Sri. Sanjay Kumar H.S. Vs State of Karnataka

STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT AND MUNICIPAL ADMINISTRATION, VIKAS SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU-560001 REPRESENTED BY ITS SECRETARY

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THE DEPUTY COMMISSIONER DEPUTY COMMISSIONERS OFFICE, BANGALORE RURAL DISTRICT, DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK-562110 BENGALURU RURAL DISTRICT

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THE COMMISSIONER CITY MUNICIPAL COUNCIL, DODDABALLAPUR, BENGALURU RURAL DISTRICT-561203

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…RESPONDENTS (BY SRI. H.K.KENCHEGOWDA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOS.1 AND 2;

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2 - NC: 2025:KHC:40046 WP No. 19602 of 2023

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HC-KAR

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SRI. K.N.SRINIVAS, ADVOCATE FOR RESPONDENT NO.3)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE RESPONDENT AND DIRECT THE RESPONDENT TO CONSIDER THE REPRESENTATIONS ANNEXURE-G1 AND G2 DATED 15.11.2021 AND 23.09.2022 TO EFFECT KHATA IN THE NAME OF PETITIONER IN RESPECT OF SUBJECT PROPERTY.

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ

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ORAL ORDER

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The petitioner has sought for a writ in the nature of mandamus to direct the respondents to consider his representations dated 15.11.2021 and 23.09.2022 to effect khata in respect of the subject property.

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The petitioner claims that he is the absolute owner of the property bearing khata No.4131/4121, measuring east to west 26 feet, north to south 90 feet situate at Rojipura, Doddaballapur, Bengaluru Rural District. He claims that the aforesaid property was owned and possessed by his grandfather in whose favour a grant was made by the erstwhile Deputy Commissioner vide order dated 07.02.1966.

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3 - NC: 2025:KHC:40046 WP No. 19602 of 2023

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HC-KAR

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Thereafter, khata was registered in the name of his grandfather, who died on 05.07.1970. His three sons namely, Jagannath, Vishwanath and Somanath succeeded to the said property. Further, Jagannath and Vishwanath executed a release deed dated 22.03.1954 and 19.10.1954 in favour of Somanath, who is the father of the petitioner herein, releasing all their rights in respect of the aforesaid property. After the death of Somanath, the petitioner herein succeeded to the property and became full and absolute owner. He thereafter requested respondent No.3 to enter his name in the property tax register extract. However, respondent No.3 has not considered the same. Therefore, the petitioner is before this Court seeking for a direction to respondent No.3 to consider his representations.

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The respondent No.3 has though entered

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appearance through a counsel has not filed any statement of objections.

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The documents furnished along with the writ petition do show that the petitioner is the full and absolute owner of the property. The petitioner has therefore, submitted

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4 -

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NC: 2025:KHC:40046 WP No. 19602 of 2023

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HC-KAR

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representations before the respondent No.3 requesting him to enter his name in the property tax demand register. Since the same is not done, a direction deserves to be issued to the respondent No.3 to consider the representation.

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Accordingly, this petition stands disposed off directing the respondent No.3 to consider the representations of the petitioner in accordance with law, at the earliest, which at any rate, shall not be later than three months from the date of receipt of a certified copy of this Order.

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Sd/(R. NATARAJ) JUDGE

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PMR

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List No.: 1 Sl No.: 70

Sri. Sanjay Kumar H.S. v. State of Karnataka

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Sri. Sanjay Kumar H.S. v. State of Karnataka

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