Sri M Subramanya vs The State Of Karnataka on 27 March, 2019

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Karnataka High Court

Sri M Subramanya vs The State Of Karnataka on 27 March, 2019

Bench: S. N. Satyanarayana

                            -1-




IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 27TH DAY OF MARCH 2019

                         BEFORE

     THE HON'BLE MR. JUSTICE S. N. SATYANARAYANA

      WRIT PETITION NO.287 OF 2019 (KLR-RR/SUR)

BETWEEN:

SRI M. SUBRAMANYA
S/O MUNISWAMAPPA
AGED ABOUT 60 YEARS
R/A SHETTIGERE VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU
                                            ... PETITIONER

(BY SRI. H. C. SUNDARESHAN, ADV.)

AND

1.      THE STATE OF KARNATAKA
        REP. BY ITS PRINCIPAL SECRETARY
        REVENUE DEPARTMENT
        VIKAS SOUDHA
        BANGALORE-560001

2.      THE DEPUTY COMMISSIONER
        BANGALORE URBAN DISTRICT
        BANGALORE - 560002

3.      THE TAHASILDAR
        BANGALORE NORTH TALUK
        YELAHANAK
        BANGALORE - 560063
                                          ... RESPONDENTS
(BY SRI. VENKATESH DODDERI, AGA)
                            -2-



      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
3RD RESPONDENT TO CONSIDER THE REPRESENTATION
FILED BY THE PETITIOENR DATED 12.03.2017, 08.07.2017,
06.03.2018, 12.07.2018 AND 04.10.2018 AS ANNEXURE- C, D, E,
F AND Q RESPECTIVELY TO ENTER THE NAME OF THE
PETITIONER IN THE REVENUE RECORDS SUCH AS RTC AND
MUTATION EXTRACTS IN RESPECT OF 1.00 ACRES OF LAND IN
SY.NO.80 OF SHETTIGERE VILLAGE, JALA HOBLI, BENGALURU
NORTH TALUK, AS PER THE GRANT CERTIFICATE AND
SAGUVALI CHIT ISSUED BY THE TAHASILDAR AND ALSO AS
PER THE DARKASTH REGISTRAR MAINTAINED BY THE
TAHASILDAR IN RESPECT OF THE LAND IN QUESTION AS PER
ANNEXURE-A AND B RESPECTIVELY.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING THIS DAY, THE COURT MADE THE FOLLOWING:


                       ORDER

Learned Additional Government Advocate takes notice for respondent Nos.1 to 3. He is permitted to file memo of appearance within two weeks.

2. The petitioner herein is seeking direction to respondent No.3 to consider his representations dated 12.03.2017, 08.07.2017, 06.03.2018, 12.07.2018 and 04.10.2018 vide Annexures - C, D, E, F and G, respectively, to consider in entering the name of the petitioner in the revenue records as well as the RTC of -3- land bearing Sy.No.80 of Shettigere Village, Jala Hobli, Bengaluru North Taluk measuring to an extent of one acre.

3. Learned Additional Government Advocate would bring to the notice of this Court that the said land is already converted from agricultural to non- agricultural residential use, vide order of Assistant Commissioner, Bangalore Sub-Division dated 04.11.1991 in proceedings No.ALN.SR.128/90-91. Therefore, the question of entering petitioner's name in the revenue records and RTC with reference to a converted land, does not arise. Accordingly, he would submit that the writ petition itself is not maintainable.

4. Having given careful consideration and on going through the materials available on record, this Court is convinced that the petitioner having got the said land converted, cannot seek his name to be entered -4- in the revenue records maintained in respect of the aforesaid land.

5. Accordingly this writ petition is dismissed.

SD/-

JUDGE RD

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