S. B. RUDRESH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The instant writ petition is filed seeking a writ of mandamus to the fourth respondent to consider the representation dtd. 1/2/2023, vide Annexure-G submitted by the petitioner.

(2.) Heard the learned counsel appearing for the parties.

(3.) It is the case of the petitioner that his ancestral joint family properties were partitioned on 22/8/1992 and the property bearing Sy.No.290/B to the extent measuring 3 acres 55 cents situated at Koturu Taluka had fallen to the share of the petitioner and his brother Kenchanagouda. According to the petitioner, the name of the petitioner and Kenchanagouda were mutated in the revenue records of the land in question to the extent of 1.2 acres and 2.27 acres respectively. Since the said land bearing Sy.No.290/B stood jointly in the name of the petitioner and his brother Kenchanagouda, the petitioner had applied for phodi to the extent of his share and necessary application was filed before the fourth respondent on 26/5/2022. It appears that Kenchanagouda's son namely B.Kotresh who is respondent No.5 herein, had filed objection to the same. Under the circumstances, the petitioner had thereafter made a representation on 1/2/2023 to the respondents requesting to survey the land bearing Sy.No.290/B and mutate the name of the petitioner in the revenue records of the said land to the extent of 1.28 acres. Since the said representation was not considered, the petitioner is before this Court.