® IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.14536/2015 (KLR RR/SUR) BETWEEN 1. SMT. AMMANNI K C @ ANNAMMA W/O LATE SRI T.C. MARKOSE, AGED ABOUT 69 YEARS, 1(a) SMT. T.M.MARIYAMMA D/O LATE T.C.MARCOSE AGED ABOUT 42 YEARS ARASINAMAKKI BELTHANGADY TALUK D.K.
2. SRI T.M.CHAKO S/O LATE SRI T.C.MARKOSE, AGED ABOUT 46 YEARS, 3. SRI T.M. CHERIAN S/O LATE SRI T.C.MARKOSE, AGED ABOUT 42 YEARS, 1 TO 3 ARE RESIDENTS OF KORADKA HOUSE ITHOOR VILLAGE, PUTTUR TALUK, D.K-574201.
PETITIONER NO.1 AND 3 ARE REPRESENTED BY THEIR GPA HOLDER – PETITIONER NO.2. ... PETITIONERS (BY SRI K CHANDRANATH ARIGA, ADV.) AND 1. THE DEPUTY COMMISSIONER, DAKSHINA KANNADA DISTRICT, MANGALORE 575001 2. THE ASSISTANT COMMISSIONER PUTTUR SUB-DIVISION, PUTTUR – 574201 D.K.
3. SRI GEORGE ABRAHAM S/O LATE SRI ABRAHAM AGED ABOUT 57 YEARS, 4. SRI TONY GEORGE S/O SRI VERGHESE AGED ABOUT 47 YEARS, 5. SRI VISHWANATHAGOWDA S/O SRI KRISHNAPPAGOWDA AGED ABOUT 60 YEARS, 6. SRI CHANDRAIAH ACHARI S/O DODDAIAH ACHARI AGED ABOUT 58 YEARS, 7. SRI. BABU GOWDA S/O HONNAPPA GOWDA AGED ABOUT 60 YEARS 8. SRI MANJUNATHA ACHARI S/O DODDAIAH ACHARI AGED ABOUT 64 YEARS, 3 TO 8 ARE RESIDENTS OF ITHOOR VILLAGE, SUNKADAKATTE, PUTTUR TALUK, D.K DISTRICT-574201.
9. COMMITTEE FOR REGULARIZATION OF UNAUTHORIZED OCCUPATION PUTTUR TALUK, PUTTUR, D.K.
10. THE TAHASILDAR PUTTUR TALUK D.K – 574201. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1 & R2, SRI H.M.GOPAL, ADV FOR R3, SRI K.SACHINDRANATH KARANTH, ADV. FOR R-4 TO R-8).
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD.20.11.2014 IN REV. PETITION NO.88/2005 FROM THE KARNATAKA APPELLATE TRIBUNAL BANGALORE [ANNEX-G] ETC.
THIS WRIT PETITION COMING ON FOR “PRELIMINARY HEARING”, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The present writ petition is filed by the widow and children of late Sri T.C.Markose. According to the petitioners, the husband of first petitioner and father of petitioner nos. 2 and 3 namely T.C.Markose was granted 3 acres 95 cents in Sy.No.176/1-E pursuant to an order dated 26.8.1996 passed by the Tahsildar, Puttur under Dharkath which according to him was in his possession, cultivation and enjoyment.
2. When things stood like that, there is an attempt to usurp the grant which is made in favour of late Sri T.S.Markose by filing an application by third respondent and other members of his family. It is considered in his favour with reference to the same survey number where the first petitioner’s husband and father of second and third petitioners namely Sri T.C.Markose was in possession, cultivation and enjoyment after getting the said extent granted in his favour.
3. The grant which is said to have been made in favour of third respondent-George Abraham was the subject matter of challenge by T.C.Markose in CDS:REC:SR:40:2000-2001 on the file of Assistant Commissioner, Puttur. It is stated that when the said proceedings were pending, said T.C.Markose died leaving behind him petitioners 1 to 3 herein and another lady by name T.M.Mariyamma who is stated to be daughter of T.C.Markose who pursued the proceedings against third respondent-George Abraham.
4. In the said proceedings, initially T.C.Markose and subsequently his widow and children brought to the notice of Assistant Commissioner that George Abraham-third respondent herein was never residing at Aithoor village, Puttur Tq. Dakshina Kannada District and that he was permanent resident of Delhi and that he is businessman as well as he was also pursuing employment for sometime. Application which is filed by him being in the year 1991 and at that time he was permanent resident of Mayur Vihar, New Delhi and application was not filed by him and it was filed by third person in his name seeking grant of 2 acres 95 cents in Sy.No.176 (72) of Aithoor Village which is considered by the Committee constituted for Regularisation of Unauthorized Cultivation and application filed in the name of third respondent in Form No.50 is allowed. While allowing the said application, the Committee has granted land in excess of the extent sought in his application dated 19.8.1991. It is further grievance of the appellants-petitioners before the Asst. Commissioner that, the Committee, while considering his application for grant of occupancy right has considered the grant of land which is already granted in favour of children of late T.C.Markose.
5. In the said proceedings, the particulars regarding permanent residence of George Abraham, his avocation as an Engineer and his frequent visits abroad and the fact that he had never been in Puttur town from 1982 to this date was brought to the notice of the Asst.Commissioner. Inspite of the documents being produced, the same is not accepted and the appeal filed by T.C.Markose and subsequently pursued by his widow and children in CDS:REC:SR:40:2000-2001 was dismissed by order dated 31.7.2002.
6. The said order was subject of challenge before the Deputy Commissioner of Dakshina Kannada District, Mangalore in Revision Petition under Section 50 of the Karnataka Land Revenue Act,1964 in proceedings No.CDS:RAP 145/02/03. In the said proceedings, the petitioners herein reiterated their stand which was taken before the Asst.Commissioner and they produced all the relevant documents to demonstrate that at the relevant point of time when the application was filed in the name of George Abraham, he was residing in Logos in South Africa and he was never in Puttur and that he is a qualified Engineer and he is also having business and he is permanent resident of Mayur Vihar in New Delhi, where he is settled from the year 1982. It is also brought to the notice of the Deputy Commissioner that the third respondent George Abraham herein was never an agricultural Coolie, was never cultivating any of the lands in Aithoor Village much less, he never visited the said place with an intention of residing there and cultivating the land which is now granted in his favour which was earlier granted to the father of petitioners 2 and 3 who is also the husband of petitioner no.1.
7. The Deputy Commissioner on appreciation of material available on record, accepting the said contention, consequently allowed the appeal filed by the petitioners herein in No. CDS:RAP 145/02/03 by his order dated 1.2.2005 and consequently set aside the order passed by the Tahsildar, Puttur in NCR/SR 24/91-92 dated 2.2.1997 and also the order dated 2.8.2002 passed by the Asst.Commissioner, Puttur in Rev.sr.40/200-01. The said order was subject matter of challenge before the Karnataka Appellate Tribunal (in short `the KAT’) in Rev.Pet.No.88/2005(Revenue). The said revision petition was filed by third respondent Sri George Abraham. The KAT, on appreciating the material available on record has erroneously passed an order remanding the matter back to the Deputy Commissioner after setting aside the order dated 1.2.2005 in C- DS/RAP/145/02-03 which is sought to be challenged in this petition.
8. As stated supra and as recorded in the present writ petition, it is clearly seen that third respondent George Abraham was never a cultivator. According to his own submission before this Court, he is a Diploma holder in Mechanical Engineering, completed his studies between 1982-84 thereafter got married to a nurse who is permanently residing in Delhi. According to him, he is carrying on business in Delhi. He would also go abroad for his business avocation.
9. He has appeared before this Court with his original Passport bearing NO.M-84-79-440 issued on 9.6.2015 by Delhi Passport Office where he is permanent resident. The voter list pertaining to third respondent-George Abraham and family members is produced where his name is found at Sl.No.189 at Page.3 for East Delhi Parliamentary Constituency in Electoral Roll, 1987 Polling Station No.666 and subsequently. In addition to that the learned counsel for the petitioners has produced latest voter list issued by the same constituency where he is continuing to be resident in Delhi in the very same house where the name of third respondent George Abraham and his family members are shown in 1.Pocket-1, Mayur Vihar Phase I (128-D to F NO.193D), New Delhi where the name of third respondent is shown as resident within Assembly Constituency 55-Trilokpuri (SC), his name is shown at Sl.No.804 at page-102.
10. With this, it is clearly seen that, from 1981, third respondent George Abraham was not residing at Aithoor village at any time, where he has secured grant of 4 acres 95 cents in his favour as person in unauthorized cultivation of granted land.
11. As seen from the records, it is a clear case of fraud. With the help of President(Chairman) and members of the Committee which is constituted to consider the application filed by the landless and marginal agriculturists who are not having any source of income or would survive on the agricultural activities carried in a portion of Government land which is sought to be regularized in their favour which is a social measure to provide livelihood under benevolent programme of the Government. This is a classic example to show how the Government machinery is misused by the dishonest Government officials and as well as the members who are appointed to head committees such as Land Grant Committees.
12. Undisputedly, in the instant case, order of regularization and alleged unauthorized cultivation by third respondent Sri George Abraham is considered by the Committee consisting of four persons, they are, Sri Vinay Kumar Sorke, Member of Legislative Assembly, Puttur during the period from 1993 and he was supported by three persons said to be persons of repute and standing in the said Puttur town, they are Sri K.P.Thomas Nelyadi, Sri K.Somanatha Naika, Sri B.Devappa Gowda. This Court is not sure whether these four persons are alive or not. The manner in which they have considered the application filed in the name of Sri George Abraham by forging his signature on the application probably with the consent of George Abraham third respondent who is present before the Court and who is not denying application being made in his name and the signature which is seen on the application which is produced by the Tahsildar is not his signature and the same is not tallying with the signature seen in the passport which is produced by him. It is also seen from his own statement that he had been studying Engineering from 1982-84 and thereafter, he is engaged in various businesses which has taken him abroad on several occasions and the application seeking regularization of his alleged unauthorized cultivation is filed during the period when he was residing in Lagos, South Africa where he has got his passport renewed in the office of High Commission of India, Lagos (Nigeria) and the said application is blindly accepted by the Committee headed by Mr.Vinay Kumar Sorke and while doing so, their further dishonesty is exhibited in being so generous to third respondent in granting 4 acres 95 cents in his name though the application filed by him stated that he was cultivating the land to an extent of 2 acres 95 cents in the application which is filed by him/in his name.
13. It is seen that the Deputy Commissioner while sitting in appeal over the order passed by the Assistant Commissioner of Puttur, after going through all these documents, has rightly allowed the appeal filed by the widow of T.C.Markose-original grantee to an extent of 3 acres 95 cents in the very same land which is now sought to be made over to George Abraham as if it is grant made in a portion of the Government land.
14. Therefore, in the fact situation, the order of Karnataka Appellate Tribunal in not rightly appreciating the material available on record and not looking into the order of Deputy Commissioner whether the fraud which is committed is discussed at threadbare or not and passed an order mechanically in remitting it back to the Deputy Commissioner to reconsider the same cannot be sustained.
15. Accordingly, the order passed by the Karnataka Appellate Tribunal in Revision No.88/2005 dated 20.11.2014 is hereby set aside. Consequently, the order dated 1.2.2005 passed by the Deputy Commissioner, Dakshina Kannada in CD RAP/145/02- 03 is confirmed.
16. While disposing of this writ petition, this Court would direct the Revenue Secretary to personally look into this matter and look into the grant which is made in favour of other members of the family of George Abraham where it is seen that, 1 acre 80 cents is sought to be regularised in the name of George Abraham’s father Avera Abraham and an extent of 5 acres sought to be regularized in the name of his brother Vincent Abraham which is stated to be pending and also in considering the regularization to an extent of 3 acres 80 cents in the name of his mother. This would clearly show how benevolent programmes of the State, which are meant for poor and marginalised farmers are misused and abused by corrupt officials of the State. It also confirm the fact those of the people who are wealthy and having access to power can get things done in clandestine manner, when common man who does not have access to these modalities suffer at the hands of corrupt officials, therefore appropriate steps are required to be taken in this regard to curb such activities.
17. The Revenue Secretary to the State shall look into the matter and call for explanation from the Chairman and Members of the Committee for Regularisation of Unauthorized Cultivation who passed the order impugned in their meeting dated 13.5.1993 which has taken place in the premises of Government Higher Primary School, Puttur for conducting the proceedings for regularization of unauthorized cultivation at Taluk level. If all the four persons are still alive and are available notice should be issued to them, since they being the custodians of Govt. land as to how the subsequent grant/regularisation of unauthorized cultivation was considered to third respondent and if the explanation is not satisfactory, to launch criminal prosecution against them for abusing the process of grant /regularisation of unauthorized cultivation with a view to enrich a Section of Society against the interest of poor villagers and farmers.
18. With aforesaid observation, this writ petition is disposed of.
19. It is needless to mention that the Revenue Secretary shall initiate proceedings in this behalf within fifteen days from the date of receipt of a copy of this order and within 90 days therefrom, shall complete the process and place the outcome of said enquiry before this Court failing which, he shall be answerable in contempt proceedings.
Sd/- JUDGE Sk/- CT-HR