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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06^th DAY OF SEPTEMBER, 2019

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

W.P.NO.50374/2018 (KLR-RR/SUR)

BETWEEN:

M/S CONCORDE INTERNATIONAL

HOTELS PVT LTD.,

A COMPANY INCORPORATED UNDER

THE COMPANIES ACT 1956

OFFICE AT NO.134, HAL AIRPORT

ROAD, KODIHALLI, BENGALURU-560017

REP. BY ITS MANAGING DIRECTOR

MR. JOHN MATHEW.

... PETITIONER

(BY SMT. SUSHEELA S, SENIOR COUNSEL FOR

SRI. T.R.RAMESH, ADVOCATE)

AND:

1.

THE STATE OF KARNATAKA

REP. BY ITS SECRETARY

REVENUE DEPARTMENT

M.S. BUILDING

BANGALORE-560 001.

2.

THE TAHSILDAR

BANGALORE NORTH ADDL.

TALUK, YELAHANKA

BANGALORE-560 063.

.. RESPONDENTS

(BY SRI.Y.D. HARSHA, AGA)

THIS WRIT PETITION IS FILED UNDER ARTICLES

226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING

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TO

DIRECT

THE

R-2

TO

CONSIDER

THE

REPRESENTATION DATED 20.11.2017 AND 14.06.2018

VIDE ANNEXURE-N, P AND Q TO RECTIFY THE REVENUE

ENTRIES IN RESPECT OF SY.NO.101 TO AN EXTENT OF 4

ACRES 37 GUNTAS BY DELETING THE NAME OF

GOVERNMENT

AND

ORDER

NO.269/LRM/77

AND

GOVERNMENT RD NO.269/LRM/77 2, IN COLUMN NO.9

AND 11 OF RTC IN RESPECT OF 4 ACRES 37 GUNTAS

ONLY AND INSERT THE NAME OF PETITIONER HEREIN.

THIS PETITION COMING ON FOR ORDERS THIS DAY,

THE COURT MADE THE FOLLOWING:

O R D E R

Petitioner has sought for the following relief;

“(i) Issue writ of mandamus directing

the 2^nd respondent to consider the

representations

dated

20.11.2017,

04.01.2018

and

14.06.2018

vide

Annexure- N, P & Q to rectify the

revenue entries in respect of Sy.No.101

to an extent of 4 Acres 37 guntas by

deleting the name of Government and

orders

No.269/LRM/77

AND

Government RD No.269/LRM/77 2, in

column No.9 and 11 of RTC in respect

of 4 Acres 37 guntas only and insert

the name of petitioner herein.”

contending interalia that an extent of 4 Acres 37 guntas

in Sy.No.101 situated at Shettigere Village, Jala Hobli,

Devanahalli

Taluk

now

Bangalore

North

Taluk,

Bangalore District, had been converted to non-

agricultural industrial purposes way back in year 1972

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i.e., on 14.12.1972 vide Annexure-F and while seeking

permission for change of land use from agriculture to

commercial purposes petitioner had been directed by

authorities to produce RTC extracts in respect of

Sy.No.101 and on obtaining the same it was noticed

that in the Cl.No.10 and 11, name of the Government

has been depicted and for rectifying the error

representations had been submitted by petitioner on

20.11.2017,

04.01.2018

and

14.06.2018

vide

Annexures- N, P & Q and said representations have not

been considered. As such, direction by way of writ of

mandamus is sought for by the petitioner.

2.

However, during the pendency of present

petition Special Tahsildar, Yelahanka Taluk, Yelahanka

in Dgï.Dgï.n/(eÁ)«ªÁzÀ/¹.Dgï/474/18-19 dated 06.02.2019

vide Annexure-R has been examined the claim of

petitioner and by said order has deleted the entry-

“Government” as reflected in RTC extracts and inserted

“Land Converted” (NAK). This would clearly indicate

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that prayer of petitioner has been addressed to by the

Special Tahsildar, Yalahanka Taluk, Yelahanka. In that

view of the matter, present petition stands disposed of

by placing said order on record.

3.

Petitioner would be at liberty to prosecute

their claim for change of land use by pursuing their

claim, which is now pending before appropriate

Government. However, no opinion is expressed with

regard to said application or merits of said application.

Ordered accordingly.

I.A.No.1/18 dismissed as not pressed.

I.A.No.1/19 stands disposed of in view of the

petition having been disposed of on merits.

SD/-

JUDGE

RU