Mr. R. Rangaiah vs The Tahasildar

B.V. Nagarathna, J.—The petitioner has sought a direction to the respondent-Tahsildar, to consider his latest representation dated 17/05/2013 (Annexure "N"). It is the case of the petitioner that his mother Chikkamma, was a tenant in respect of 3 Acres of land in Sy. No. 166, Thyamagondlu village and Hobli, Nelamangala Taluk. She had made an application in Form No. 7 before the Land Tribunal, which by its order dated 18/09/1975 had granted occupancy rights in respect of 3 Acres of land. It is the further case of the petitioner that in Form No. 10, the extent of grant of land was wrongly stated as 2 Acres 11 Guntas instead of 3 Acres. Therefore, since the year 1975, the petitioner''s mother had made efforts to get Form No. 10 corrected. After her death in the year 1982, the petitioner made several efforts by giving representations in that regard. By Communication dated 19/03/2011 (Annexure "K") made by the Tahsildar to the Assistant Commissioner, Doddaballapur Sub-division, Bangalore, it is stated that on survey of the land in question, it was noted that Smt. Chikkamma, was in possession of 3 Acres of land. On that basis, the petitioner has now sought a direction to the respondent to consider his representation with regard to the correction of Form No. 10 and also to get the mutation entries corrected.

I have heard the learned counsel for the petitioner and the learned Addl. Govt. Advocate for respondent and perused the material on record.

Annexure "A" dated 18/09/1975 states that in respect of Sy. No. 166, occupancy rights in respect of 3 Acres is granted to the petitioner''s mother, subject to the measurement of the said extent. However, in Form No. 10, it is noted as 2 Acres 11 Guntas. Being aggrieved by this, the petitioner''s late mother and subsequently, the petitioner, have made attempts for rectification of Form No. 10. In response to which, the concerned authority has also issued notice and undertaken measurements of the land in possession of Smt. Chikkamma and presently, in the petitioner''s possession. Thereafter, communication at Annexure "K" dated 19/03/2011 has been issued. But the grievance of the petitioner is that subsequently, no steps have been taken to consider and act on the representations made by the petitioner. Therefore, at this stage, the only direction that can be issued to the respondents is to consider the representation made by the petitioner in accordance with law, within a period of two months from the date of receipt of the certified copy of this order and to pass a speaking order on the said representation. With the aforesaid direction, this writ petition is disposed of.