C. Harish v. Assistant Commissioner, Bangalore South Sub-Division, Bangalore
2009-12-08
A.S.BOPANNA
body2009
DigiLaw.ai
JUDGMENT : 1. Sri R. Kumar, learned Government Advocate to accept notice for respondents 1 and 2 and file memo of appearance with in a period of four weeks. 2. The petitioner is before this Court seeking for issue of mandamus to consider the representations dated 5/01/2009, 25/05/2009 and 2/09/2009, which are at Annexures-E, F and G respectively. 3. The case of the petitioner in brief is that the land in question was granted to the grandfather of the petitioner. The petitioner and his family belong to ‘Adi Karnataka’ Caste, which is categorized as Scheduled Caste. In respect of the said land measuring 2 acres in Sy. No. 52 situated at Hosakerehalli Village, Uttarahalli Hobli, Bangalore South Taluk, which was granted in favour of the petitioner, an extent of 1 acre was sold by father of the petitioner under a sale deed dated 13/05/1999. In respect of the said sale, the petitioner had brought to the notice of the authorities that the said sale is in contravention of the provisions of the Karnataka Scheduled Castes and Scheduled Tribes (prohibition of Transfer of Certain Lands) Act, 1978. The authorities after considering the case had come to the conclusion that the sale is void and accordingly, it was ordered that the land is to be restored to the petitioner and his family. Pursuant thereto, no action has been taken by the respondents and therefore the representations as at Annexure-E to G are made by the petitioner. Since the same has not evoked any response, the petitioner is before this Court. 4. The learned Government Advocate would state that the second respondent who is the Competent Authority would look into the said representations, consider the entire matter and dispose of the representations in accordance with law. 5. In the light of the above, the second respondent is directed to consider and dispose of the representations as at Annexures-E and G. It is needless to mention that while considering the representations, if it is found that the case put fourth by the petitioner with regard to the earlier declaration of the sale as void has attained finality and as such the subsequent action is to be followed, the second respondent shall take all steps to put the petitioner in possession is and also effect all revenue entries in that regard if there is no other legal impediment. 6.
6. In order to hasten the process, the petitioner is permitted to file one more set of representations along with all supporting documents with a certified copy of this order before the second respondent within a period of eight weeks from the date of receipt of a copy of this order. Thereafter, the second respondent-Tahsildar shall take steps in accordance with law and consider and dispose of the representations as expeditiously as possible but not latter than five months from the date of furnishing the certified copy of this order. In terms of the above, the petition stands disposed of with no order as to costs.