Karnataka High Court
Smt.Lakshmidevamma vs Thasildhar on 30 January, 2014
Author: Jawad Rahim
Bench: Jawad Rahim
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30th DAY OF JANUARY 2014
BEFORE
THE HON'BLE DR.JUSTICE JAWAD RAHIM
WRIT PETITION NO.27722 OF 2013 (KLR)
BETWEEN:
SMT.LAKSHMIDEVAMMA
W/O LATE MUNITHIMMANA BOVI
AGE: 60 YEARS
R/A JAKKASANDRA VILLAGE
KASABA HOBLI, MALUR TALUK
KOLAR DISTRICT - 563 130 ... PETITIONER
(BY SRI.HAREESH BHANDARY T., ADV.)
AND:
THASILDHAR
O/O THE THASILDHAR
MALUR TALUK
KOLAR DISTRICT - 563 130 ... RESPONDENT
(BY SRI.D.ASWATHAPPA, AGA)
---
This Writ Petition is filed under Articles 226 and 227 of
the Constitution of India, praying to issue a writ of
mandamus directing the respondent to consider the
application at Ann-D and E dated 25.3.2008 and 16.1.2013
respectively and etc.
This Petition coming on for Preliminary Hearing in 'B'
Group this day, the Court made the following:-
2
ORDER
The petitioner, claiming to be a grantee of the land measuring 3 acres 20 guntas in Sy.No.16 of Jakkasandra Village of Malur Taluk vide Annexure-A issued in pursuance to the proceedings in No.LND RUO 45/1982-83 dated 14.10.1983, seeks issue of writ in the nature of mandamus to direct the respondents to consider her application vide Annexures-D and E dated 25.3.2008 and 16.1.2013, respectively for updating her name in RTC from the year 2003 onwards in respect of the said land.
2. Sri.D.Aswathappa, learned Additional Government Advocate takes notice for the respondent.
3. Heard both sides.
4. From the records made available it could be seen that the petitioner has relied on Annexure-A order dated 14.10.1983 to claim 3 acres 26 guntas of land in Sy.No.16 of Jakkasandra Village of Malur Taluk. Her grievance is that despite entries in the revenue records in terms of MR No.10/86-87, the respondent concerned has failed to update 3 the entries in the computer generated RTC entry which is recently developed process of entering the data. According to her, her name in the RTC continued upto 2003 and thereafter, due to computerization, relevant entry has to be updated. Despite her physical possession and cultivation of the land even after 2003, her name has not been shown in the computer generated RTC entry. Therefore, she made a representation to the Tahsildar to update the entry and issue her a copy. The respondent has not acted on the representation.
5. Sri.D.Aswathappa, learned Addl. Government Advocate submits that the respondent should be given liberty to verify the claim and then do the needful.
6. No doubt, if we take into consideration the averments in the petition, the fact is that the petitioner has made a claim to enter her name in the computer generated RTC extract but the computer storage process depends on records maintained till now in manual form. Necessarily the respondent will have to consider the request of the petitioner with reference to existing entries/records so far maintained. 4 Hence, it is desirable that the person concerned may verify the records of the petitioner and take required steps in accordance with law.
Accordingly, petition is disposed of. Rule issued is made absolute.
7. Respondent is directed to consider the representation of the petitioner in accordance with law expeditiously.
8. Sri.D.Aswathappa, learned AGA is permitted to file memo of appearance within three weeks.
SD/-
JUDGE RV