Appayyanna Vs State of Karnataka

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT / COMMAND THE RE-TAHSILDAR, BENGALURU SOUTH TALUK, TO CONSIDER REPRESENTATION DATED 21/12/2023 AS PER ANNX-B GIVEN BY THE PETITIONERS AND TO RESTORE KATHA IN FAVOUR OF FIRST PETITIONER IN RESPECT OF SY.NO.101 MEASURING 2-0-0 AND IN FAVOUR OF SECOND PETITIONER IN RESPECT OF SY.NO.99 MEASURING 2-0-0 AND IN FAVOUR OF THIRD PETITIONER IN RESPECT OF SY.NO.103 MEASURING 2-0-0 SITUATED AT CHINNAKURCHI VILLAGE, KENGERI HOBLI, BENGALURU SOUTH TALUK.

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THIS WRIT PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE R DEVDAS

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ORAL ORDER

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Learned High Court Government Pleader takes notice for all the respondents.

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The grievance of the petitioners is that pursuant to the orders passed by this Court in W.P.No.46792/2016 dated 12.10.2023 setting aside the order of cancellation passed by the Assistant Commissioner, when the petitioners have given representation to the respondentTahsildar to restore their names in the revenue records, no action has been taken by the Tahsildar.

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Learned Counsel for the petitioners submits while drawing attention of this Court to the order dated 12.10.2023 in W.P.No.46792/2016 that this Court found that the respondent-State Government has been unsuccessfully right upto the Hon’ble Supreme Court in Special Leave Petition (Civil) Diary No.37876/2023. Therefore, the common orders passed by the Assistant

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HC-KAR

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Commissioner canceling the grants were set aside by this

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Court on the ground parity. However, the respondentTahsildar has not restored the names of the petitioners in the revenue records. Learned Counsel would also point out to Annexure-C, which is one such order passed by the Deputy Commissioner having regard to the orders passed by this Court and the orders passed by the Hon’ble Supreme Court rejecting the Special Leave Petition filed at the hands of the State Government, the Deputy Commissioner had directed the Tahsildar to restore the names of the grantees in the revenue records. Similar directions are sought by the petitioners.

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Having regard to the admitted facts and the orders passed by this Court in W.P.No.46792/2016 and the subsequent orders passed by the Deputy Commissioner at Annexure-C, the petitioners are entitled to get their names restored in the revenue records.

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Accordingly, the writ petition stands disposed of with a specific direction to the 3^rd respondent-Tahsildar,

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HC-KAR

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Bengaluru South Taluk, Bengaluru, to restore the names of the petitioners herein in the revenue records as they were prior to the order of cancellation passed by the Assistant Commissioner. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this order.

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Ordered accordingly.

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