Karnataka High Court
Sri Venkata Murthy K N vs The Tahsildar on 20 June, 2014
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 20TH DAY OF JUNE, 2014
BEFORE
THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.7209/2014 (KLR-RR/SUR)
BETWEEN:
SRI VENKATA MURTHY K N
S/O K.M.NARAYANAPPA
AGED 46 YEARS,
RESIDENT OF KESARAGERE VILLAGE,
MASTI HOBLI, MALUR TALUK,
KOLAR DISTRICT. ... PETITIONER
(BY SRI: G.GANGI REDDY, ADV.)
AND:
1.THE TAHSILDAR
MALUR TALUK,
MALUR-563 130.
2.THE ASSISTANT COMMISSIONER
KOLAR SUB DIVISION,
KOLAR-563 101. ... RESPONDENTS
(BY SRI: KIRAN KUMAR.T.L., AGA)
*****
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENTS TO CHANGE THE MUTATION AND OTHER
REVENUE RECORDS IN FAVOUR OF THE PETITIONER FATHER
FOR SY.NO. 45 OF KESARAGERE VILLAGE, MASTI HOBLI,
MALUR TALUK, KOLAR DISTRICT - MEASURING TO AN EXTENT
OF 1 ACRES 15 GUNTAS.
THIS PETITION COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, COURT MADE THE FOLLOWING:-
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ORDER
The petitioner has sought a direction to the first respondent - Tahsildar, Malur Taluk, Malur, to consider his representation dated 15/09/2012 (Annexure "B"), to change the mutation and othr revenue records in favour of his father, in respect of the land bearing Sy.No.45, measuring 1 Acre 15 Guntas of Kesaragere village, Masti Hobli, Malur Taluk, Kolar Dist.
2. It is the case of the petitioner that petitioner's father was the owner of 1 Acre 15 Guntas of land by virtue of registered sale deed dated:03.12.1976, at Kesaragere Village. Petitioner submits that an application was made before the Tahsidhar to change the mutation and other revenue records in the name of petitioners father. After filing of the application Mahazar was also drawn to change the Khatha in petitioner's father's name.
3. The petitioner further submits that land in question is Service Inam Land - attached to BHAJANTRI INAM. The same was sold by Inamdar one Munivenkatappa, on 04.02.1972 to Munegowda. The said Munegowda has sold the same to one. Sri Narayanappa, -: 3 :- father of the petitioner by registered sale deed dated 3.12.1976. The petitioner submits that enquiry was conducted by the Revenue Officials and finally submitted to Tahsildar, Masti to change the Mutation. The said representation was submitted to the Tahsildar on 20.03.2013. It is submitted that the respondent has not taken action to change the mutation to the name of the petitioner.
4. The petitioner further submits, that in the case of Laxmangowda v. State of Karnataka [1991 KLJ 1] and in Syed Basheer Ahmed v. State of Karnataka [1994 ILR 159], though it is an Inam Land if it sold between 1.02.1963 to 7.08.1978 it is a valid sale. It is further submitted that the office note put up by the revenue officials and the department is correct but the Tahsildhar has not taken decision to change the Mutation. Hence a direction is sought for consideration of the representation.
5. I have heard the learned counsel for the petitioner and the learned Addl. Govt. Advocate for the respondents and perused the material on record. -: 4 :-
6. Having regard to the facts and circumstances of the case, the first respondent - Tahsildar, Malur Taluk, Malur, is directed to consider the representation (Annexure "B") dated 15.09.2012 of the petitioner in accordance with law, within a period of three months from the date of receipt of a certified copy of this order.
7. With the aforesaid directions and observations, the writ petition stands disposed.
Sd/-
JUDGE.
*mvs