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2024 Supreme(Online)(KAR) 1431
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2024 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO. 14771 OF 2023 (GM-RES)
BETWEEN:
SRI. DEVARAJA.K.P., S/O N. PUTTEGOWDA, AGED ABOUT 58 YEARS, R/AT NO.312, PARK AVENUE ROAD, 4TH CROSS, ROOPANAGAR, MYSORE – 570 002.
…PETITIONER (BY SRI. SHARATH N.,ADVOCATE)
AND:
1. STATE OF KARNATAKA REVENUE DEPARTMENT, REPRESENTED BY ITS SECRETARY, KANDAYA BHAVAN, 8TH FLOOR, KEMPEGOWDA ROAD, BANGALROE – 560 009.
2. KARNATAKA STATE INFORMATION COMMISSION Di gitally ROOM NO.103, 1ST FLOOR, signed by ”MAHITI SOUDHA”
BHARATHI S DEVARAJA URS ROAD, Location:
WEST GATE VIDHANA SOUDHA 02 HIGH COURT OF BENGALURU – 560 001.
KARNATAKA
3. ASSISTANT COMMISSIONER HUNSUR SUB-DIVISION HUNSUR TALUK MYSORE - 571 105.
4. TAHASILDAR PERIYAPATNA TALUK PERIYAPATNA MYSORE – 571 107.
…RESPONDENTS (BY SRI. S.H. RAGHAVENDRA, AGA FOR R1, R3 & R4;
SRI. RAJASHEKHAR K. ADVOCATE FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT NO.2 TO TAKE NECESSARY ACTION AGAINST THE RESPONDENT NO.4 BY SETTING ASIDE THE ENDORSEMENT DATED 18.03.2023 AT ANNEXURE-H. FURTHER, DIRECT THE RESPONDENT NO.4 TO GIVE A POLICE COMPLAINT WITH RESPECT TO THE MISSING DOCUMENT AND FURTHER DIRECT THE RESPONDENT NO.4 TO FURNISH THE CERTIFIED COPY OF THE DOCUMENT OR ORDER TO THE PETITIONER AS SOUGHT FOR IN HIS APPLICATION AT ANNEXURE-“B”.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. The present petition is filed seeking for the following reliefs:
a) Issue a writ of mandamus or any other appropriate writ directing the respondent No.2 to take necessary action against the respondent No.4 by setting aside the endorsement dated 18.03.2023 at Annexure-“H” bearing No.R.K.L.C.R 75/2022-23. Further, direct the Respondent No.4 to give a police complaint with respect to the missing document and further direct the respondent No.4 to furnish the certified copy of the document or order to the petitioner as sought for in his application at Annexure-“B”
2. Heard the learned counsel for the petitioner and learned counsel for the respondents.
3. Learned counsel for the petitioner submits that despite repeated requests/representations made by the petitioner to Respondent No.4/Tahsildar to furnish copies of documents which are public record/permanent records of the year 1945, Respondent No.4/Tahsildar has erroneously issued the impugned endorsement at Annexure-H date 18.03.2023 refusing to accede to the request of the petitioner on the ground that the said documents were not available with him. In this context, learned counsel submits that the petitioner would co-operate with Respondent No.4 and furnish all relevant records for the purpose of reconstructing the said documents/records pursuant to which Respondent No.4 may be directed to issue certified copy of the same to the petitioner as expeditiously as possible.
4. Per contra, learned AGA for respondents submits that subject to availability of the records sought for by the petitioner, respondents would take necessary steps to reconstruct and furnish the records sought for by the petitioner to the extent possible, accordance with law.
5. In view of the aforesaid facts and circumstances and submissions made by both the sides, I deem it just and proper to dispose of this petition directing respondent No.4 to procure the original records and reconstruct the same, to the extent available and possible and issue certified copies of the same in favour of the petitioner. Petitioner is directed to co-operate with respondent No.4 and furnish all the records/documents available with him for the aforesaid purpose. The Respondent No.4 shall receive/accept all records documents etc., furnished to him by the petitioner and take necessary steps to rebuild/reconstruct the records to the extent available/possible and issue certified copies to the petitioner within a period of three months from the date of receipt of a copy of this order. Subject to the aforesaid directions, petition stands disposed off.
