LAWS(KAR)-2014-8-41

RAMAKRISHNA REDDY Vs. STATE OF KARNATAKA

Decided On August 20, 2014
RAMAKRISHNA REDDY Appellant
V/S
STATE OF KARNATAKA Respondents

JUDGEMENT

(1.) THE petitioner is before this Court seeking for issue of mandamus to direct the respondents to consider the representation dated 07.11.2013 in accordance with law.

(2.) THE petitioner claims that the land in Sy. No. 117/13 measuring 10 guntas in Koramangala Village was the land to which the grandfather of the petitioner was registered as Kadim Tenant under Section 4 of the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, pursuant to the report dated 03.06.1958. The petitioner therefore contends that he has inherited right in respect of the said property of 10. guntas of land therein. The Koramangala village was notified by the respondents for formation of a residential layout. From out of the said 10 guntas of land, the respondents are stated to have acquired 21/2 guntas for formation of a road. The petitioner contends that his grandfather by his representation dated 27.09.1979 requested the respondent -authority to grant alternate land for the extent of the land acquired. The petitioner contends that the respondents have maintained silence with regard to the same and therefore the petitioner has thereafter made a representation dated 07.11.2013 claiming right in respect of the said property. Since the same has not received consideration at the hands of the respondent -authority, the petitioner is before this Court seeking that the respondents be directed to consider the representation.

(3.) AS rightly pointed out by the leaned counsel for respondent No. 2, the stand of respondent No. 2 has already been put forth in the suit in O.S. No. 5770/1990 to which respondent No. 2 herein was impleaded as defendant No. 4. It is pointed out that in any event there is no serious dispute to the fact that 10 guntas of land has been re -conveyed by respondent No. 2 which relates to the property as is being claimed by the petitioner herein.