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2023 Supreme(Online)(Kar) 35364
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF APRIL, 2023 BEFORE THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 549 OF 2023 (KLR-RES)
BETWEEN:
SMT. DRAKSHAYANAMMA W/O JAYACHANDRA E AGED ABOUT 51 YEARS R/OF KUDUR, KUDURU HOBLI MAGADI TALUK RAMANAGARA DISTRICT-562120.
…PETITIONER (BY SRI BHASKAR C R, ADV.)
AND:
1. STATE OF KARNATAKA REP. BY CHIEF SECRETARY (REVENUE DEPARTMENT)
VIDHANA SOUDHA Digitally signed AMBEDKAR VEEDI by MARIGANGAIAH BENGALURU-560001.
PREMAKUMARI Location: HIG H COURT OF 2. THE DEPUTY COMMISSIONER KARNATAKA OFFICE OF THE DEPUTY COMMISSIONER RAMANAGARA DISTRICT-562120.
3. THE ASSISTANT COMMISSIONER OFFICE OF THE ASSISTANT COMMISSIONER RAMANAGARA DISTRICT-562120.
4. THE TAHASHILDAR OFFICE OF THE TAHASHILDAR MAGADI TALUK RAMANAGARA DISTRICT-562120.
…RESPONDENTS (BY SRI V SESHU, HCGP FOR R1-R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE RESPONDENTS TO EFFECT CHANGE/MUTATE IN THE REGISTER OF RECORD OF RIGHT AND PAHANI OF THE R4 BY VIRTUE OF THE JUDGMENT AND DECREE PASSED IN O.S.NO.34/1997 ON THE FILES OF THE PRINCIPAL CIVIL JUDGE AND J.M.F.C MAGADI TALUQ, RAMANAGARA DISTRICT ANNX-B FORTHWITH.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice for respondent Nos.1 to 4.
2. Though the matter is listed for Preliminary Hearing, with the consent of learned counsel for the parties, matter is taken up for final disposal.
3. Heard the learned counsel Sri.C.R.Bhaskar for petitioner and learned High Court Government Pleader Sri.V.Seshu for respondents. Perused the writ petition papers.
4. Learned counsel for the petitioner would contend that petitioner is before this Court praying for a writ of mandamus directing the respondent No.4 to effect change/mutate the revenue records in favour of the petitioner in respect of the land in Sy.No.93/1 situated at Kudur Village, Kudur Hobli, Magadi Taluk, Ramanagara District to an extent of 0.01.08 guntas. Learned counsel for the petitioner would refer to the judgment and decree in O.S.No.34/1997 filed by father-in-law of the petitioner Sri.K.H.Eshwarappa wherein it is declared that LR of the plaintiff as the absolute owner of suit schedule property. Learned counsel would submit that subsequent to passing of the decree, petitioner submitted representation at Annexure-D dated 22.06.2012 requesting to enter the name of petitioner in the revenue records in respect of the land in question. It is also submitted that subsequently legal notice dated 27.01.2022 (Annexure-E) was issued to the fourth respondent-Tahasildar which has also not yielded any result.
5. Per contra, learned High Court Government Pleader would point out that in the representation at Annexure-D dated 22.06.2012, petitioner has prayed for change of revenue entries based on the Will executed by father-in-law of the petitioner and petitioner’s request is not on the judgment and decree.
6. Petitioner claims that land in question i.e., Sy.No.93/1 situated at Kudur Village, Kudur Hobli, Magadi Taluk, Ramanagara District to an extent of 0.01.08 guntas under judgment and decree dated 25.11.2010 in O.S.No.34/1997. Though the representation 22.06.2012 refers to O.S.No.34/1997, request to change revenue records is on the strength of the Will.
7. Therefore, it would be appropriate for the petitioner to submit one more representation requesting to change the revenue records based on the judgment and decree dated 25.11.2010 in O.S.No.34/1997. The petitioner shall also enclose the judgment and decree and the relevant documents along with the representation. Said representation shall be submitted within one month from today. If the petitioner submits such representation, respondent No.4 is directed to consider the said representation along with Annexure-D dated 22.06.2012 and pass appropriate orders in accordance with law, within six weeks thereafter.
With the above, writ petition stands disposed of.
