K. SHIVAKUMAR Vs. ASSISTANT COMMISSIONER

JUDGEMENT

(1.) This writ petition was filed on 26/3/2018 with a prayer to consider the representation given by the petitioner on 10/7/2017 and 18/9/2017. A prayer is also sought to direct the Tahsildar, Ramanagara Taluk, to mutate the entries in the RTC as per measurements and phodi made by the surveyor in terms of Annexure-'E'.

(2.) As could be seen from the representation/legal notice that was got issued by the petitioner, the petitioner sought to implement the survey sketches and report prepared by the Assistant Director of Land Records on 3/11/2016 at Annexure-'E'. The petitioner had earlier approached this Court in W.P.No.35734/2016 seeking similar directions to consider the representation dtd. 6/2/2016 for measuring and demarcating the land. The said writ petition was disposed of by order dtd. 14/7/2016 with a direction to the respondent-authorities to consider the representation dtd. 6/2/2016 for measuring and demarcating the land and complete process within an outer limit of four months from the date of receipt of a copy of this order. It is contended that when the directions were not complied with, the petitioner filed a contempt petition in C.C.C.No.185/2017. During the course of the contempt proceedings the survey was conducted on 3/11/2016 and report was submitted. Consequently, the contempt proceedings were dropped. Learned counsel for the petitioner submits that the petitioner is seeking the implementation of the survey sketch and report prepared by the surveyor and Assistant Director of Land Records on 3/11/2016.

(3.) However, the learned Additional Government Advocate draws the attention of this Court to a memo dtd. 10/8/2018 filed by the learned Additional Government Advocate along with an endorsement dtd. 4/8/2018 said to have been issued by the Tahisldar to the petitioner. In terms of the said endorsement, it appears that earlier the Assistant Commissioner had passed an order dtd. 26/6/2008 in RRT(CR)/139/2008- 09 reducing the extent of land of the petitioner from 4 acres and 08 guntas to 3 acres 08 guntas consequent to which in terms of mutation entry in MR.No.6/2008-09 the extent of holding of the petitioner was accordingly reduced to 3 acres 08 guntas.