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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16'?" DAY OF NOVEMBER. 2010
BEFORE
THE HON'BLE MRJUSTICE 3.5. Piaaéjti; ' ;;~f .
W.P.Nos.33310 3: 34*?54/zoyio [KLR:R}?'.}"S:I1R] - _ ''
BETWEEN:
1.
Sri Puttarangappa,
S/o Sri Muddarangappa,
Aged about 67 years, ..
Shanivarayappa, I ,
S/o Sri Mudda1fangapp;1,V' v
Aged about 55_ycars, f T '
Both are _
AdaVinagoria}fial:1i1\/I:1j:1i*a,:j> &_ E
Kodigen.ahal1i'Ho?o1i, » V '
MadhTugiri'T2t1vuk. "
.j a:ia.hai'1:,3.'_i H .
PETITION ERS
(By Sri sné:;a}a.ppai;._Aa§; ft.-;r..
Sri I~I.V.I-Iaris-h_V. Adv.}__ A V -~
State oi' Karfiataka,
L'_repar_tn<iehtV"of Revenue
H '--By--.its Sebretary,
'P
\/'1.(;1har1ia Soudha.
Battgalore'.
'The I)Vé"pu_ty Commissioner,
Tu1'ij.1<ur District.
" .Tuinku:'_
.' "The Assistant Commissioner,
Madhugil-I SubwDivis1or1,
Madhugi.1'i, Tumkur District.
4. The Thasildar,
Madhugiri. Tumkur District.
5. The Assistant Commissioner,
Survey Records,
Office of Commissioner. Land Records,
K.R.Circle. Bangalore. R}.:",_;7.'sl?().'.V:'VI3";i'¥3i'wIV'.'[:fSf'V'
{By Sri R.Kumar. HCGP]
9£==¢=*
These writ petitions are Viileidpunder .Articies and 22*?'
of the Constitution of India prayiiagto quash the endorsement
dated 4.10.2010 passed by A..--re_spor1dent No..4--..V Thasildar,
Madhugiri Taluk, Tt1n1kL1.r'District,_vic!.e_An--nexure--A.
These writ petitions ion:'*~forA--f.fPrei1m1nary Hearing
this day. the COu1"ft"f{iadE.'f V'
he foi1oivin.g:~ I
1. endoI9ser1ient by the Tahsildar, Madhugiri, on
O4.10.20i{)_ tfh---efl'petitioners that changes in the
I'€V€nI_;~_/3.. recorfdsppurstiantv to the decree passed by the Civil
'iif"C?ou'rt€'cannoit._be effected as the computer software available
designed to effect such changes and that
correspondenieeff had been made with the Assistant
V'Commissi__o~ner and the Office of the Director of Land Records
f'.p_ro':.riding such facility is challenged in these writ petitions.
The case of the petitioners is that as per the decree
if " passed in O.S.No.253/2002 on 31.08.2010 declaring their right
6/
, 3 _
over the land bearing Sy.No. 19/}. New Sy.No. 19/IA measuring
2 acres 12 guntas of Shuddekunte, Kodigenahalli Hobli,
Madhugiri Taluk, they have applied for effecting'lrevenue
entries in the revenue records. However, the Tahs.i.ldar'1-'i'asV'not
effected the same. Instead, he has issued
endorsement pleading his inability 3;¢:"ei12:a_ such revlenuveientiy. 7
3. Learned Government Pleader who has accepted notice for;
respondents-1 to 5 submits thata_s'is cleai=.'from the impugned
endorsement. the Tahsildar has correspondence with the
higher authorities and fqne’cessa1_yl.l«~steps to be taken
in this regard; i5o’1f:.eg:fi1al{1’ng§ avlai1’ab.1e.l”thejrequired software to
enter of~.the judgment and decree based on
which re-quletsts are:rtiade_.lbjv,et1.;e interested parties to enter their
names in thlerecords. 7His~.-submission is that in the present set
= up a:vlailablei,_ sucAh’i’vv–ci.lity is not provided and a reasonable time
» to enable the authorities to take steps to
provide a facility to effect entries in the revenue
‘,Vrecorlds regard to the judgment and decree to be passed by
A ..fthe’lc’o¢urts of law.
it cannot be denied that if the rights over a particular
” uproperty {agricultural land} is declared by the Court of
a
_ 4 _
competent. jurisdiction, the same requires to be entered in the
revenue records based on the necessary application filed by the
interested person, after following the required proc_edure.’-V.vThe
inability now expressed by the Tahsildar is on ae%§§5liri’i.1′;urf’
technical difficulty faced by him as the COmpiE’L€i;::::sOf’t\.AfEtE€ now.
available does not cover the entriesgto effected’ lbas’ed«_or1:1v=the
Court orders. The submission ‘made ]th.<; learned'
Government Pleader requiring to_take.'st_eps infithis regard
is just and appropriate.'
5. As submitted ._by months time is
granted to regard and to consider
the ap})1ic’at’ioit1;/ relpifeselntation lhpsdulbflmitted by the petitioners
seekinglt-o enter .the.i’r=.nia1nes’:hased on the decree passed. It is
needless to o”‘nse’we that thebother interested persons have to be
.”i.y_notifie’d __beF9re utaki.n–g’ such steps. Writ Petitions are
.7 acVco’1’dii’ig1y divsposed of.
6. A Government Pleader is permitted to file memo of
‘ appearance within three weeks from today.
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EEFDSE
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