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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 03^RD DAY OF AUGUST, 2021

BEFORE

THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

WRIT PETITION No.45044/2019 (LB-RES)

BETWEEN

SRI K.N.GOPAL

S/O LATE MARIYAPPA

AGED ABOUT 65 YEARS,

R/AT SANTHE BEEDHI,

NEAR PUBLIC LIBRARY,

KUNIGAL KOTE

KUNIGAL TOWN

TUMAKURU DISTRICT – 572 131.

... PETITIONER

(BY SRI JAYARAMA B.L., ADVOCATE (VIDEO CONFERENCING))

AND

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THE CHIEF OFFICER

TOWN MUNICIPAL

KUNIGAL TOWN,

KUNIGAL

TUMAKURU DISTRICT – 572 131.

2.

THE ASSISTANT COMMISSIONER

TUMAKURU SUB-DIVISION,

TUMAKURU – 572 101.

... RESPONDENTS

(BY SRI SHIVASHANKARA Y.D., ADVOCATE

(VIDEO CONFERENCING)

SRI NITHYANANDA K.R., HCGP FOR R2(PHYSICAL HEARING))

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND

227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE

R-1 TO CONSIDER THE REPRESENTATION FILED BY THE

PETITIONER DATED 15.04.2019 VIDE ANNX-F TO RESTORE THE

KHATHA

OF

THE

PROPERTY

BEARING

OLD

ASSESSMENT

NO.2082/2021, NEW ASSESSMENT NO.68/60, MEASURING 15' X

20' FEET, SITUATED AT SANTHE BEEDHI, KOTE, KUNIGAL TOWN

AS PER THE ORDER PASSED BY THE R-2 VIDE ANNX-E DATED

26.04.2017.

THIS WRIT PETITION COMING ON FOR PRELIMINARY

HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE

FOLLOWING:

ORDER

The petitioner is before this Court seeking a writ in the

nature of mandamus to consider the representation submitted

by the petitioner on 15-4-2019, seeking restoration of khata of

the property bearing old assessment No.2082/2021, new

assessment No.68/60, measuring 15 x 20 sq. ft. situated at

Santhe Beedhi, Kote, Kunigal town as per the order passed by

the second respondent – the Assistant Commissioner, Tumkuru

Sub-division, Tumkuru.

2. Heard Sri Jayarama B.L., learned counsel appearing for

the petitioner,

Sri

Shivashankara

Y.D.,

learned

counsel

appearing for the first respondent, Sri Nithyananda K.R., learned

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High Court Government Pleader appearing for the second

respondent and perused the material on record.

3. The petitioner was allotted a site as aforesaid on

31.08.1996 by the first respondent – The Chief Officer, Kunigal

Town Municipal, Tumkuru district. Pursuant to the allotment,

Khata was also issued in favour of the petitioner on the strength

of the said allotment. It transpires that the Chief Officer, Town

Municipal after about 15 years of issuance of khata, cancelled

the khata that stood in the name of the petitioner without any

notice or informing the reason for passing the order of

cancellation of khata.

4. The petitioner knocked the jurisdictional Assistant

Commissioner calling in question the action of the Chief Officer,

Town

Municipal,

cancelling

the

Khata.

The

Assistant

Commissioner by an order dated 26.04.2017, directed that the

order cancelling the khata dated 11.03.2013 was without any

reason and notice to the petitioner and directed the Chief Officer

of the Town Municipal Council to issue notice, hear the

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petitioner and till then, the interim order that was granted by

him, staying the order of the Chief Officer, Town Municipal

Council cancelling the khata, to continue.

5. After the order passed by the Assistant Commissioner,

the first respondent – the Chief Officer, Town Municipal Council

has done nothing in the matter. The petitioner also gave a

representation on 15-4-2019, to act in terms of what the

Assistant Commissioner had ordered in his order dated

26.04.2017, which is not even considered by the first

respondent.

6. Therefore, the following:

ORDER

i. The writ petition stands disposed.

ii. The first respondent – the Chief Officer is directed to act

upon the order passed by the Assistant Commissioner

in his order dated 26.04.2017 as also the representation

submitted by the petitioner dated 15.04.2019, hearing

the petitioner as was directed by the Assistant

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Commissioner and then pass appropriate orders in

accordance with law