IN THE HIGH COURT OF KARNATAKA AT BENGALURU

(ORIGINAL JURISDICTION)

W.P. No. /2019 (LB)

Between

B.S.Susheela,
Represented by GPA holder,
K.HanumanthRao,
S/o Kadarappa,
Aged about 64 years,
R/a 5th Cross, Siddharoodhnagar,
Bhadravathi Town,
Shivamogga district- Petitioner

And

1.The State of Karnataka,

Revenue Department,
Vidhana Soudha,
Bengaluru-560 001.

2.The Tahsildar,
Office of the Tahsildar,
Bhadravathi,
Shivamogga district-

3.Municipal Commissioner,
City Municipality,
Bhadravathi Town,
Shivamogga district-

4.Assistant Director of Land Records,

Shivamogga Sub-Division,
Shivamogga district-

5.Revenue Inspector,
Land Survey Department,
Taluka Office,
Bhadravathi- Respondents

MEMORANDUM OF WRIT PETITION UNDER ARTICLE 226 AND 227 OF

CONSTITUTION OF INDIA
 The Petitioner most humbly and respectfully submits as follows:-

1.It is submitted that the Petitioner is the General Power of Attorney holder for
one viz Smt.B.S.Susheela, who is the owner of the scheduled property bearing
survey no. 80/2A1, and paid sufficient tax for the said scheduled property.
The 3rd Respondent has given licence for the construction of Commercial
Complex on the scheduled property. True Copy of the Representation dated
03-02-2017 is produced herewith and marked as Annexure-A for kind perusal
of this Hon’ble Court.

2.It is submitted that 5th Respondent has sent a letter to the 4 th Respondent
regarding the land survey no. 80/2A1 and stated that the Petitioner does not
have any particular interest for the said land. True Copy of the Letter dated
04-03-2017 is produced herewith and marked as Annexure-B for kind perusal
of this Hon’ble Court.

3.It is submitted that the Petitioner is the General Power of Attorney holder for
scheduled property bearing survey no. 80/2A1. True Copy of the General
Power of Attorney dated 14-05-2019 is produced herewith and marked as
Annexure-C for kind perusal of this Hon’ble Court.

4. It is submitted that 3rd Respondent has entered names of various parties in

the said survey no without enquiring the method of acquiring the title

4. It is submitted that the Petitioners have not filed any Writ Petition nor an
appeal before this Hon’ble Court nor any other forum on the same cause of
action.

5. It is submitted that the Petitioners are poor and law abiding citizens who
cannot withstand the high political pressure by the private parties and this
court is only ray of hope to them. Therefore the above Writ Petition.

6. It is submitted that the Petitioners have no alternative remedy for justice

except this Hon’ble Court.

GROUNDS

7.It is submitted that the Petitioner is the owner of the scheduled property
bearing survey no. 80/1, 80/2 (New survey no. 80/1A1 and 80/2A1) situated
at village Jannapura, Bhadravathi Town. RTCs also contains Petitioner’s
name. The Respondents and others are troubling the Petitioner and her family,
and threatened her during survey of the land. Hence this Writ Petition.

GROUNDS FOR INTERIM RELIEF

8.It is submitted that the Petitioner has applied for the details of scheduled
property bearing survey no. 80/2A1 under the Right to Information Act that
whether the said property is belongs to the government. The Petitioner has
submitted the Representation for not to dispossess her.

PRAYER

WHEREFORE, The Petitioners most humbly and respectfully prays that

this Hon’ble Court may kindly be pleased to:-

a. Issue a Writ of Mandamus direct the Respondents to transfer the

Khatha in the name of the Petitioner, and cancel the License issued
for the construction of Commercial Complex in the Petitioner’s land
vide Annexure-A dated 03-02-2017.
b. Issue a Writ of Mandamus direct the Respondents to enquire the
parties regarding entering of fake khatas in the above said Sy No.

c. Pass any other Order or direction as this Hon’ble Court deems fit in the
facts and circumstances of the case in the interest of justice.

INTERIM PRAYER

Pending disposal of the above Writ Petition this Hon’ble Court may kindly
be pleased to direct the Respondents enquire the parties regarding entering of
fake khatas in the above said Sy No. in the interest of justice and equity.

Bengaluru Advocate for Petitioners

Date: -11-2019 SARASWATHI

Address for Service:

Saraswathi,
D/o RoddaVeershetty,
Advocates,
# 204/4, Kallappa Layout,
Amruthhalli,
Sahakarnagar Post,
Bengaluru-560 092.