2020 (12) TMI 1391 - HC - Indian Laws

Seeking direction to consider the representation dated 1.8.2019 by the petitioner s husband - HELD THAT - The writ petition is disposed of directing the second respondent, the Tahsildar, Kanakapura Taluk, Ramanagar District, to consider the representation of the petitioner s husband and take suitable action in accordance with law within eight weeks from the date of receipt of a certified copy of this order.

Summary

Issues:
1. Direction to Tahsildar to consider representation dated 1.8.2019 by petitioner's husband regarding land dispute.

Analysis:
The petitioner filed a petition seeking a direction for the Tahsildar to consider a representation dated 1.8.2019 made by the petitioner's husband. The land in question, measuring 2 acres in Uyyamballi village, Kanakapura Taluk, Ramanagar District, was in the name of the petitioner's husband. A dispute among family members had been settled through a compromise, confirming the exclusive allocation of the land to the petitioner's husband. Despite the representation made by the petitioner's husband before his passing, no action had been taken. The court noted the submissions and directed the Tahsildar to consider the representation and take appropriate action within eight weeks from the date of receipt of the court's order.

The learned counsel for the petitioner emphasized that the subject property was in the name of the petitioner's husband, as per the revenue records. The settlement of the dispute through a compromise further solidified the husband's exclusive entitlement to the land. It was highlighted that the petitioner's husband had submitted a representation regarding the matter before his demise, underscoring the urgency for the Tahsildar to address the issue promptly. The court acknowledged these facts and directed the Tahsildar to expedite the consideration of the representation and ensure lawful action is taken within a specified timeframe.

The Additional Government Advocate representing the respondents assured the court that the Tahsildar would review the representation submitted by the petitioner's husband and issue an appropriate order upon being granted a reasonable period for evaluation. The court, relying on this assurance, disposed of the writ petition by instructing the Tahsildar to examine the representation and take necessary steps within eight weeks from the receipt of the court's order. This decision aimed to ensure the resolution of the matter in accordance with the law and the rights established through the compromise in the family dispute.