Karnataka High Court
Smt. Savitramma vs The Tahasildar on 28 June, 2023
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NC: 2023:KHC:22358
WP No. 10109 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE C.M. POONACHA
WRIT PETITION NO. 10109 OF 2017 (KLR-RR/SUR)
BETWEEN:
1. SMT. SAVITRAMMA,
D/O RANGAPPA,
W/O LATE. RAMESH,
AGED ABOUT 36 YEARS.
2. SMT. KANTHAMMA,
D/O RANGAPPA,
W/O MALLIKARJUNA,
AGED ABOUT 34 YEARS,
BOTH ARE RESIDING
AT MEDARA STREET,
HOSADURGA, HOSADURGA TLAUK,
CHITRADURGA DISTRICT - 577 527.
3. SMT. ASHA,
Digitally signed
by POORNIMA D/O RANGAPPA,
SHIVANNA
Location: HIGH W/O MANJUNATH,
COURT OF
KARNATAKA AGED ABOUT 32 YEARS,
RESIDING AT SOOCHAKAL,
SRIRAMPURA POST,
HOSADURGA TALUK,
CHITRADURGA DISTRICT.
...PETITIONERS
(BY SRI. BOPANNA B., ADVOCATE)
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NC: 2023:KHC:22358
WP No. 10109 of 2017
AND:
THE TAHASILDAR,
HOSADURGA,
HOSADURGA TALUK,
CHITRADURGA DISTRICT - 577 527.
...RESPONDENT
(BY SRI. C.N. MAHADESHWARAN, AGA)
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE
RESPONDENT TO ENTER THE NAME OF THE 1ST PETITIONER IN
COMPUTERIZED RTC'S FROM 2002 ONWARDS PERTAINING TO
THE LAND IN RE-SURVEY NO.60 OF JODI SRIRANGAPURA
VILLAGE, HOSADURGA TALUK TO THE EXTENT OF 3 ACRES 20
GUNTAS IN TERMS OF THE MUTATION ORDER IN MR NO.H
19/2013-14 VIDE ANNEXURE-j.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Sri.Bopanna B., learned counsel for the petitioners and Sri.C.N.Mahadeshwaran, learned AGA for the respondent.
2. The writ petition is filed seeking for the following reliefs:-
"a] Issue writ of mandamus or any other writ or directions, directing the respondent to enter the name of the 1st petitioner in computerized RTCs from 2002 onwards pertaining to the land in re survey No.60 of Jodi Srirangapura village, Hosadurga Taluk to the extent of 3 acres 20 guntas in terms of -3- NC: 2023:KHC:22358 WP No. 10109 of 2017 the mutation order in MR No.H 19/2013-14; as per Annexure-J and b] Pass such other orders that this Hon'ble Court deems fit in the facts and circumstances of the case and allow this writ petition with costs in the interest of justice and equity."
3. It is the case of the petitioners that their father namely Rangappa was granted an extent of 3 acres 20 guntas of land in Re survey No.60 of Jodi Srirangapura Village, Hosadurga Taluk in proceedings No.LNDCR 185/78-79 dated 03.01.1980. Consequent to said grant, the name of Rangappa was mutated in the revenue records vide M.R.No.11/1982-83 (a copy of which is produced as Annexure - B to the writ petition) and his name was also reflected in the RTC upto the year 2001- 2002. Thereafter, when the computerized RTCs were issued, the name of father of petitioners was missing.
4. It is further case of the petitioners that their father died on 08.01.2010 and their mother also died subsequently. The petitioners being the only legal representatives of late Rangappa filed an application for -4- NC: 2023:KHC:22358 WP No. 10109 of 2017 change of revenue entries by inserting their name in the name of the deceased father. By endorsement dated 25.02.2014 (Annexure - H to the writ petition), the Assistant Commissioner directed the Tahsildar (respondent herein) to conduct a Spot Mahazar and effect the change in the revenue records.
5. It is forthcoming that after due enquiry by the Assistant Commissioner, the Respondent entered the name of the first Petitioner in the mutation register vide MR No. H-19/2013-14 (Annexure-J to the Writ Petition). That despite the mutation order the Respondent -Tahsildar has omitted to enter the name of the first Petitioner in the RTC on the basis of the said mutation entry and hence, the first Petitioner gave a representation to the Deputy Commissioner who vide his letter dated 21.4.2014 (Annexure-K to the Writ Petition) directed the Respondent to consider the request of the Petitioner after proper verification. The first Petitioner has once again given a representation dated 30.06.2016 (Annexure-L to the Writ -5- NC: 2023:KHC:22358 WP No. 10109 of 2017 Petition) to the Respondent. Despite the same, the Respondent has not entered the name of first Petitioner in the RTC.
6. Learned AGA submits that the respondent will comply with the directions made in the endorsement dated 25.02.2014 within a stipulated time.
7. It is shocking that despite the name of the first Petitioner having been effected in the mutation register, vide MR No.H 19/2013-14, the Respondent has not effected the necessary changes in the RTC. It is further alarming to note that despite letter dated 21.4.2014, issued by the Deputy Commissioner to the Respondent and the representation dated 30.06.2016 given by first Petitioner, the Respondent-Tahsildar has not entered the name in the RTC constraining to Petitioner to approach this Court. Even after filing of the writ petition on 06.03.2017, after the respondent having been notified of the same, no action has been taken by the respondent -6- NC: 2023:KHC:22358 WP No. 10109 of 2017 till date. In view of the aforementioned, I pass the following:-
ORDER
i) Writ Petition is allowed.
ii) A writ of mandamus is issued directing the respondent to do the needful in accordance with law by considering the representation of the first Petitioner dated 30.06.2016 as expeditiously as possible in any event not later than four weeks from the date of receipt of a copy of this order, failing which, the incumbent of the office of the respondent shall be personally liable for costs of Rs.1,000/- payable to the Petitioners for every week of delay thereafter in compliance of this order.
No costs.
Sd/-
JUDGE MH/-
CT: AVB