RAKESH AITHAL Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioner is before this court seeking issue of writ of mandamus to the respondent No.2 to consider the representation dtd. 6/6/2020 as per Annexure-K and for a direction to pass orders to transfer the khata in the name of the petitioner in respect of property bearing No.24, II Main, Gokulam South of Kumbarkoppalu, Mysuru.

(2.) It is the case of the petitioner that the subject property originally belonged to one Smt. Lalitha, - She having purchased the same under a deed of sale dtd. 5/9/1986 and that name of Smt.Lalitha has been mutated in the revenue records maintained by respondent No.2 and khata in respect of the said property has been maintained in the name of said Smt.Lalitha.

(3.) That the said Smt.Lalitha is the younger sister of petitioner's grandmother and said Smt.Lalitha had executed a Will dtd. 9/3/2009 as per Annexure-A bequeathing subject property in favour of the petitioner. That based on the said Will, the petitioner had made an application for Transfer/registration of khata in his name in respect of the aforesaid property. In response to the said application the respondent authorities issued an endorsement at Annexure-G calling upon the petitioner to produce the following documents: