Karnataka High Court
Smt Narasamma vs The State Of Karnataka on 26 November, 2013
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 26TH DAY OF NOVEMBER, 2013
: BEFORE :
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
W.P.Nos.24296/2013 & 26038/2013 (KLR-RES)
BETWEEN:
1. SMT NARASAMMA
AGED ABOUT 58 YEARS
W/O LATE MADAPPA
2. SRI MAHADEVU.M
AGED ABOUT 38 YEARS
S/O LATE MADAPPA
3. SMT SAVITHA.M
AGED ABOUT 35 YEARS
D/O LATE MADAPPA
4. KUMARI, SUJATHA.M
AGED ABOUT 28 YEARS
D/O LATE MADAPPA
5. SRI.UMESHA.M
AGED ABOUT 25 YEARS
S/O LATE MADAPPA,
ALL ARE R/AT NO.48, NEW NO.35
1ST MAIN ROAD, KUMBARKOPPAL,
MYSORE DISTRICT-570 016. ... PETITIONERS
(BY SRI: B.S.NAGARAJ, ADV.)
AND:
1. THE STATE OF KARNATAKA
REP. BY ITS SECRETARY
DEPARTMENT OF REVENUE
M S BUILDING, DR AMBEDKAR VEEDI
BANGALORE-560 001
2
2. THE DEPUTY DIRECTOR OF LAND RECORDS
OFFICE OF THE DEPUTY COMMISSIONER
MYSORE 570 001
3. THE TAHSILDAR
MYSORE TALUK
MYSORE 570 001
4. THE MYSORE URBAN DEVELOPMENT
REP. BY ITS COMMISSIONER
MYSORE 570 001. ... RESPONDENTS
(BY SRI: T.P.VIVEKANANDA, ADV. FOR
SRI.P.S.MANJUNATH, ADV. FOR R4,
SRI.T.L.KIRAN KUMAR, AGA FOR R1-R3)
THESE W.Ps ARE FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
PROCEEDINGS INITIATED BY THE R2-DDLR MADE IN REF NO.
DATED 9.5.13 AT ANNX-A AND LETTER BEARING REF NO.
DATED 27.3.13 ISSUED BY R3-TAHSILDAR ADDRESSED TO R2
DDLR AT ANNX-B.
THESE PETITIONS COMING ON FOR HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Though these writ petitions are listed for hearing I.A.2/13, with the consent of learned counsel on both sides, they are heard finally.
2. The petitioners have assailed the proceedings initiated by second respondent-Deputy Director of Land Records (hereinafter referred to as "the DDLR" for short) 3 by issuance of notice dated 09/05/2013 (Annexure-A) and have also challenged the communication dated 27/03/2013 issued by the third respondent-Tahsildar to respondent No.2-DDLR.
3. I have heard the learned counsel for the parties.
4. During the course of submission, the order of the Division Bench of this Court in CCC (civil) Nos.1280 & 1378-81/2013 dated 23/10/2013 has been brought to my notice, the operative portion of which reads as follows:
"6. Having heard the counsel for the parties, we are of the view that if there is a dispute in regard to the identity of the property and if the petitioners have wrongly obtained the katha in respect of the area which was not delivered to them by the MUDA, it is for the petitioners to approach the concerned authorities for change of katha and after obtaining the katha in respect of 30 guntas of land earmarked in purple colour, they are required to approach the MUDA for further proceedings.
7. Granting such liberty, petitions are closed."
5. Having regard to the observations made by the Division Bench of this Court, the petitioners were at liberty 4 to approach the concerned authorities for change of katha in terms of survey sketch i.e., in the purple portion, which has been referred to by the Division Bench and thereafter to seek requisite sanctions and permissions from MUDA. A copy of he sketch referred to by the Division Bench has also been furnished during the course of submission by the counsel for MUDA and the same is taken on record. In the circumstances, the petitioners are at liberty to approach the second respondent-DDLR for change of katha in respect of 30 guntas of land earmarked in purple colour in the sketch referred to by the Division Bench and thereafter to take further steps in accordance with law.
6. The petitioners state that they would appear before the second respondent on 21/12/2013. Petitioners shall appear before the second respondent-DDLR of 21/12/2013 without insisting on a fresh notice from that authority.
7. Second respondent to consider the case of the petitioners in the light of the observations of the Division Bench in the contempt petition disposed of on 23/10/2013. 5
8. With the aforesaid observations and directions, the writ petitions are disposed of.
Sd/-
JUDGE S*