Karnataka High Court
Smt. Neelamma W/O Patrayya Goudru vs The Deputy Commissioner on 19 June, 2023
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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WP No. 103693 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 19TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE S.VISHWAJITH SHETTY
WRIT PETITION NO. 103693 OF 2023 (KLR-RES)
BETWEEN:
SMT. NEELAMMA W/O PATRAYYA GOUDRU,
AGE: 85 YEARS, OCC: AGRICULTURE,
R/O. KANKAPURA, TQ: KIOPPAL,
DIST: KOPPAL-583231.
... PETITIONER
(BY SRI. VIJAYA KUMAR BALAGERIMATH, ADVOCATE)
AND:
1. THE DEPUTY COMMISSIONER,
KOPPAL, DIST: KOPPAL-583231.
2. THE TAHSILDAR, KOPPAL,
DIST: KOPPAL-583231.
Digitally
signed by
... RESPONDENTS
RAKESH S
HARIHAR
(BY SRI. VINAYAK S KULKARNI, AGA)
RAKESH Location:
S High Court of
HARIHAR
Karnataka,
Dharwad THIS WRIT PETITION IS FILED UNDER ARTICLES 226
Date:
2023.06.20 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
16:16:35
+0530 ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
WRIT OR ORDER OR DIRECTION DIRECTING THE 1ST
RESPONDENT/DEPUTY COMMISSIONER AND THE 2ND
RESPONDENT/TAHASILDAR TO ENTER THE PETITIONER'S
NAME IN THE CULTIVATORS COLUM OF THE RECORD OF
RIGHTS IN RESPECT OF THE LAND SY.NO.36 MEASURING 10A-
10G OF IN KANKAPUR VILLAGE, TALUK AND DISTRICT, KOPPAL
AS PER REPRESENTATION VIDE ANNEXURE-C DATED
25/10/2021 AND ANNEXURE-D DATED 05/07/2022.
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 103693 of 2023
ORDER
1. Learned AGA is directed to take notice for respondents.
2. The petitioner, who claims to be in possession and cultivation of the land bearing Sy.No.36 measuring 10 acres 10 guntas of Kankapura Village, Koppal Taluka has approached this Court with a prayer to direct the respondents to enter her name in the cultivators column of the record of rights of the aforesaid land.
3. It is the case of the petitioner that her father was in possession and cultivation of the aforesaid land and after his death, she has continued in possession and cultivation of the said land and earlier her father's name was found in the revenue record and thereafter her name was entered in the revenue records of the land in question only to the extent of 4 acres.
4. Having regard to the same, the petitioner appears to have given representations on 25.10.2021 & 05.07.2022 vide Annexures-C & D to enter her name in the revenue records of the land in question to the extent measuring 10 acres 10 guntas. Since the said representation did not invoke any response from the competent authorities, the petitioner has approached this Court.
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5. Learned counsel for the petitioner after arguing the matter for some time submits that the petitioner may be granted liberty to approach the competent authority / jurisdictional Court seeking protection of her unauthorized possession and cultivation of the land in question and he prays that the writ petition may be dismissed as not pressed.
6. The said submission is placed on record. Accordingly, the writ petition is dismissed as not pressed with liberty to the petitioner to approach the competent authority / jurisdictional Court seeking appropriate relief protecting her alleged possession in respect of the land bearing Sy.No.36 measuring 10 acres 10 guntas of Kankapura Village, Koppal Taluka.
7. It is made clear that this Court has not expressed any opinion on the merits of the case.
Sd/-
JUDGE Vnp*/Ct:Bck List No.: 1 Sl No.: 28