IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.7562/2016(KLR-CON) BETWEEN SMT. GEETHA AREKAL W/O SUKUMAR G A AGED ABOUT 50 YEARS R/AT No.103, 2ND MAIN 7TH CROSS, MARUTHI LAYOUT VASANTHAPURA BANGALORE – 560 061 ... PETITIONER (BY SRI SHARATH S GOWDA, ADVOCATE) AND 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING BANGALORE - 560001 REP. BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER RAMANAGAR DISTRICT RAMANAGAR PIN CODE - 562159 3. THE ADDL. DEPUTY COMMISSIONER RAMANAGAR DISTRICT, RAMANAGAR PIN CODE – 562159 ... RESPONDENTS (BY SRI T.S.MAHANTESH, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 21.01.2016 PASSED BY 2ND RESPONDENT/DEPUTY COMMISSIONER AS THE SAME IS WITHOUT JURISDICTION AND IN VIOLATION OF THE PRINCIPLES OF NATURAL JUSTICE AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner is seeking quashing of the order dated 21.01.2016 vide Annexure ‘A’ to the petition passed by Deputy Commissioner, Ramanagara District, Ramanagara, in proceedings No.Rajika/ALN(Ra)/CR/128/2014-15, wherein the order / official memorandum of conversion passed / issued by Additional Deputy Commissioner, Ramanagara District, dated 21.11.2014 (Annexure ‘K’ to the petition) in respect of land measuring to an extent of 03 Acres 20 guntas and 30 guntas of ‘A’ kharab i.e., total extent of 04 Acres 10 guntas in Sy. No.143 (old No.72) situate at Muddapurakarenahalli village, Bidadi hobli, Ramanagara Taluk, has been cancelled.
2. The petitioner claims to be the owner of land measuring 03 Acres 20 guntas excluding 30 guntas of ‘A’ kharab land in Sy. No.143 situate at Muddapurakarenahalli village, having acquired the same under registered gift deed dated 30.08.2008 (Annexure ‘B’ to the petition) executed by her mother, Smt. Lalithamba B., wife of late Basavaraj K.S. However, in the said gift deed, extent of land is shown as 02 Acres 30 guntas and not 03 Acres 20 guntas. It is the case of the petitioner that the petition land belonged to her grandfather, Sri Shanthalingaiah, who died intestate on 11.08.1979 leaving him surviving his only son, Sri Basavaraj K.S. The name of Sri Shantalingaiah was reflected in the RTC extracts from the year 1988-89 till the year 2007-08 vide Annexure ‘D’ series. It is stated that the petitioner’s father, Sri K.S. Basavaraj, died intestate on 28.10.2007. After the death of her father, her mother, Smt. Lalithamba B., got mutated the said land in her name vide M.R. No.56/2007-08 and subsequently, she executed registered gift deed dated 30.08.2008 as stated above in favour of the petitioner. Based on the said document, the petitioner has secured conversion of the said land from agricultural to non-agricultural use vide official memorandum bearing No.Rajika/ALN(Ra)/CR128/2014- 15 dated 21.11.2014 (Annexure ‘K’ to the petition) passed by Additional Deputy Commissioner. The said conversion order refers to the total extent of land as 04 Acres 10 guntas, out of which, 30 guntas is ‘A’ kharab and 03 acres 20 guntas is ain land.
3. The records would indicate that after a lapse of 10 months from the date (21.11.2014) of conversion order, one Sri Mayanna is stated to have given complaint to the Bidadi Police alleging that the petitioner herein had concocted the documents and fraudulently secured conversion order in respect of the land in question. Thereafter, Additional Deputy Commissioner is stated to have directed the Assistant Commissioner to conduct enquiry into alleged fabrication of documents committed by the petitioner and submit his report. Accordingly, Assistant Commissioner submitted his report dated 18.12.2015. Based on the said report and in the light of the relevant Government Circular No.RD.7.L.GP.95 dated 07.06.1999, the Deputy Commissioner has passed the impugned order cancelling the earlier order of conversion dated 21.11.2014 passed by Additional Deputy Commissioner in respect of the land measuring to an extent of 04 Acres 10 guntas including 30 guntas of ‘A’ kharab in Sy. No.143. The order dated 21.01.2016 vide Annexure ‘A’ to the petition passed by Deputy Commissioner is sought to be challenged in this petition mainly on technical grounds that no notice was given to the petitioner and that Deputy Commissioner had no jurisdiction to the pass the order impugned.
4. Heard learned counsel for the petitioner and learned Additional Government Advocate for respondent Nos.1 to 3. Perused the material on record.
5. Admittedly, the only document of title on which the petitioner is relying upon is registered gift deed dated 30.08.2008 (Annexure ‘B’ to the petition) executed by her mother, Smt. Lalithamba B bequeathing land measuring to an extent of 02 Acres 30 guntas in Sy. No.143 in her favour. So far as the revenue entries (Annexure ‘D’ series to the petition) standing in the name of petitioner’s grandfather, Sri Shanthalingaiah, are concerned, the same are not supported by any order passed by the competent authority in registering his name in the revenue records based on flow of title or succession.
6. Be that as it may, when this Court called upon the petitioner to demonstrate the title of her predecessors-in-title to the land in question, she was not in a position to give any convincing answer and produce the relevant documents.
7. Per contra, the original records, which are produced by the State would indicate that the land in Sy. No.143 (old No.72) is a gomala land and certain extent of the same was granted under ‘hangami saguvali’ in favour of Sri Karagappa, son of Kyathappa, in the year 1949. Subsequently, on 14.02.1949, Sri Karagappa had sold the said land in favour of Sri Madaiah, son of Nanjaiah.
8. Perusal of the impugned order discloses that durasthi was conducted and land in Sy. No.72/7 was assigned new Sy. No.143. It has come on record that from the date of durasthi i.e., for the period from 1980-81 to 1992-93, pahani records did not reflect any person’s name and only in the year 1993-94, the name of Sri Shantalingaiah was reflected in the revenue records. But, there was no mention of any document / order on the basis of which Sri Shantalingaiah acquired his title in respect of the land in question. The Deputy Commissioner has further observed that there were no documents to show as to when and how the extent of land in Sy. No.143 which was initially shown as 02 Acres 30 guntas in the revenue records was rectified as 04 Acres 10 guntas i.e., 03 Acres 20 guntas excluding 30 guntas of ‘A’ kharab and as to when the said land which was granted in favour of the original grantee, Sri Karagappa, under temporary cultivation was converted into permanent cultivation. The Deputy Commissioner in the absence of any document produced by the petitioner herein to demonstrate her predecessors’ title with reference to the property in question and relying upon the report of the Assistant Commissioner dated 18.12.2015, has rightly cancelled the order of conversion dated 21.11.2014 passed by Additional Deputy Commissioner. While doing so, Deputy Commissioner has inter alia forfeited the amount of Rs.10,10,195/- paid by the petitioner towards land conversion fee, phodi fee and market value of ‘A’ kharab land, to the Government and has directed Tahasildar, Ramangara Taluk, to conduct enquiry with reference to the khata transactions that have taken place in respect of the land in question and submit his report to Assistant Commissioner.
9. In the fact situation, the question of interfering with the order impugned does not arise. Accordingly, this Writ petition is dismissed.
Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma