PRABHAVATHI M.S. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners in this writ petition call in question an order dated 11/07/2019 by which the application given by the petitioners for change of khata is turned down by the 6th respondent/Chief Officer of the Town Municipal Council, Periyapatna.

(2.) Brief facts leading to the filing of present petition, as borne out from the pleadings, are as follows:-

(3.) It is the case of the petitioners that the 2nd petitioner 's father did not immediately put the land into any use after having changed the nature of the land from agriculture to non- agricultural purposes for close to 20 years and died intestate on 28.11.2016. The petitioners who are the surviving members of the family submitted all necessary details and got revenue records changed into their names. After getting the records changed into their names, the petitioners submitted an application to respondent No.6/Chief Officer of the Town Municipal Council seeking change of khata of the subject property into their names. On receipt of the application and considering the same, the 6th respondent issued an endorsement on 11.07.2019 indicating that the subject property is also a converted land and the petitioners have to approach the 4th respondent/Assistant Director of the Department of Town and Country Planning seeking approval of the plan and then approach the 6th respondent for issuance of khata. It is this endorsement that has driven the petitioners to this Court in the subject writ petition.