JOCKY SURESH S/O THAMMAIAH Vs. STATE OF KARNATAKA BY SECRETARY TO LOCAL SELF GOVERNMENT, THE DEPUTY COMMISSIONER AND THE CHIEF OFFICER PANCHAYATH OFFICE

JUDGEMENT

(1.) THE petitioner's vendor, the kathedar of the immovable property bearing No. 1467 measuring 10 x 7.30 mtrs, in Periyapatna town, Periyapatna taluk, Mysore District, having conveyed the property under a sale deed dt 14.4.2007, made an application dt. 24.5.2007 for change of katha, to the Town Panchayat, Periyapatna. Yet again on 7.7.2007 the petitioner made another application to the 3rd respondent -Chief Officer, Town Panchayat for change of katha, in response to which a notice dt. 16.6.2007 Annexure -F was issued to the petitioner calling upon him to furnish particulars of the property, which when not complied with, was followed by a reminder dt. 5.9.2007 Annexure -G, addressing a copy to the petitioner's vendor. In the said notice, it is stated that the 2nd respondent -Deputy Commissioner passed an order on the representation by public directing the 3rd respondent to hold an enquiry into the allegation that the property in question was public property. The petitioner, by legal notice dt 22.4.2008 Annexure -J while enclosing a copy of the sale deed and the application in Form No. 8 dt 24.5.2007, reiterated the request for change of katha. The 2nd respondent by order dt 13.5.2008, Annexure -L, rejected the claim of the petitioner. Hence this writ petition.

(2.) THE petition is opposed by filing statement of objections dt. 17.4.2009 of the 2nd respondent inter alia contending at para 5 thus:

(3.) IN the light of the entries in the register, the statement extracted supra from the statement of objections is incorrect The register discloses the name of the petitioner's vendor as the kathedar and therefore, there was no justification for the 3rd respondent to hold that there did not exist a katha in the name of Shivanna in its register, for the years 1997 -98 onwards, in inspect of the immovable property in question.