Karnataka High Court
Smt. Nirmala W/O Channabasappa ... vs State Of Karnataka & Ors on 1 August, 2013
Author: Mohan M Shantanagoudar
Bench: Mohan .M. Shantanagoudar
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT GULBARGA
ST
DATED THIS THE 1 DAY OF AUGUST, 2013
BEFORE
THE HON'BLE MR.JUSTICE MOHAN .M. SHANTANAGOUDAR
WRIT PETITION NO.86056/2012 (KLR-RR-SUR)
BETWEEN:
Nirmala W/o Channabasappa Halahalli,
Age: 55 Years,
Occ: Agriculture and Household,
R/o: Bidar, Dist: Bidar-585401.
...Petitioner
(By Sri Shivakumar Kalloor, Advocate)
AND:
1. State of Karnataka,
Dept. of Revenue,
By its Secretary,
Vidhana Soudha,
Bangalore-560001.
2. Deputy Commissioner,
Bidar-585401.
3. Tahsildar, Bidar-585401.
2
4. Assistant Director
Of Land Records,
Sub-Division,
Bidar-585401.
... Respondents
(Sri. Sharanabasappa.K.Babshetty, HCGP)
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue a writ of
mandamus directing respondent No.3 to consider the
representations Annexure-E dated 3.10.2006 (received
on 6.10.2006) by respondent No.3 of the petitioner
regarding correction of Sy.No.61 of Chidri village and
Sy.No.73/1 of Naubad Tq. Dist. Bidar in the tippan and
land revenue records and also direct the respondent
No.2 to consider the representation dated 25.8.2010
Annexure-F of the petitioner and pass suitable order
regarding corrections of Tippan in respect of Sy.No.61 of
Chidri village and Sy.No.73/1 of Naubad Tq.Dist. Bidar
in terms of the representations of the petitioner.
This Writ Petition coming on for preliminary
hearing in 'B' Group this day, the Court made the
following:
3
ORDER
Petitioner has sought for direction to consider her representations Annexure-'E' dated 03.10.2006 (received on 06.10.2006) and Annexure-'F' dated 25.08.2010 in the matter regarding correction of Tippan in respect of Sy.No.61 of Chidri village and Sy.No.73/1 of Naubad, Taluk and District Bidar.
2. The petitioner bases her claim on the order of this Court in W.P.No.24086/2003 disposed of on 26.07.2006. This Court while disposing off the said writ petition observed thus:
"Accordingly, the writ petition is disposed of as having become infructuous, with liberty to the petitioner to make an application for rectification of the land records in respect of lands in Sy.No.61 of Chidri village and Sy.No.73/1 of Naubad village and pursue the representation in accordance with law. The said representation 4 shall be considered and disposed of in accordance with law."
3. It is also relevant to note that the statement of objections were filed by the respondents in W.P.No.24086/2003. The copy of the statement of objections are produced herewith at Annexure-'D'. The relevant portion of the statement of objections reads thus:
"2. That the Petitioner is the owner and possessor of land Sy.No.61 measuring 15.23 Acres of Village Chidri, Taluka: Bidar. But not for the Government land Sy.No.73/1 measuring 13.00 Acres of village: Naubad, Taluk: Bidar."
4. From the aforementioned it is clear that the petitioner is the owner in possession of Sy.No.61 measuring 15.23 acres of village Chidri, Taluk Bidar. The same is clearly admitted by the State Government in its statement of objections filed in 5 W.P.No.24086/2003. On the basis of such admission made by the State Government, this Court disposed of W.P.No.24086/2003 as mentioned supra.
5. Pursuant to the order of this Court passed in W.P.No.24086/2003 the petitioner made representations as per Annexures-'E' and 'F'. Till this day the rectification of entries is not made by the revenue authorities. There is no reason as to why the rectification should not be made keeping in mind the statement of objections filed by the State Government in W.P.No.24086/2003 mentioned supra.
6. In view of the same, the writ petition stands allowed with a direction to the respondents 2 and 3 to consider the representations filed by the petitioner at Annexures-'E' and 'F' dated 03.10.2006 (received on 06.10.2006) and 25.08.2010 respectively, on merits, as expeditiously as possible but not later than the outer 6 limit of two months from the date of receipt of this order. It is made clear that while considering the representations, the order of this Court as well as the statement of objections filed by the State Government in W.P.No.24086/2003 shall be kept in mind.
Sd/-
JUDGE swk