Dismissed

Sri.B.G.Shivamurthappa v. State of Karnataka

Karnataka HC14 Mar 2023WP/5676/2023

Case brief

AI extract

What is this about?

Held that the Tahsildar is legally obliged to consider the petitioner's representation dated 05.10.2020 to enter his name in the Khatha for Sy. No. 74 land based on the Court order. The respondent was directed to pass an appropriate order within three months. The writ petition was disposed of.

What did the court decide?

Respondent No. 4 directed to consider the petitioner's application dated 05.10.2020 and pass an appropriate order to enter his name in the Khatha within three months.

Sri.B.G.Shivamurthappa Vs State of Karnataka — Property and Title | Karnataka HC (2023)

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WP No. 5676 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF MARCH, 2023 BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 5676 OF 2023 (KLR-RES)

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BETWEEN:

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SRI.B.G.SHIVAMURTHAPPA S/O HANUMANTHAPPA, ADOPTED S/O BASAPPA, AGED ABOUT 78 YEARS, AGRICULTURIST, R/AT KABBUR VILLAGE, MAYAKONDA HOBLI, DAVANGERE TALUK, DAVANGERE DISTRICT 577514

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…PETITIONER

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(BY SRI.VIRUPAKSHAIAH.P.H., ADVOCATE)

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AND:

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STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT,

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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M S BUILDING, BENGALURU-560001

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THE DEPUTY COMMISSIONER KAROOR INDUSTRIAL AREA, DAVANAGERE - HARIHARA ROAD, DAVANAGERE-577006

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THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION, DAVANAGERE 577001

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THE TAHSILDHAR DAVANAGERE TALUK, DAVANAGERE 577001

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…RESPONDENTS

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(BY SRI.SHOWRI.H.R., AGA)

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WP No. 5676 of 2023

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT Nos.2 TO 4 TO EFFECT KHATA IN FAVOUR OF THE PETITIONER HEREIN IN RESPECT OF THE LAND BEARING SY.NO.74 MEASURING TO AN EXTENT OF 15 ACRES 12 GUNTAS SITUATED AT KABBUR VILLAGE, DAVANAGERE TALUK AND DIST. BY CONSIDERING THE REPRESENTATION DATED 05.10.2020 VIDE ANNEXURE-C.

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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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Learned Additional Government Advocate accepts

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notice for respondent Nos.1 to 4.

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Though the matter is listed for Preliminary

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Hearing, with the consent of learned counsel for the parties, matter is taken up for final disposal.

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Heard the learned counsel

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Sri.Virupakshaiah.P.H., for petitioner and learned

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Additional Government Advocate Sri.H.R.Showri for

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respondents. Perused the writ petition papers.

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Learned counsel for the petitioner would submit

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that petitioner is adopted son of one

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Smt.Channabasamma. It is submitted that petitioner filed

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WP No. 5676 of 2023

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R.A.No.18/2013 before the I Additional District and Sessions Judge at Davanagere against the judgment and decree dated 12.12.2012 in O.S.No.354/2006 which was allowed and it is declared that item No.8 is the absolute property of the appellant i.e., petitioner herein and also it is declared that appellant is entitled to 1/3^rd share in item Nos.1 to 5, 7, 9 to 13. Learned counsel would submit that subsequent to the judgment in R.A.No.18/2013 dated 29.08.2020, petitioner submitted representation/ application to the fourth respondent-Tahasildar under Annexure-C dated 05.10.2020 requesting to enter petitioner’s name in the revenue records of the lands in question in terms of the Court order. It is the grievance of the petitioner that said application/representation is pending consideration and no action is taken.

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Learned Additional Government Advocate on

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the other hand would submit that request of the petitioner would be examined in the light of the Court order and appropriate order would be passed.

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WP No. 5676 of 2023

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The claim of the petitioner under Annexure-C

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representation/application dated 05.10.2020 is to enter his name to the lands in question i.e., Sy.No.74 to an extent of 15 acres 12 guntas situated at Kabbur Village, Davanagere Taluk and District, based on the judgment and decree in R.A.No.18/2013 dated 29.08.2020 (Annexure-B). The fourth respondent-Tahasildar is legally obliged to consider the said request. As the fourth respondent failed to perform his statutory duty, petitioner would be entitled for a writ of mandamus as prayed. Hence, the following:

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ORDER

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Respondent No.4 is directed to consider the representation/application of the petitioner at Annexure-C dated 05.10.2020 and pass appropriate order with regard to entering petitioner’s name in the Khatha in respect of land bearing Sy.No.74 to an extent of 15 acres

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12 guntas situated at Kabbur Village,

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WP No. 5676 of 2023

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Davanagere Taluk and District, within a period

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of three months from the date of receipt of a

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copy of this order.

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With the above, writ petition stands disposed of.

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Sd/JUDGE

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NC List No.: 1 Sl No.: 43

Sri.B.G.Shivamurthappa v. State of Karnataka

Case brief

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Sri.B.G.Shivamurthappa v. State of Karnataka

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