Research › Search › Judgment

Karnataka High Court · body

2013 DIGILAW 1014 (KAR)

Nagamma v. State of Karnataka, by its Chief Secretary

2013-08-29

D.V.SHYLENDRA KUMAR

body2013
Judgment : 1. Writ petitioners are legal heirs of late E Dorai Swamy, being the wife and daughters. Petitioners have sought for a writ of mandamus to the respondents to consider the representation made by the first petitioner to the under secretary to government of Karnataka on 15-7-2009 [copy at Annexure-G to the writ petition] praying for issue of saguvali chit and effect entries in the revenue records in their names in respect of an extent of one acre of land in Sy No 75/76, Block No 11 of Sadaramangala village, Bangalore south taluk in Bangalore district. 2. It is the case of the petitioners that this extent of land had been granted to E Dorai Swamy, a freedom fighter, along with 12 other like persons, as per the proceedings of the government of Mysore dated 10-3-1967 [copy at Annexure-C to the writ petition] and thereafter though the said Dorai Swamy was in possession and cultivation of the land, saguvali chit was not issued during his life time. It is also averred in the petition that Dorai Swamy had made efforts to get issue of saguvali chit and change of khata to his name by making representations to the deputy commissioner right from 4-10-1969, but it had not yielded any fruits. Petitioners have pleaded that the said Dorai Swamy died on 3-4-1970 and thereafter first petitioner has been making further efforts for securing saguvali chit and change of khata in the name of legal heirs of late Dorai Swamy. 3. Petitioners have also pleaded that many other grantees under the proceedings dated 10-3-1967 had approached this court being aggrieved by non-issue of saguvali chit by filing writ petitions in WP Nos 8487-91 of 2011 and this court after issue of notice to the respondents, had allowed the writ petitions in terms of order dated 6-4-2011 and directed the respondents to consider the request for issue of saguvali chit in accordance with law in favour of those petitioners and a copy of the said order is produced at Annexure-H to this writ petition. 4. It is on such premise, this petition is filed seeking for a like writ of mandamus. 5. Notice had been issued to the respondents. Respondents are represented by Sri Gopal Bilalmane, learned government pleader. 6. 4. It is on such premise, this petition is filed seeking for a like writ of mandamus. 5. Notice had been issued to the respondents. Respondents are represented by Sri Gopal Bilalmane, learned government pleader. 6. Submission of Sri Kaleemullah Shariff, learned counsel for petitioners, is that the position of the writ petitioners is on par with the position of petitioners in WP No 8487-91 of 2011 and therefore a writ of mandamus should be issued in this case also directing the respondents to consider the representation of the petitioners for issue of saguvali chit and change of khata, as per the latest representation dated 15-7-2009 [copy at Annexure-G to the writ petition]. 7. Learned government pleader, on the other hand, submits that the first representation dated 4-10-1969, addressed to the deputy commissioner, had not been followed up and later it is only in the year 2006 a further representation was given by the wife of the original grantee. It is belated in point of time. 8. If the grant order in favour of husband of first petitioner is not in dispute and petitioners are still in possession and cultivation of the land, it is only proper that follow up action for issue of saguvali chit should be taken. Non-issue of saguvali chit for quite some time should not be made virtue to deny the same. Moreover, the land having been granted to the husband of first petitioner as a person who had participated in the freedom movement and as a person belonging to depressed class, it is only proper for the revenue authorities to consider the representation in a proper perspective and pass orders thereon. 9. In the circumstance, this writ petition is allowed and the respondents are directed to consider the request of the petitioners for issue of saguvali chit in respect of the subject land that had been granted in favour of husband of first petitioner as per the proceedings dated 10-3-1967 and to pass orders in accordance with law for issue of saguvali chit and change of revenue entries. 10. Writ petition allowed.