IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY, 2019 PRESENT THE HON’BLE MR.L.NARAYANA SWAMY ACTING CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL No.8735/2012 (LR) BETWEEN:
1. THE DEPUTY COMMISSIONER D.K. DISTRICT-575 001 2. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT M.S. BUILDING, BANGALORE-01 ... APPELLANTS (BY SHRI. S.S. MAHENDRA, AGA) AND:
SMT. SARASWATHI.V W/O VISHWATH SHETTY AGED ABOUT 70 YEARS R/O SAADANA HOUSE KODIYAL POST VIA BELLARI TALUK SULLIA, DK-574 239 ... RESPONDENT (BY SHRI. G. BALAKRISHNA SHASTRY, ADVOCATE) THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION 23692/12 DATED 23.7.2012.
THIS WRIT APPEAL, HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 31.01.2019, COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, P.S.DINESH KUMAR J, PRONOUNCED THE FOLLOWING:-
J U D G M E N T State has preferred this appeal challenging order dated 23.07.2012 passed by the Hon’ble Single Judge in W.P.No.23692/2012.
2. For the sake of convenience, parties shall be referred as per their status before the Hon’ble Single Judge.
3. Heard Shri S.S.Mahendra, learned AGA for the State and Shri G.Balakrishna Shastry, learned advocate for the petitioner.
4. Brief facts of the case are, by order dated 28.06.1958, land bearing Survey No.122/A measuring 14 acres 70 cents in Kodiyala Village, Sullia Taluk, Dakshina Kannada was granted on lease in favour of petitioner’s husband late B.Vishwanath Shetty, for a period of 30 years. Grantee had an option to seek ownership of land after expiry of lease period on payment of value of land at Rs.100/- per acre. Accordingly, petitioner’s husband sought for permanent grant. The Deputy Commissioner by order dated 02.02.2005 granted the land by issuing saguvali chit by collecting market value at the rate of Rs.16,000/- per acre. Petitioner’s husband challenged the said order before the Karnataka Appellate Tribunal(‘KAT’ for short) so far as market value of the land was concerned. In the second round of litigation, this Court in W.A.No.5242/2004 and connected appeals decided 26.10.2007 directed the Deputy Commissioner to quantify the market value and collect the land price.
5. The Deputy Commissioner directed the Tahsildar to furnish sales statistic in the village for the last three years to enable him to find out the market value. The said order was challenged by the petitioner in the instant writ petition. The Hon’ble Single Judge interpreting the Division Bench judgment of this Court has directed to collect 300 times the land revenue payable per acre prevailing as on the date of grant and to issue grant certificate in petitioner’s favour.
6. State is aggrieved by the order passed by the Hon’ble Single Judge. It was contended by Shri S.S.Mahendra, learned AGA that petitioner is required to pay existing market value as on the date of consideration of his application seeking ownership.
7. Shri G.Balakrishna Shastry, learned Advocate argued in support of the order passed by the Hon’ble Single Judge.
8. We have carefully considered the rival submissions and perused the records.
9. The Hon’ble Single Judge has passed the order under challenge by following a division bench judgment of this Court in M.S.Sadanandagowda Vs. The State of Karnataka and others (W.As.5242/2004 and connected matters) held that determination of market value must be based on Rule 23 and not Rule 17 of the Karnataka Land Grant Rules, 1969. We see no ground to deviate from the view taken by a co-ordinate division bench. Hence, we are at one with the Hon’ble Single Judge and find no reason to interfere with the impugned order.
10. Resultantly, this appeal fails and it is accordingly dismissed. No costs.
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ACTING CHIEF JUSTICE Sd/-
JUDGE yn.