IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.NO.56533/2018(KLR-RR/SUR) BETWEEN:
1.SMT JAYALAKSHMAMMA W/O LATE SRI. BELLIKERE APPAYYA, AGED ABOUT 66 YEARS, 2.SMT. GAYATHRI AGED ABOUT 43 YEARS 3.SRI. MANJUNATH AGED ABOUT 40 YEARS 4.SMT.M.ROOPA AGED ABOUT 38 YEARS 5.SRI.M.DEVARAJ, AGED ABOUT 36 YEARS PETITIONERS 2 TO 5 ARE THE CHILDREN OF LATE BELLIKERI APPAYYA AND SMT. JAYALAKSHMAMMA PETITIONER NO.1 HEREIN ALL ARE RESIDENTS OF CHANNASANDRA VILLAGE, BIDARAHALLI HOBLI-560049 BANGALORE EAST TALUK ... PETITIONERS (BY SRI.A KESHAVA BHAT, ADV) AND:
1.THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, REVENUE DEPT., M.S.BUILDING, BANGALORE-560 001 2.THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, K.G.ROAD, BANGALORE-560 009 3.THE TAHSILDAR BANGALORE EAST TALUK, K.R.PURAM, BANGALORE-560 036 ... RESPONDENTS (BY SRI. VENKAESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE IMPUGNED ENDORSEMENT ISSUED BY R-3 THASILDAR DATED 02.11.2018 VIDE ANNEXURE-A ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed by the widow and children of late Bellikeri Appayya, who is granted 2 acres of land in Survey No.115 of Channasandra Village, Hosakote Taluk, vide proceedings bearing No.LND/SR(1)2644/1973-74 dated 22.12.1973.
2. Admittedly, the said Appayya was a lame person(without legs). He had no source of livelihood to maintain himself and his family. Hence, he approached the authorities seeking grant of 2 acres of land to eke out his livelihood. His prayer was favourably considered by the Special Deputy Commissioner of Bangalore District in the aforesaid proceedings and he was granted 2 acres of land in Survey No.115 of Channasandra Village, which was found to be an excess land in gomal and the same was reduced from Gomal to revenue purpose and granted in his favour.
3. It is also seen that before granting the said land in favour of the petitioner a sketch was also prepared under Section 71 of the Karnataka Land Revenue Act, 1964 and after identifying the extent of land, the same was granted in favour of the petitioner. Subsequently there were several correspondences between the grantee and the Government where he would state that he being lame person and having no source of income, he was not in a position to pay the upset price of Rs.200/-. Considering his prayer, the same was reduced from Rs.200/- to Rs.100/-. The said amount was paid by him and thereafter Grant Certificate in Form No.1 was also issued on 22.12.1973.
4. Though the grant certificate was issued in the year 1973, the phoding and survey work was not done even after the grantee approaching the authorities for several years. However, in the year 2018 for the first time an endorsement is issued in No.LND(Ka)C.R.109/2016-17 dated 02.11.2018 where several absurd and unreasonable objections are raised and the officials without any reasons have gone to the extent of observing that the documents which are produced would indicate that they are tampered and their genuineness is doubted and that the documents produced are doubted as fake documents. Accordingly, refused to conduct phodi work. It is in this background that the petitioners have come up in this writ petition.
5. Perusal of the writ petition averments clearly discloses the apathy with which the Government officials would treat the common people when they approach them for phodhi work. The petitioners have brought to the notice of this Court that earlier on three occasions, they had approached this Court for similar relief. First of that is in W.P.No.15408/2006 where the original grantee Bellikere Appayya sought for a direction to the authorities to enter his name in all the revenue records like pahani, mutation etc. The said writ petition was disposed of with a direction to the respondents therein to consider the applications filed by the petitioner as per Annexures-F1, F2 and F3 and to dispose of the same in accordance with law within four weeks from the date of receipt of the said order. The aforesaid order is dated 5.6.2007, which is not considered till today.
6. Thereafter the second writ petition was filed by Bellikere Appayya in W.P.No.6938/2007 which was also disposed of with similar directions on 5.3.2009. That order is also not given effect to by the Tahsildhar. Subsequently the third writ petition in W.P.No.3781/2018 was filed by the petitioners herein i.e. widow and children of the original grantee Bellikere Appayya since he had died by then. The said writ petition was also disposed of by order dated 27.3.2018 with certain directions to the respondents. It is in response to that, Annexure-“A” is issued. A reading of the same would clearly indicate that there is a dirty attempt on the part of the officials in some how trying to deny the legitimate claim of the petitioners to the extent of 2 acres of land which was benevolently granted to Bellikere Appayya in the year 1973.
7. The impugned endorsement discloses that the claim of the petitioner is termed as bogus and it is tried to be projected as if they do not have any right to claim 2 acres of land granted in favour of Bellikere Appayya; that they are relying on fake and forged documents. It is in this background that this Court directed the learned AGA to secure the original records pertaining to the land in question from the office of the Tahsildar of K.R. Puram. Accordingly, the Tahsildar of K.R. Puram is present before this Court with original file pertaining to LND/SR(1)2644.
8. The contents of the said file clearly discloses that the husband of the first petitioner and father of petitioners 2 to 5-Sri.Bellikere Appayya had approached the authorities with a prayer to grant 2 acres of land in Channasandra Village, on the ground that he is a lame person and he is incapable of eking out his livelihood. His request was considered by the authorities subject to payment of upset price of Rs.200/- per acre, for which he gave representation that he is landless and lame person. Having accepting the same, the authorities have reduced the upset price from Rs.200/- to Rs.100/-. The said amount has also been received by the authorities. Thereafter, grant certificate is issued in his name.
9. When all these facts are borne out from the records, for what ugly purpose, the impugned endorsement Annexure-“A” is issued is not understanble. It is nothing but an attempt to extort money by the authorities, which has resulted in issuing the endorsement as per annexure-A. When this matter is taken up for consideration, Sri.Venkatesh Dodderi, learned AGA, tried to persuade this Court that the matter is already pending consideration before the Special Deputy Commissioner and therefore, the matter be sent there.
10. This Court is unable to understand the nature of the submission of the learned AGA after having seen the entire file which clearly shows that infact there was proceedings before the authorities, which has resulted in grant of two acres of land in favour of Bellikere Appayya. Therefore, it is ununderstanble as to why the matter should be sent to Special Deputy Commissioner for formally passing some order and thereafter allow the parties to again approach this Court thereby dragging the matter for another few years. This Court having found that the grant is genuine and that the petitioners indeed are in possession of the said laid as the wife and children of the original grantee, this Court find absolutely no reason to send this matter to any other authority much before the Special Deputy Commissioner before whom the matter is stated to be pending consideration.
11. With these observations, this writ petition is allowed and the impugned endorsement, Annexure-“A” is hereby quashed. Consequently, all further proceedings before the Special Deputy Commissioner and other authorities are quashed. The second respondent-Deputy Commissioner is hereby directed to instruct his subordinate officers/officials namely Tahsildar and ADLR, K.R. Puram Taluk, to conduct the survey of the said extent and conduct phodi and durasth work in respect of land bearing No.115, measuring 2 acres of Channasandra Village, Bidarahalli Hobli, Bengaluru East Taluk(earlier Hoskote Taluk) and while doing so, to enter the names of the petitioners as Khatedars to the aforesaid extent.
12. It is made clear that the aforesaid positive direction shall be implemented by the authorities within 90 days from the date of receipt of copy of this order, failing which, the petitioners are reserved liberty to approach this Court to initiate contempt proceedings against every single officer/officials who are involved in issuance of Annexure-“A”.
Sd/- JUDGE *alb/-.