Karnataka High Court
Mrs. M.H. Sarojamma vs The State Of Karnataka on 17 January, 2017
Author: B.S.Patil
Bench: B.S.Patil
WPs.58-59/2017
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JANUARY, 2017
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.Nos.58-59/2017 (KLR-RR/SUR)
BETWEEN
1. MRS.M.H.SAROJAMMA,
W/O N. GANGANARASAIAH,
AGED ABOUT 73 YEARS,
R/AT NO.305, 28TH A CROSS,
JUDICIAL LAYOUT,
GKVK POST,
BENGALURU-560 065.
2. MRS.BHAGYAMMA,
W/O LATE BADRACHARI,
AGED ABOUT 72 YEARS,
R/AT NO.10/9,
GAYTRI WOOD WORKS,
NEAR OM SRI SCHOOL,
KANNUR HALLI MAIN ROAD,
M.V.ETENTION, HOSKOTE,
BANGALORE-562 114,
BOTH REP.BY THEIR POWER OF ATTORNEY HOLDER-
Mr.DHAVAL PRAMODBAI PATEL,
S/O PRAMODBAI PATEL,
AGED ABOUT 29 YEARS,
NIKETAN, NO.788, II FLOOR,
36TH A CROSS, 8TH MAIN ROAD,
4TH T BLOCK, JAYANAGAR,
BANGALORE-560 041. ... PETITIONERS
(By Sri SAMPATH KUMAR B.K., ADV.)
AND
1. THE STATE OF KARNATAKA,
BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT,
WPs.58-59/2017
2
M.S.BUILDING, DR B.R.AMBEDKAR VEEDHI,
BANGALORE-560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE NORTH SUB DIVISION
BANGALORE DISTRICT
BENGALURU-560 001.
3. THE ASSISTANT COMMISSIONER
BANGALORE NORTH SUB DIVISION
BENGALURU-560 001.
4. THE TAHSILDAR,
BANGALORE NORTH ADDL. TALUK
YELAHANKA
BANGALORE-560 064.
5. THE ASSISTANT DIRECTOR OF LAND RECORDS,
K.R.CIRCLE,
BANGALORE-560 001. ... RESPONDENTS
(By Sri T.S.MAHANTESH, AGA)
THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 &
227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R-
4 TO EFFECT THE NAME OF THE PETITIONERS IN THE REVENUE
RECORDS AND MAKE PHODI AFTER TRANSFER OF KHATA IN
THEIR NAMES AS PER THE ORDERS PASSED BY THE R-2 VIDE
ANNEX-A & B AND ETC.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. These writ petitions are filed seeking a direction against respondent No.4 - Tahsildar, Bengaluru North Additional Taluk, Yelahanka, to effect change of khata in the name of petitioners in the revenue record and also to effect phodi after WPs.58-59/2017 3 transfer of khata in their names as per the orders passed by respondent - Special Deputy Commissioner vide Annexures-A & B.
2. As per Annexure-A - order dated 25.02.2013, in case No.RRT(2)N(A)CR-39/2007-08, wherein petitioner No.1 - Smt.M.H.Sarojamma and petitioner No.2 - Smt.Bhagyamma have been arrayed as respondent Nos. 1 and 3 respectively, the Special Deputy Commissioner has directed the Tahsildar to take appropriate action for transfer of khatha in favour of Smt.Sarojamma and Smt.Bhagyamma. Indeed, the said order also refers to another person by name Sri Seetharam in whose favour also similar direction has been issued by the Special Deputy Commissioner to effect khata in respect of different portions of land comprised in Sy.No.79 of Shettigere Village, Jala Hobli, Bengaluru North Taluk. When the revenue authorities, particularly the Tahsildar failed to take any action pursuant to the order passed by the Special Deputy Commissioner, one of the aggrieved persons namely Seetharam approached this Court in W.P.No.33869/2016. By order dated 05.07.2016, this Court has issued a direction to respondent No.4 herein to conduct phodi operations along with respondent WPs.58-59/2017 4 No.5 in accordance with law as expeditiously as possible, at any rate, within an outer limit of six months. A direction was issued to the petitioner to produce all necessary documents in support of his right, title, interest and possession of land before respondent No.4 within a period of one month. This order is produced at Annexure-H to the writ petition.
3. In the light of the directions issued in favour of one of the aggrieved persons and having regard to the fact that present petitioners are similarly placed, a similar direction deserves to be issued. Accordingly, these writ petitions are disposed of. A direction is issued to respondent Nos.4 & 5 to consider the representation dated 25.10.2016 filed by the petitioners enclosing certain documents for effecting khatha in their favour and for conducting phodi of the land in question in accordance with law by notifying all the interested persons as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this order.
Sd/-
JUDGE PKS