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M. Chandra Keerthi Vs. the State of Karnataka and ors

M. Chandra Keerthi vs The State of Karnataka and ors

Type Court Judgment Court Karnataka Decided Nov 04, 2010
~2 min read
https://sooperkanoon.com/case/907856

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Citation
Court
Karnataka High Court
Judge
Decided On
Case Number
WRIT PETITION NO.33976/2010 AND WRIT PETITION NO.34473/2010 [KLR-RR/SUR]
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

[A.S.PACHHAPURE J.] These writ petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the respondents to consider the representation dt.30.9.2010 given by the petitioner at Annexure-C & issue necessarv directions to the R4 to register the name of the petitioner & other family m...

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

M. Chandra Keerthi

Advocate SRI. S.SHIVAPRASAD. ADV

Respondent

The State of Karnataka and ors

Advocate SRI. R. OM KUMAR. AGA

Excerpt

[a.s.pachhapure j.] these writ petitions are filed under articles 226 and 227 of the constitution of india praying to direct the respondents to consider the representation dt.30.9.2010 given by the petitioner at annexure-c & issue necessarv directions to the r4 to register the name of the petitioner & other family memberes having 1/19 undivided shares each in the schedule properties as owners in the rrc register as per preliminary decree dt. 11.8.2005 passed by the hon'ble prl. civil judge (sr.dn] mangalore in os.no.337/04 & make necessary mutation in respect of the schedule properties in favour of the petitioner & other family members.order1. learned aga is directed to take notice for respondents 1 to 4.2. heard the learned counsel for the petitioner and the learned aga.3. the petitioner instituted a suit in o.s.no.337/2004 seeking partition and separate possession of his share in the joint family properties. the said suit came to be decreed vide judgment and order dated 11-08-2005. the copy of said judgment has been produced at annexure-c. the court below declared that the petitioner is entitled to l/19'h share in the properties bearing s.nos.43/14 and 43/15. in pursuance of the preliminary decree drawn by the court, the petitioner requested the revenue authorities to enter his name in the records to the extent of his share granted under the decree of the court. the cop}/ of his representation has been produced at annexure-g. the said representation was submitted to the special tahsildar - respondent no.4 on 18-10-2010. it is the grievance of the petitioner that no action has been taken by respondent no.4 despite the representation submitted.4. to effect the mutation entry, the revenue authorities will have to issue notice to the persons interested and hold an enquiry and thereafter, pass appropriate order directing the entry of the names and after the issuance of the notice, the authorities have to wait for a period of 30 days and thereafter, in case, if the objections are not filed, the entry has to be certified. under the circumstances, the respondent no.4 -tahsildar is directed to consider the representation dated 30-09-2010 submitted on 18-10-2010 in accordance with law within a period of six months from the date of communication of this order. the petitions are according])' disposed of.

Full Judgment

ORDER

1. Learned AGA is directed to take notice for respondents 1 to 4.

2. Heard the learned counsel for the petitioner and the learned AGA.

3. The petitioner instituted a suit in O.S.No.337/2004 seeking partition and separate possession of his share in the joint family properties. The said suit came to be decreed vide judgment and order dated 11-08-2005. The copy of said judgment has been produced at Annexure-C. The Court below declared that the petitioner is entitled to l/19'h share in the properties bearing S.Nos.43/14 and 43/15. In pursuance of the preliminary decree drawn by the Court, the petitioner requested the revenue authorities to enter his name in the records to the extent of his share granted under the decree of the Court. The cop}/ of his representation has been produced at Annexure-G. The said representation was submitted to the Special Tahsildar - Respondent No.4 on 18-10-2010. It is the grievance of the petitioner that no action has been taken by Respondent No.4 despite the representation submitted.

4. To effect the mutation entry, the revenue authorities will have to issue notice to the persons interested and hold an enquiry and thereafter, pass appropriate order directing the entry of the names and after the issuance of the notice, the authorities have to wait for a period of 30 days and thereafter, in case, if the objections are not filed, the entry has to be certified. Under the circumstances, the Respondent No.4 -Tahsildar is directed to consider the representation dated 30-09-2010 submitted on 18-10-2010 in accordance with law within a period of six months from the date of communication of this order. The petitions are according])' disposed of.

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