Baburao And Ors vs The State & Ors on 17 October, 2019

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Karnataka High Court

Baburao And Ors vs The State & Ors on 17 October, 2019

Bench: John Michael Cunha

                           1


           IN THE HIGH COURT OF KARNATAKA
                  KALABURAGI BENCH

       DATED THIS THE 17TH DAY OF OCTOBER, 2019

                        BEFORE

     THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

               W.P.NO.202403/2018 &
         Nos.204715-716/2018 (KLR-RR-SUR)

BETWEEN:

1.     BABURAO S/O CHANNAPPA GOVIND
       AGE: 76 YEARS, OCC: AGRICULTURE
       R/O SARSAMBA, TQ. ALAND
       DIST. KALABURAGI

2.     SIDRAMAPPA S/O CHANDRAM MADDE
       AGE: 58 YEARS, OCC: AGRICULTURE
       R/O SARSAMBA, TQ. ALAND
       DIST.KALABURAGI

3.     DATTA S/O LATE SHIVAJI KADAM
       AGE: 35 YEARS, OCC: AGRICULTURE
       R/O PADASAVALI, TQ. ALAND
       DIST.KALABURAGI
                                         ...PETITIONERS

(BY SRI ASHOK B.MULAGE, ADVOCATE)

AND:

1.     THE STATE OF KARNATAKA
       THROUGH DEPUTY COMMISSIONER
       KALABURAGI-585 101

2.     THE ASST.COMMISSIONER
       SUB-DIVISION
       KALABURAGI-585 101
                                2



3.   THE TAHSILDAR
     ALAND, TA. ALAND
     DIST. KALABURAGI
                                            ... RESPONDENTS

(BY SRI K.M.GHATE, AGA)


     THESE WRIT PETITIONS ARE FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
ISSUE A WRIT IN THE NATURE OF MANDAMUS OR ANY OTHER
APPROPRIATE WRIT OR ORDER, DIRECTING THE RESPONDENT
NO.3 TO CONSIDER THE REPRESENTATIONS VIDE ANNEXURE-
H, H1, H2 AND H3 AND RECTIFY THE ILLEGAL ENTRY MADE BY
HIM IN CULTIVATION COLUMN OF SY.NOS.183 AND 184 OF
PADASAVALI VILLAGE, TQ. ALAND, DIST. KALABURAGI.


     THESE     PETITIONS     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.

2. Heard learned counsel for petitioners and learned Additional Government Advocate. 3

3. The only relief claimed in these petitions is to direct the Tahsildar, Aland taluk, to maintain entries in the concerned ROR in accordance with order passed by the Assistant Commissioner at Annexure-B dated 20.01.2010.

4. Even otherwise, the revenue authorities are bound to maintain revenue records in accordance with the provisions of the Karnataka Land Revenue Act and the rules framed thereunder.

5. In that view of the matter, petitions are allowed. Respondent No.3 is directed to consider the representation of the petitioners at Annexures-H, H1, H2 and H3 and pass appropriate orders thereon within two months from the date of this order.

Sd/-

JUDGE VNR

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