IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.18837/2018(KLR-RR\SUR) BETWEEN 1. K M SATHYANARAYANA S/O MORESHWARA, AGED ABOUT 65 YEARS, 2. M.G.RENUKA W/O K.M.SATHYANARAYANA AGED ABOUT 60 YEARS PETITIONERS 1 AND 2 ARE RESIDENTS OF ‘RENUKA NILAYA’, VINAYAKA ROAD, BEHIND TULAJA BHAVANI ROAD, GANDHI BAZAAR, SHIVAMOGGA CITY-577 201 ... PETITIONERS (BY SRI P N HARISH, ADVOCATE) AND 1. STATE OF KARNATAKA BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001.
2. THE TAHASILDHAR SHIVAMOGGA TALUK, SHIVAMOGGA-577 201 3. ASSISTANT DIRECTOR OF LAND RECORDS SHIVAMOGGA – 577 201 AMENDED VIDE COURT 4. DEPUTY COMMISSIONER ORDER DATED 15.04.2019 SHIVAMOGGA – 577 201 ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT TO IMPLEMENT THE ORDER UNDER ANNEXURE-D PASSED BY THE ASSISTANT COMMISSIONER, SHIVAMOGGA DATED.21.03.2017 AND TO EFFECT PHODY OF PROPERTY SITUATED IN SY.No.78/1A1A1A MEASURING TO AN EXTENT OF 41 FEET X 60 FEET.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought for direction to the second respondent, Tahasildar, Shivamogga Taluk, to implement the order dated 18/21.03.2017 vide Annexure ‘D’ to the petition passed by Assistant Commissioner, Shivamogga sub-division, Shivamogga, in proceedings No.R.R.T.CR.942/16-17 and to effect phodi of the property measuring to an extent of 41 feet x 60 feet in Sy. No.78/1A1A1A situate at Kalahalli village, Shivamogga Taluk.
2. Petitioners are husband and wife. It is stated in the petition that Smt. M.G. Sharadamma, the mother of the second petitioner, purchased in all an extent of land measuring 75 feet x 60 feet in Sy. No.78 of the said Kalahalli village, under various sale deeds during the period from 20.11.1961 to 26.03.1970. She is stated to have paid betterment charges and secured municipal khata in respect of the land measuring to an extent of 15 feet x 60 feet and has put up construction thereon. Out of the remaining portion in the larger extent of land measuring 75 feet x 60 feet, an extent of 41 feet x 60 feet was gifted in favour of petitioners under registered gift deed dated 16.07.1992.
3. The grievance of petitioners is that their land measuring to an extent of 41 feet x 60 feet in Sy. No.78/1A1A1A of the said Kalahalli village is situate in the midst of fully developed residential area and when they approached the municipal authorities for change of khata in their names in respect of the said land and issue of necessary licence to enable them to put up construction on their property, at that time, they were informed that the said land was first required to be phoded by the revenue authorities, then converted from agricultural to residential use. Unless the said formalities are completed, khata of the said land could not be transferred in their names. It is stated that petitioners made several applications to the second respondent – Tahasildar, Shivamogga Taluk, requesting him to get their land phoded. However, the second respondent did not take any action in the matter. Hence, the second petitioner gave representation dated 08.09.2014 vide Annexure ‘C’ to the petition to the Deputy Commissioner, Shivamogga, seeking conversion of the said land from agricultural to non- agricultural purpose. She is said to have given one more representation dated 30.09.2014 (Annexure ‘C1’ to the petition) to the Deputy Commissioner on 10.11.2014 seeking rectification of measurement of the said land, which according to her was wrongly shown in the RTC.
4. It is further stated that the Deputy Commissioner by his communication dated 17.11.2014 (Annexure ‘C2’ to the petition) in proceedings No.ALN(1)C.R.095/14-15 (5396/14- 15), directed the second respondent – Tahasildar to consider the request of petitioners herein, take appropriate action in accordance with law and intimate the same to petitioners herein by issuing an endorsement in that regard. Deputy Commissioner, by his another communication dated 07.02.2017 in proceedings No.R.R.T.CR.311/16-17, issued similar direction to the Assistant Commissioner, Shivamogga Sub-division, to consider the request of petitioners herein.
5. Pursuant to the said direction of Deputy Commissioner, Assistant Commissioner, Shivamogga sub- division, has addressed letter dated 18/21-03-2017 in proceedings No.RRT.CR.942/16-17 to Tahasildar, Shivamogga Taluk. In the said communication, Assistant Commissioner has referred to the letter dated 07.02.2017 addressed by the Deputy Commissioner, wherein it was pointed out that the second petitioner herein had made an application seeking conversion of land measuring 41 feet x 60 feet in Sy.
No.78/1A1A1A of Kallahalli village from agricultural to non- agricultural purpose on 15.02.2017 and prior to that, she had made an application to Tahasildar on 17.06.2015 for conducting phodi of the said land and despite the same, Tahasildar had not taken any action on the said application except intimating her that the measurement of the said land was not stated correctly in the pahani and hence phodi of the said land could not be done. In that view of the matter, Assistant Commissioner directed the second respondent – Tahasildar to consider the said application of the second petitioner, verify the original records and thereafter, take appropriate action to rectify the measurement of the said land shown in the pahani in accordance with the measurement depicted in akarbandh. It is seen that Tahasildar has not complied with the said order of Assistant Commissioner till date.
6. Heard the learned counsel for petitioners and learned Additional Government Advocate for respondent Nos.1 to 4. Perused the material on record.
7. Having regard to the facts and circumstances of the case, this Court would direct the second respondent – Tahasildar, Shivamogga Taluk, to take up the work of phodi of the land measuring to an extent of 41 feet x 60 feet in Sy. No.78/1A1A1A of Kalahalli village, Shivamogga Taluk, within sixty days from the date of receipt of certified copy of this order and ensure that necessary documents are built and given to petitioners to enable them to secure order of conversion of the said land from agricultural to non- agricultural purpose from the Deputy Commissioner. The second respondent shall also ensure that the names of petitioners are registered in respect of the said land in the khata register maintained for urban lands. He shall also issue necessary orders for sanction of plan to enable the petitioners to put up construction on the said land. All this shall be done without any failure on the part of the second respondent within four months from the date of receipt of certified copy of this order. If any portion of this order is left undone after completion of four months from the date of receipt of certified copy of this order, the petitioners can approach the Contempt Court for appropriate relief against the second respondent in this proceedings.
8. With the aforesaid direction to respondents, this Writ Petition is allowed in above terms.
9. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma