CAPT. B.V. SUBBANNA AND B.S. VISHWANATH Vs. STATE OF KARNATAKA REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, THE ASSISTANT COMMISSIONER AND THE TAHSILDAR

JUDGEMENT

(1.) THE petitioners in these writ petitions has sought for a writ of mandamus directing the respondents to consider the representations dated 1 -6 -1995, 20 -08 -1996 and 01 -10 -2012 and to effect the katha and other necessary revenue entries in respect of the land bearing Sy. No. 42, measuring 3 acres 11 guntas, situated at Gollahalli, Jala Hobli, Bangalore North Taluk. The grievance of the petitioners in these writ petitions is that they made applications to mutate their names in respect of the aforesaid land. In spite of the repeated representations, the Competent Authority has not taken any action. In view of that, the present writ petitions have been filed.

(2.) LEARNED Government Pleader appearing for the respondents submits that in the application, necessary particulars have not been furnished. Originally, the property belongs to B.S. Venkatashamanna. He had four children including the petitioners. However, these two petitioners alone made an application to mutate their name and no document has been produced as to when their father died, whether the land in dispute has been allotted to the share of petitioners. In the absence of the same, the petitioners' name cannot be mutated and sought to dismissal of the writ petitions.

(3.) THE records clearly disclose that the father of the petitioners had four children including the petitioners. The other two children have not made any application for change of mutation entries in their favour. In the application whether the father of petitioners is alive or dead was also not mentioned. In the absence of necessary particulars, names of the petitioners cannot be mutated. If the petitioners file an application before the Competent Authority with all necessary particulars, the Competent Authority is required to consider the same. Hence, writ petitions are disposed of, reserving liberty to the petitioners to file an application before the Competent Authority with all necessary particulars. If such an application is filed, the Competent Authority shall consider the same in accordance with law.