LAWS(KAR)-2023-6-247

K.S. LAKSHMINARAYANA Vs. STATE OF KARNATAKA

Decided On June 08, 2023
K.S. Lakshminarayana Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) The case of the petitioner is that his father was granted 4 acres 38 guntas of land in Sy.No.47/P6 of Kanur Village, Balehonur Hobli, Narasimharajapura Taluk, Chikkamagaluru District and a temporary saguvali chit was issued on 1/9/1977. Thereafter, the mutation and RTC's also reflected his name. After the demise of his father, the petitioner has requested for mutating his name in the revenue records in respect of the property concerned. However, the respondent No.3 - Tahsildar on the ground that the records pertaining to the grant of the land and issuance of temporary saguvali chit has worn out and cannot be deciphered, has rejected his request. Hence, the instant writ petition is filed with a prayer to set aside the endorsement issued by the respondent No.3 - Tahsildar and direct him to issue permanent saguvali chit.

(2.) It is the duty of respondent No.3 to maintain the records in order. If the same is not available, then based on the records available like the mutation entry, RTC and the physical possession of the property, the respondent No.3 is required to consider the request of the petitioner and take appropriate action in accordance with law.

(3.) The learned AGA appearing for the respondents submits that based on the representation of the petitioner and the records available and after examining about the physical possession of the property, the respondent No.3 will take a decision as to whether petitioner is entitled to issuance of permanent saguvali chit or not. His submission is placed on record.