Allowed

Sri. B. Shankar Deve Gowda v. the Panchayath Development Officer

Karnataka HC30 May 2023WP/4073/2023

Case brief

AI extract

What is this about?

In a writ petition filed under Articles 226 and 227 of the Constitution of India, the High Court of Karnataka allowed the petition and directed the Panchayath Development Officer to consider the petitioner's applications for issuance of an E-Khatha within six weeks. The Court also ordered the petitioner to furnish any other documents required.

What did the court decide?

Writ Petition allowed; Respondent No.1 directed to consider applications for E-Khatha within six weeks; Petitioner may need to furnish additional documents.

Sri. B. Shankar Deve Gowda Vs the Panchayath… — Specific Performance | Karnataka HC (2023)

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WP No. 4073 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 30^TH DAY OF MAY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE C.M. POONACHA WRIT PETITION NO. 4073 OF 2023 (LB-RES)

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BETWEEN:

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SRI. B. SHANKAR DEVE GOWDA S/O. LATE BORE GOWDA, AGED ABOUT 77 YEARS, BHAKATARAHALLI, KOTHIGERE HOBLI, KUNIGAL TALUK, TUMKUKR DISTRICT-572120 AND ALSO AT NO.109, 1^ST CROSS, 6^TH A MAIN, BHUVANESHWARINAGAR, T.DASARAHALLI, BENGALURU-560057.

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…PETITIONER

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(BY SRI. JEEVAN KUMAR B S., ADVOCATE)

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AND:

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Digitally signed by NIRMALADEVI Location: HIGH COURT OF KARNATAKA

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THE PANCHAYATH DEVELOPMENT OFFICER BHAKTHARAHALLI VILLAGE PANCHAYATH, BHAKTHARAHALLI, KUNIGAL TALUK, HEBBUR S.O, TUMKUR DISTRICT-572120.

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THE CHIEF EXECUTIVE OFFICER ZILLA PANCHAYATH, OFFICE OF ZILLA PANCHAYAT, TUMKUR DISTRICT, TUMKUR-572101.

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…RESPONDENTS

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(BY SRI. NAVEEN J N, ADVOCATE FOR SRI A NAGARAJAPPA, ADVOCATE FOR R1 & R2)

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THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION DATED 19.08.2017,

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WP No. 4073 of 2023

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02.11.2022, 14.12.2022 AND 02.01.2023 ANNEXURE-F, G, H AND J AND ETC.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Heard Sri. Jeevan Kumar B.S., learned counsel for the Petitioner and Sri Naveen J.N., learned counsel appearing for Sri.A.Nagarajappa, for respondent Nos.1 and 2.

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The present Writ Petition is filed seeking for the following reliefs:

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"a) Issue a writ by way of Mandamus, directing the respondents to consider the representation dated 19.08.2017, 02.11.2022, 14.12.2022 & 02.01.2023 Annexure-F,G, H and J.

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b) Direct the 1^st Respondent to issue E-Khatha in respect to property belonging to petitioner in a time bound manner in the interest of justice and equity.

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c) Pass such orders as deem fit in the circumstances of the case."

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It is the case of the Petitioner that he is the owner of the property bearing No.71/1, Assessment No.66/B, situated at Bhatkarahalli, Kothigere Hobli, Kunigal Taluk, Tumkur District

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WP No. 4073 of 2023

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and that the revenue records in respect of the said property are standing in his name and that he is in possession of the property and is residing in the same. That the Petitioner made an application on 19.08.2017 (a copy of which is produced at Annexure-F to the Writ Petition) to respondent No.1 for issuance of E-Khatha. Since the said application was not considered, the Petitioner made another application on 02.11.2022.

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Since the application of the Petitioner dated 19.8.2017 and 02.11.2022 were not considered, the Petitioner again made applications dated 14.12.2022 and 02.01.2023 to Respondent No.2. (copies of which are produced at Annexure-H and J to the Writ Petitioner). Despite the same, since the request of the Petitioner for grant of E-Khatha has not been considered, the present Writ Petition is filed.

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Learned counsel for Respondents submits that the application/s would be considered within a reasonable time.

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In view of the aforementioned, relief claimed by the Petitioner in the above petition is liable to be granted. Hence, I proceed to pass the following

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WP No. 4073 of 2023

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ORDER

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i) Writ Petition is allowed.

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ii) Respondent No.1 is directed to consider the applications dated 19.08.2017 and 02.11.2012 made by the Petitioner for issuance of E-Khatha as expeditiously as possible, in any event, not lather than six weeks from the date of receipt of a copy of this order.

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iii) The Petitioner shall furnish such other documents as respondent No.1 may require while considering the application of the Petitioner.

No costs.

Sd/JUDGE

List No.: 38 Sl No.: 15

Sri. B. Shankar Deve Gowda v. the Panchayath Development Officer

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Sri. B. Shankar Deve Gowda v. the Panchayath Development Officer

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