Disposed

Doddarangappa v. the Tahasildar

Karnataka HC28 Mar 2023WP/6897/2023

Case brief

AI extract

What is this about?

Petitioner sought writ of mandamus directing the Tahasildar to consider his representation and enter his name in the khatha register. Court directed the respondent to verify the grant and take appropriate action within three months.

What did the court decide?

Directed respondent to consider petitioner's representation dated 22.12.2021, verify grant, and pass appropriate order within three months.

Doddarangappa Vs the Tahasildar — Land Acquisition | Karnataka HC (2023)

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WP No. 6897 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 28^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. 6897 OF 2023 (KLR-RR/SUR)

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BETWEEN:

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DODDARANGAPPA S/O PURADAPPA, AGED ABOUT 63 YEARS, R/A LAKKENAHALLI VILLAGE, HOYSALAKATTE POST, HULIYAR HOBALI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT – 572 218.

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…PETITIONER

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(BY SRI. B.G.VIJAYAKUMARA SWAMY., ADVOCATE)

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AND:

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Digitally signed by SUCHITRA M J Location: High Court of Karnataka

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THE TAHASILDAR, CHIKKANAYAKANAHALLI, CHIKKANAYAKANAHALLI TALUK, TUMKUR DISTRICT – 572 218.

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…RESPONDENT

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(BY SRI.V.SESHU, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENT TO CERTIORARI TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER AND REQUESTING TO ENTER THE NAME OF THE PETITIONER IN MUTATION REGISTER AND TRANSFER THE RTC IN HIS NAME IN RESPECT OF THE PROPERTY IN QUESTION AS PER THE ANNEXURE - E DATED 22.12.2021 AND ALLOW THIS WRIT PETITION.

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

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WP No. 6897 of 2023

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ORDER

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Learned High Court Government Pleader accepts notice for the respondent.

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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, the same is taken up for final disposal.

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Heard Sri. B.G.Vijayakumaraswamy, learned counsel for the petitioner and Sri. V.Seshu, learned High Court Government Pleader for the respondent. Perused the writ petition papers.

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Learned counsel for the petitioner would submit that the petitioner is before this Court under Article 226 of the Constitution of India, praying for a writ of mandamus directing respondent to consider Annexure-E-representation dated 22.12.2021, wherein the petitioner has requested the respondent-Tahsildar to enter the name of the petitioner in khatha register in respect of land in Sy.No.242/1 measuring to an extent of 3.18 acres, situated at Merenadu Village, Chikkanayakanahalli Taluk, Tumkur District. Learned counsel

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WP No. 6897 of 2023

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would submit that the petitioner was issued saguvali chit dated 05.11.2008 and the land was granted under Official Memorandum dated 06.06.2008 (Annexure-B). It is submitted that the petitioner paid premium in terms of Annexure-C - Challan. It is the grievance of the petitioner that the name of the petitioner is not entered in the khatha register in respect of land in question. In that regard, the petitioner is said to have submitted representation to the respondent at Annexure-E dated 22.12.2021. The same is pending consideration and no action is taken.

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Learned HCGP on the other hand would submit

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that the petitioner's request at Annexure-E dated 22.12.2021 would be considered in accordance with law within the time frame to be fixed by this Court.

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The materials placed on record i.e., Annexure-B, Official Memorandum dated 06.06.2008 would indicate that the land in Sy.No.242/1 measuring to an extent of 3.18 acres, situated at Merenadu Village, Chikkanayakanahalli Taluk, Tumkur District was granted to the petitioner and

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WP No. 6897 of 2023

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saguvali chit was also issued at Annexure-A. Based on the grant of saguvali chit, the respondent-Tahsildar is required to take further action to enter the name of the petitioner in the khatha register, but the respondent-Tahsildar has failed to perform his statutory duty. Hence, the following:

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ORDER

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i. Respondent-Tahsildar is directed to consider Annexure-E, representation dated 22.12.2021, verify the grant and take action

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in accordance with law to pass appropriate order 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, the writ petition stands disposed of.

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Sd/JUDGE

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SMJ List No.: 1 Sl No.: 42

Doddarangappa v. the Tahasildar

Case brief

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Doddarangappa v. the Tahasildar

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