Sri. Kenchappa vs State Of Karnataka on 21 September, 2022

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Karnataka High Court

Sri. Kenchappa vs State Of Karnataka on 21 September, 2022

Bench: R Devdas

                             -1-
                                   WP No. 17312 of 2022




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 21ST DAY OF SEPTEMBER, 2022

                         BEFORE
           THE HON'BLE MR JUSTICE R DEVDAS

       WRIT PETITION NO. 17312 OF 2022 (KLR-RES)

BETWEEN:

SRI. KENCHAPPA
S/O LATE BUDDANNA @ MARAPPA
AGED ABOUT 87 YEARS
R/AT KHAJI HOSAHALLI VILALGE
JADIGENAHALLI HOBLI
HOSAKOTE TALUK
BANGALORE RURAL DISTRICT.

                                          ...PETITIONER
(BY SRI. KUMAR J C., ADVOCATE)

AND:

1.    STATE OF KARNATAKA
      REVENUE DEPARTMENT
      M.S. BUILDING
      BANGALORE - 560 001
      REPRESENTED BY ITS
      PRINCIPAL SECRETARY.

2.    THE DEPUTY DIRECTOR
      OF LAND RECORDS
      EX-OFFICIO OF THE
      DEPUTY COMMISSIONER
      KOLAR DISTRICT
      KARNATAKA 563 101.

3.    THE ASSISTANT DIRECTOR
      OF LAND RECORDS
                              -2-
                                        WP No. 17312 of 2022




     MALUR TLAUK
     KOLAR DISTRICT - 563 130.

4.   THE TAHASILDAR
     MALUR TALUK
     KOLAR DISTRICT - 563 130.

                                             ...RESPONDENTS
(BY SRI. VIJAY KUMAR A. PATIL, AGA)


      THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2
TO   R-4   TO   CONSIDER   THE     REPRESENTATIONS   OF   THE
PETITIONER DTD 29.07.2022 VIDE ANNX-A FOR MAKING
RECTIFICATION OF THE AAKARBANDH, IN RESPECT OF THE
LAND BEARING SY.NO.25 MEASURING AN EXTENT OF 7 ACRE 2
GUNTAS OF MADANAHATTI VENKATAPURA VILALGE, KASABA
HOBLI, MALUR TALUK, KOLAR DISTRICT AND ETC.


      THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:


                           ORDER

R.DEVDAS J., (ORAL):

The grievance of the petitioner is that although the name of the petitioner is entered in the land records pursuant to occupancy rights granted way back in the year 1963, nevertheless, in the Aakarbandh, since the entire extent of 7 acres and 2 guntas is shown in Column No.5B -3- WP No. 17312 of 2022 and not Column No.5A, the authorities are stating that the 11E sketch cannot be prepared and the phodi and durast work also cannot be carried out.

2. The learned Additional Government Advocate was directed to secure instructions from the Additional Director of Land Records (ADLR), Malur Taluk regarding the grievance of the petitioner. Learned Additional Government Advocate submits on instructions that the claim of the petitioner is based on a grant order said to have been made on 07.11.1963 in Case No.3131/1963-64, passed by the Special Deputy Commissioner for Abolition of Inams, Kolar. However, the learned Additional Government Advocate submits that if the original records are submitted by the Tahsildar to the ADLR, the ADLR shall consider the grievance of the petitioner and accordingly pass necessary orders.

3. Recording the submissions of the learned Additional Government Advocate, the writ petition stands disposed of with a direction to the respondent-Tahsildar, -4- WP No. 17312 of 2022 Malur Taluk to place the original records along with the report before the ADLR. The ADLR shall thereafter pass necessary orders after verification of the original records. The entire exercise shall be completed as expeditiously as possible and at any rate within a period of two months from the date of receipt of a certified copy of this order.

Ordered accordingly.

Sd/-

JUDGE DL

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