N. JAGANNATH, N. NARAYANASWAMY, N. VENKATESH AND N. DEVARAJ Vs. TAHSILDAR, THE ASSISTANT COMMISSIONER AND STATE OF KARNATAKA

JUDGEMENT

(1.) WRIT petitioners claim to be legal heirs of one Narayanappa @ Nyanappa in whose favour an extent of 15 acres 26 guntas in Sy. No. 9 of Puttathimmanahalli Village, Kasaba Hobli, Chikkaballapur District, had been granted in public auction by the competent authority as per order No. 36/1936 -37 dated 28.09.1936 and said Narayanappa had been put in possession of the property. It is also the case of the petitioners that their father's name figured in the record of rights in respect of this property till the year 1971. It appears, thereafter, said Narayanappa's name had been deleted from the records and therefore said Narayanappa had initiated RRT proceedings before the Assistant Commissioner, Chikkaballapur under the provisions of the Karnataka Land Revenue Act, 1964 [for short 'the Act'].

(2.) IT is also the case of the petitioners that as per order dated 1.2.2010 in RRT.CR. 1/2007 -08, the Assistant Commissioner directed the Tahsildar for conducting spot inspection, change khata in respect of the property in favour of Narayanappa. It is averred that there was inaction on the part of the Tahsildar and therefore said Narayanappa had given a representation dated 4.8.2011 seeking for change of khata and for action on the part of the Tahsildar. It is the further case of the petitioners that the Tahsildar never acted upon.

(3.) SRI . N.S. Bhat, learned counsel for petitioners submits that when there was clear direction by the Assistant Commissioner to conduct a spot inspection and effect change of khata, inaction on the part of the Tahsildar is failure of duty and therefore writ of mandamus should be issued.