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2024 Supreme(Online)(KAR) 34

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 17880 OF 2023 (KLR-RES)

BETWEEN:

SMT. MUNIYAMMA, W/O LATE ANJANAPPA, AGED ABOUT 70 YEARS, MINDAHALLI VILLAGE, KASABA HOBLI, MALUR TALUK, KOLAR DISTRICT - 563 101.

…PETITIONER (BY SRI. P. DHANANJAYA, ADVOCATE FOR SRI. NEELAKANTHAPPA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, Digitally signed REVENUE DEPARTMENT, M.S. BUILDING, by USHA N S BENGALURU - 560 001.

Location:

HIGH COURT OF KARNATAKA 2. THE DEPUTY COMMISSIONER, KOLAR DISTRICT, KOLAR - 563 101.

3. THE ASSISTANT COMMISSIONER, KOLAR SUB DIVISION, KOLAR - 563 101.

4. THE TAHSILDAR, MALLUR TALUK, KOLAR DISTRICT - 563 101.

…RESPONDENTS (BY SRI. SESHU V, HCGP)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT ISSUED BY THE RESPONDENT NO.4 DATED 01.12.2022 AT ANNEXURE-A AND ETC., THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

R.DEVDAS J., (ORAL):

Learned HCGP is directed to take notice for the respondents.

2. Learned counsel for the petitioner submits that consequent to the orders of the Committee for regularisation of unauthorized occupation recommending grant of 30 guntas of land in Sy.No.85 of Mindahalli Village, Kasaba Hobli, Malur Taluk, Kolar District, and a grant certificate being issued on 25.12.1980, the name of the petitioner was entered in the land revenue records and the petitioner has been cultivating the land in question. However after computerisation, the name of the petitioner is missing from the land revenue records. In this regard, the petitioner has made several representations to the 4th respondent-Tahsildar, Mallur Taluk, Kolar District to re- enter the name of the petitioner in the land revenue records. However, no orders have been passed by the respondent-Tahsildar till date and therefore, the petitioner has approached this Court seeking a direction to the 4th respondent-Tahsildar to enter the name of the petitioner in the computerised land revenue records.

3. After hearing the learned counsel for the petitioner, the learned HCGP and on perusing the petition papers, this Court finds from the material on record that the name of the petitioner was earlier entered in the land revenue records. However, if the Tahsildar is of the opinion that the petitioner has not been granted land, nevertheless, it is the duty of the Tahsildar to secure the original grant records, Saguvali Chit issue register and other contemporaneous records to satisfy himself regarding the grant made in favour of the petitioner. Moreover, there is no reason why the name of the petitioner which was earlier entered in the land revenue records has not been continued after computerization and hence, the Tahsildar is duty bound to look into all these aspects and pass necessary orders.

4. Consequently, this writ petition stands disposed of with a specific direction to the 4th respondent -Tahsildar to consider the representations given by the petitioner and in the light of the observations made hereinabove, verify the original records and pass necessary orders to enter the name of the petitioner in the land revenue records as expeditiously as possible and at any rate within a period of two months from the date of receipt of copy of this order.

5. Learned HCGP is permitted to file memo of appearance within a period of four weeks from today.

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