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2022 DIGILAW 1390 (KAR)

Hanumanthaiah v. State of Karnataka

2022-10-19

KRISHNA S.DIXIT

body2022
JUDGMENT/ORDER 1. The grievance of the petitioner is as to nonissuance of computerized RTC Extract in respect of the subject land. In support of his case, learned counsel for the petitioner submits that all through, the name of his client's wife was figuring in the Land Records and after her death, inheritance katha ought to have been done in favour of the petitioner who happens to be the widower of the deceased. This having not been done, learned counsel contends, his client is more than justified in knocking at the doors of Writ Court. 2. Learned AGA on request, appearing for the respondents opposes the writ petition vehemently contends that the very title documents namely the Grant Order and other contemporaneous documents themselves are spurious and therefore, the relief as sought for by the petitioner cannot be granted. In support of the same he produces a copy of Endorsement dtd. 29/8/2022 along with a Memo dtd. 18/10/2022. 3. Having heard the learned counsel for the parties and having perused the petition papers, this Court declines indulgence in the matter broadly agreeing with the contention of learned AGA. The Endorsement dtd. 29/8/2022 at penultimate & ultimate paragraphs reads as under: 4. The above having been said, the subject enquiry has to be accomplished after giving an opportunity of hearing to the petitioner and other stakeholders within an outer limit of three months. If the enquiry reveals the genuineness of the subject documents, the name of the petitioner shall be entered to/in the Revenue Records. All contentions are kept open. It is open to the petitioner to protect his rights in respect of the subject property including the argued possession by approaching the Civil Court. It hardly needs to be stated that the FIR in respect of subject alienation shall not be precipitated till after subject to outcome of the enquiry in question. Now, no costs.