IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.3367/2018(KLR-RES) BETWEEN 1. K N PARAMESHWARA ADIGA AGED 58 YEARS BHAGIRATHI G.T. ROAD, KOLLURU, KUNDAPURA TALUK, UDUPI DISTRICT PIN 576 201 2. KALIDASA BHAT AGE 47 YEARS S/O GANESH BHAT KOLLURU, KUNDAPURA TALUK, UDUPI DISTRICT 576201 ... PETITIONERS (BY SRI M E NAGESH, ADVOCATE) AND 1. THE TAHSILDAR BYNDOOR, KUNDAPURA TALUK, UDUPI DISTRICT – 576 101 2. THE DEPUTY COMMISSIONER RAJATHADRI, MANIPAL UDUPI - 576 101. ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE SPECIAL TAHSILDAR, BYNDOOR DATED 02.01.2012 PERTAINING TO SL.No.8, KOLLUR SURVEY No.19/19 MEASURING 0.06 CENTS AS PER ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner Nos. 1 and 2 are impugning the order dated 02.01.2012 vide Annexure ‘D’ to the petition passed by Special Tahasildar, Byndooru, in proceedings No.ADM.CR.1/2011-12 insofar as it pertains to land bearing Sy. No.19/19 situate in Kolluru village, which finds place at serial No.8 in the table shown in the order.
2. Petitioner Nos.1 and 2 would contend that they are residents of Kolluru village, and they belong to Archak family of Sri Kolluru Mookambika temple. According to them, they have resided in the said place from time immemorial even prior to British rule as they were allowed to stay in Kolluru village nearby to Kolluru temple for performing pooja of Goddess Sri Mookambika. It is stated that several lands surrounding Kollur temple were given to Archaks for their residence. The land bearing Sy. No.19/19 measuring to an extent of 06 cents was in the name of the family of one Naga Bhatta.
3. Petitioners have relied upon copy of extract of survey and settlement register (Annexure ‘A’ to the petition) maintained by the then Revenue Officer in respect of Kollur village No.19, Goondapoor taluk, South Canara District. In the said register, in respect of the land in Sy. No.19/19 measuring to an extent of 6 cents, the name of pattedar is shown as Smt. Kaveramma, widow of Sri Naga Bhatta. In addition to that, petitioners would bring to the notice of this Court registered Moolageni chit dated 27.01.1914 vide Annexure ‘B’ to the petition, where among various other lands, land bearing Sy. No.19/19, which is described as punja land measuring to an extent of 06 cents was given by Smt.Manjamma, the widow of Venkatachala Bhattra, in favour of Subaraya Bhatta, who is the son of Venkappa Bhat and the grandfather of petitioner No.2 herein. It is stated that the ancestors of the second petitioner were in possession and enjoyment of the land measuring 06 cents in Sy. No.19/19. In the said land, there existed an old house in which the second petitioner and his family members were residing and in the year 2006, the second petitioner got renovated the said house. The first petitioner is said to be a relative of the second petitioner and living along with the first petitioner.
4. When the matter stood thus, it is stated that an order was passed by Special Tahasildar, Byndooru, in proceedings No.ADM.CR.01/2011-12 on 02/01/2012 vide Annexure ‘D’ to the petition. Perusal of the said order discloses that Tahasildar pursuant to the alleged order dated 11.11.2011 passed by the Deputy Commissioner, Ududpi District, Udupi, in proceedings No.R.R.T.CR.238/2011-12, has ordered to enter in column No.11 of pahani in respect of the lands mentioned in the table shown in the said order including the land in Sy. No.19/19 of Kolluru village, which finds place at Sl. No.8 in the said table as the land reserved for the benefit of persons belonging to scheduled castes and scheduled tribes. Being aggrieved by the same, the petitioner is before this Court.
5. It is stated that the first petitioner approached the Special Tahasildar and sought for copy of the order passed by the said authority and when he learnt that the said order was based on the proceedings in R.R.T.CR.238/2011-12 dated 11.11.2011, he filed an application on 09.07.2012 under the Right to Information Act, 2005, in the office of the Deputy Commissioner, Udupi District, seeking the details of the said proceedings. In response to the same, Public Information Officer and Additional Deputy Commissioner, Udupi District, has issued endorsement bearing No.RIA.CR.111/2012-13 dated 19.07.2012 vide Annexure ‘E’ to the petition intimating him that proceedings No.R.R.T.CR.238/2011-12 did not pertain to the land bearing Sy. No.19/19 of Kolluru village. Besides this, one more application was filed by the first petitioner on 23.09.2016 under the Right to information Act, 2005, before the Deputy Commissioner’s office, Udupi District, seeking details with reference to proceedings No.R.R.T.CR.238/2011-12 dated 11.11.2011. In that behalf, the Public Information Officer and Additional Deputy Commissioner, Udupi District, has issued endorsement dated 05.10.2016 (Annexure ‘J’ to the petition) bearing No. RIA.CR.118/2016/6156 in intimating the first petitioner that no proceedings had taken place on 11/11/2011 in proceedings No.RRT.CR.238/2011-12 in the office of the Deputy Commissioner, Udupi, and hence, copy of proceedings sought by the first petitioner herein could not be issued. It is further stated in para No.3 of the petition that petitioners have filed suit before the Civil Court for declaration.
6. Heard the learned counsel for the petitioners, learned Additional Government for respondent Nos.1 and 2. Perused the material on record. The order sheet maintained in this petition would indicate that coordinate Bench of this Court by its order dated 05.03.2018, had granted interim stay of the impugned order until further orders.
7. It is seen that the order dated 02.01.2012 passed by Special Tahasildar holding that the land bearing Sy. No.19/19 of Kolluru village was reserved for the benefit of people belonging to scheduled castes and scheduled tribes cannot be traced back to the proceedings of Deputy Commissioner in RRT.CR.238/2011-12 dated 11.11.2011, which is cited in the order dated 02.01.2012 (Annexure ‘D’ to the petition) passed by the Special Tahasildar.
8. Per contra, the said land measuring to an extent of 06 cents in Sy. No.19/19 is referred to as land belonging to Smt. Kaveramma, the widow of Naga Bhatta. There is a registered document dated 27.01.1914, wherein it is indicated that moolageni chit was executed by one Smt. Manjamma, the widow of Venkatachala Bhatta, in favour of Subraya Bhatta, son of Venkappa Bhat and grandfather of petitioner No.2 herein. The said Subraya Bhatta is said to be havyak brahmin and carrying on profession of vedic priest in Kolluru village and by virtue of registered document dated 27.01.1914 vide Annexure ‘B’ to the petition, he has acquired leasehold right in respect of the land measuring 06 cents in Sy. No.19/19.
9. The material on record clearly demonstrates that the order passed by Special Tahasildar in reserving the aforesaid land for the benefit of people belonging to scheduled castes and scheduled tribes is without any basis. As could be seen from the information furnished by the Public Information Officer and Additional Deputy Commissioner, Udupi District, pursuant to the application filed by the first petitioner herein under the Right to Information Act, 2005, on two occasions, would indicate that there were no proceedings as such conducted in the office of the Deputy Commissioner in recognising the land in question as Government anadeena (no man’s property) land, which could be reserved for the benefit of persons belonging to scheduled caste and scheduled tribes.
10. It is submitted by the learned counsel for the petitioners that the land, which is the subject matter of this petition, is situate next to Kolluru Sri Mookambika temple, where houses are constructed for residence of priests of the said temple. When that being the position, the question of reserving a place in the midst of the said houses for the members of scheduled castes and scheduled tribes cannot be accepted. The impugned order has been passed by Special Tahasildar in the year 2011. All the relevant documents produced by petitioners would demonstrate that the ancestors of petitioners were in possession of the said land right from the year 1914. In the fact situation, the impugned order passed by Special Tahasildar is without jurisdiction.
11. In that view of the matter, this Writ Petition is allowed. The order dated 02.01.2012 passed in proceedings No.ADM.CR.1/2011-12 in holding that the land bearing Sy. No.19/19 measuring 6 cents of Kolluru village is reserved for the benefit of people belonging to scheduled castes and scheduled tribes is hereby quashed.
Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE Sma