IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.4868 OF 2010 (KLR-RR/SUR) BETWEEN:
1. Smt. Lakshmamma, Wife of Sri. Muthappa, Aged about 67 years, Residing at Sarkari Guttahalli Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District.
2. Sri.Muthappa, Son of Dodda Muthappa, Dead by LRs., 2(a). Sri.Subbaramaiah, S/o. Late Muthappa, Aged about 56 years, 2(b). Sri.M.Nagaraj, S/o. Late Muthappa, Aged about 54 years, 2(c). Sri.M.Suresh Babu, S/o. Late Muthappa, Aged about 54 years, 2(a) to 2(c) are residing at Sarkar Guttahalli, Doddagattinabbi Post, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District.
2(d). Smt.Manjula, W/o. Srinivas, Aged about 40 years, Residing at No.56, 1st Main Road, 4th Cross, Near Ramamandira Temple, BSK 3rd Stage, Bengaluru-560 085.
2(e). Smt.M.Prema, W/o. Byrappa, Aged about 38 years, Residing at No.456, Opp. Marikamba Temple, Amruthnagar Main Road, Anjanapura, Bengaluru-560 062. … PETITIONERS (By Sri P.M.Siddamallappa, Advocate) AND:
1. The Assistant Commissioner, Doddaballapur Sub-Division, Bengaluru.
2. The Tahasildar, Hoskote Taluk, Bengaluru Rural District.
3. Smt. Rukminiyamma, Wife of Venkateshaiah, Aged about 76 years, Residing at Sarkari Guttahalli Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District. … RESPONDENTS (By Sri.T.S.Mahantesh, AGA for R1 & R2 R3 served but unrepresented) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the Order dated 15.02.2003 passed by the Tahasildar, Hoskote Taluk, as per Annexure-D and also quash the Order dated 12.01.2004 passed by the Assistant Commissioner, Doddaballapura Sub Division, Bengaluru as per Annexure-E and so also quash the Order dated 30.11.2009 passed in Revision Petition No.93/2004 by the Karnataka Appellate Tribunal, Bengaluru, as per Annexure-F and allow the petition filed by the petitioners.
This Writ Petition coming on for Preliminary Hearing in ‘B’ Group this day, the Court made the following:-
ORDER The petitioners herein are claiming themselves to be the owners of land bearing Sy.No.24/5 of Sarkar Guttahalli Village, Kasaba Hobli, Hoskote Taluk, Bengaluru Rural District, which according to them was gifted in their favour by the father of the first petitioner, Smt. Lakshmamma under a registered Gift Deed dated 22.5.1974. According to them, the donor in the said document is Shri Munibyrappa son of Venkatappa was owner for a portion of land bearing Sy.No.45 of very same village, which was sold by him to one Doddasubbanna under a registered Sale Deed dated 15.5.1941. Subsequently, the very land was purchased by Munibyrappa under another registered Sale Deed dated 13.5.1943, from which date he was in possession of 01 acre 09 guntas in portion of Sy.No.45 of Sarkar Guttahalli Village, which he is said to have been gifted in favour of Laxmamma under Gift Deed dated 22.5.1974. However, when the schedule in Gift Deed dated 22.5.1974 is looked into, it would indicate conveyance of land under Sy.No.24 with various sub numbers and there is no reference to land bearing Sy.No.45. However, the petitioners herein have filed an application under Section 140(2) of Karnataka Land Revenue Act, 1964 (‘Act’ for short), seeking fixation of boundaries to the said land by the authorities, which is considered and an order being passed by the Tahasildar on 15.2.2003 in Case No.RRT (Dis) /1143/2001-02, which was subject matter of Appeal in No.RA.8/2003-04, which was disposed of by order dated 12.1.2004 and subsequently same was taken up before the Karnataka Appellate Tribunal, Bengaluru in Revision Petition No.93/2004, where the Revision Petition filed by them was dismissed by Order dated 30.11.2009. As against the concurrent findings of these authorities, the present writ petition is filed.
2. Based on the submissions, this Court directed the learned counsel for the petitioners to secure the original records in the aforesaid proceedings. In respect of that, the said documents were produced along with an officer from the Office of the Tahasildar, Hosakote. When the original records are looked into, it is clearly seen that the prayer of the petitioners was made in their application under Section 140(2) of the Act cannot be entertained. At best, they could seek for phodying mutation of the said extent of land in their name after carrying phodying, if answered based on the registered Sale Deed, in which, they secure title instead, they have made a prayer, which is not permissible in the fact situation. Accordingly, application filed by them was rejected by the Tahasildar, Hosakote and subsequently, confirmed by the Assistant Commissioner as well as the Karnataka Appellate Tribunal.
3. In that view of the matter, question of interfering with the said order does not arise in this writ petition. However, this order will not take away the right of the petitioners to get the land gifted in their favour under a registered Gift Deed dated 22.5.1974 by the father of first petitioner and to get the said extent of land mutated in their name and also to get the ‘Haddu Bastu’ of the said land done in their favour by establishing their right to such relief in appropriate proceedings. Reserving such liberty to them, this writ petition is disposed of.
Sd/- JUDGE cp*