D S ADINARAYANA Vs. TAHSILDAR

JUDGEMENT

(1.) IN this writ petition, petitioner is seeking a writ of mandamus against the respondents to take necessary legal action to dispose of the application for re-grant of the land in Sy. No.70 of Akkupete village, Kasaba Hobli, Devanahalli Taluk, as per the application filed on 19.12.1998 vide Annexure-F, followed by the legal notice sent on 15.10.2008 vide Annexure- N.

(2.) IT is the case of the petitioner that an extent of 9 acres 10 guntas of land in Sy. No.70 was the inamthi land belonging to the father of the petitioner who was holding the same as shanbhog. After the abolition of village offices, the father of the petitioner filed an application seeking re-grant of the land. Only a portion of 3 acres 4 guntas was re-granted. This made the petitioner and his mother to make an application on 25.03.1991 vide Annexure-A before the Tahsildar, Devanahalli, to re-grant the remaining extent of land. The Tahsildar issued a communication dated 14.11.1991. It is also necessary to notice here that on 14.11.1991, the Tahsildar sought to transfer an extent of 7 acres of land comprised in this survey number for the purpose of distributing sites by the Town Municipal Council, Devanahalli. This made the petitioner to file the suit in O.S.No.324/1991 on the file of the Munsiff, Devanahalli. According to the petitioner, an order of temporary injunction was granted which was confirmed in appeal filed by Town Municipal Council in M.A.No.101/1993.

(3.) IT is the case of the petitioner that he has produced the relevant documents before the Tahsildar as required. In this regard, Counsel for the petitioner draws the attention of the Court to Annexure-L endorsement issued by the Tahsildar which discloses that as many as five documents including the copies of index of lands, record of rights and pahanies for the relevant years as also the extract of the Inam register, have been produced before the Tahsildar. Despite the same, when no action was taken, petitioner has caused legal notice to the Tahsildar and other authorities as is evident from Annexure-N dated 15.10.2008. The Tahsildar has not so far taken any action. In this background, petitioner has approached this Court seeking a direction to the Tahsildar to consider the application and pass appropriate orders.