhalli Village, Dasanpura Hobli,

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WP No. 2905 of 2023

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Nelamangala Taluk. It is submitted that the petitioner's mother Smt. Jayamma died on 27.08.2020. Till her death, the name of Smt. Jayamma was not reflected in the computerized khatha. Learned counsel further submitted that earlier the name of Smt. Jayamma was entered in hand written RTC, which is evident from Annexure-E. Thus, he prays for consideration of representations at Annexures-H and J submitted to respondent No.3-Tahsildar requesting to issue computerized khatha in the name of Smt. Jayamma and subsequently to enter the name of the petitioner.

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On the other hand, learned HCGP would submit that if some time is granted, respondent No.3-Tahsildar would consider the request of the petitioner and pass appropriate order in accordance with law.

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The petitioner claims that his mother-Smt. Jayamma was granted land as per Annexures-A and B dated 11.03.1982 and 16.06.1982 measuring 03 acres in Sy.No.20 of Vaderhalli Village, Dasanpura Hobli, Nelamangala Taluk. Annexure-E, RTC would indicate the name of Smt. Jayamma at Column No.9 as well as at Column No.12. It is the

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WP No. 2905 of 2023

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grievance of the petitioner that computerized RTC failed to

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show the name of his mother

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Smt. Jayamma, who is said to have died on 27.08.2020. Petitioner’s representations to issue khatha in respect of the above stated name and thereafter to enter the name of the petitioner is pending consideration. The respondentTahsildar is legally obliged to consider the same in terms of the provisions of the Karnataka Land Revenue Act, 1964 and Rules made thereunder. Accordingly, I proceed to pass the following:

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ORDER

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i. Respondent No.3-Tahsildar is directed to consider Annexures-H and J, representations dated 21.07.2017 and 05.09.2022 and pass appropriate orders in accordance with law within a period of three months from the date of receipt of a copy of this order.

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ii. With the above, writ petition stands disposed of.

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Sd/JUDGE

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SMJ

Sri Gangaraju v. B v the Deputy Commissioner

Case brief

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Sri Gangaraju v. B v the Deputy Commissioner

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