AMRESH KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner has approached this Court under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the respondent Nos.2 to 4 to consider his representations dtd. 3/2/2022, 16/2/2022 and 15/2/2022 vide Annexures-G, G1 and G2 respectively.

(2.) It is the case of the petitioner that he is the absolute owner in possession of the land measuring 29 guntas in Survey No.48/A3 of Gullar Haveli, taluka and district Bidar and in respect of the said land, he had filed O.S.No.15/1998 for declaring his title and the said suit was initially dismissed as barred by limitation, as against which, the petitioner had filed R.A.No.16/2008 before the Court of Additional District and Sessions Judge, Bidar and the said appeal was allowed by judgment and decree dtd. 20/4/2012 and the petitioner herein was declared as the owner of land bearing Survey No.48/A3 measuring 29 guntas. The fourth respondent was directed to hand over the vacant possession of the suit land in favour of the petitioner.

(3.) It is the case of the petitioner that the said judgment and decree passed in R.A.No.16/2008 has attained finality and the regular second appeal filed against the said judgment and decree in RSA No.7032/2013 has been dismissed on 13/12/2013 by a coordinate Bench of this Court. Thereafterwards, the petitioner has given representations as per Annexures-G, G1 and G2 dtd. 3/2/2022, 16/2/2022 and 15/2/2022 respectively to enter his name in the revenue records of the land in question on the strength of the decree passed his favour in R.A.No.16/2008. However, the Deputy Commissioner has not taken any action on the said representations. It is under these circumstances, the petitioner has approached this Court.