IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NO.39188 OF 2012 (KLR-RES) BETWEEN:
1. M SUDARSHAN RAO S/O LATE M JAGANATHA RAO AGED ABOUT 43 YEARS, 2. SMT USHA D/O LATE M JAGANATHA RAO AGED ABOUT 49 YEARS 3. SMT SUPRIYA D/O LATE M JAGANATHA RAO AGED ABOUT 45 YEARS 4. CHANDRIKA D/O LATE M JAGANATHA RAO AGED ABOUT 40 YEARS 5. RAJA RAM RAO S/O LATE M JAGANATHA RAO AGED ABOUT 39 YEARS 6. GEETHA RAO D/O LATE M JAGANATHA RAO AGED ABOUT 37 YEARS 7. MALLIKA RAO LATE M JAGANATHA RAO AGED ABOUT 35 YEARS ALL ARE R/AT NO. 1-217-1, KADIRUDYAVARA VILLAGE AND P. O. BELTHANGADY TQ. D.K. DIST. - 574228 NOS.2 TO 7 ARE REP. BY THEIR GPA HOLDER SUDARSHAN RAO (BY SRI. N. SUKUMAR JAIN, ADV.) AND 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M S BUILDING, BANGALORE – 560001 BY ITS SECRETARY 2. THE DEPUTY COMMISSIONER MANGALORE, D.K. DIST. - 575001 3. TAHSILDAR BELTHANGADY TQ.
D.K DIST. - 574214 (BY SRI. T. S. MAHANTESH, AGA) ... PETITIONERS ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY R2 DATED 29.1.11 VIDE ANNX-B IN SO FAR AS FIXING THE MARKET RATE AT THE RATE OF RS. 22,442/- PER ACRE AND THE ENDORSEMENT DATED 5.3.12 VIDE ANNX- F; DIRECT THE R3 TO REFUND THE EXCESS AMOUNT IN RESPECT OF 5 ACRES OF LAND AT THE RATE OF 22,442/- PER ACRE, AND THE DIFFERENTIAL AMOUNT COLLECTED IN RESPECT OF 25 ACRES OF LAND BY THE R3 IGNORING THE DIRECTION PASSED BY THIS COURT AS PER ORDER DATED 26.10.07 IN WA NO.5242/04 VIDE ANNX-A THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is filed impugning the endorsement dated 05.03.2012 vide Annexure-F in proceedings No.EDIS.CDIS.LND(3)CR/13/2011-12 (C.F.
No.56485-B7). The said communication is by the
petitioner No.1 herein. The petitioners have also sought quashing of another order dated 29.01.2011 in LND(3) CR.32/2010-11/C.No.44510 vide Annexure-B and the same is with reference to issuance of permanent grant in favour of petitioners to a total extent of 30 acres in Sy.No.205/1B measuring 14 acres 20 guntas and in Sy.No.205/1D measuring 15 acres 80 guntas of Kadirudyavara Village, Belthangady Taluk, Dakshina Kannada.
2. The petitioners would claim confirmation of tenancy right in respect of 30 acres in the aforesaid survey numbers on the premise that the said land was given to Late M. Jagannath Rao, the husband of 2nd petitioner and father of remaining petitioners, on temporary lease for cultivation of cashew. According to the petitioners, the terms of lease itself would entitle them to seek permanency of such tenancy in their favour. It is in that behalf an application was submitted to the government which was considered vide Annexure-B for an extent of 30 acres only, where the amount that was required to be deposited was in a sum of Rs.22,442/- per acre and they were directed to deposit the value of the land at Rs.22,442/- per acre for 30 acres which amounted to Rs.6,73,260/-.
3. The petitioners would submit that the entire amount of Rs.6,73,260/- along with another Rs.110/- as S.D.Fee was paid on 17.02.2011 vide Annexure-D. Thereafter the endorsement at Annexure-F is issued where it was ordered that saguvalli chit should be given to the extent of land which is in their possession. Accordingly, saguvalli chit is given to petitioner to an extent of 25 acres only in Sy.No.205/1B and 205/1D. It is thereafter the petitioners approached the authorities seeking refund of excess amount paid for 5 acres, which is not considered by the authorities on the ground that there is no provision to repay the excess amount collected.
4. This Court is unable to accept the manner in which such endorsement could be given by the State and also how the said amount could be appropriated when the Government has no authority to receive such amount. Though the said amount is deposited pursuant to the order vide Annexure-B, what was ordered to be paid is the value of 30 acres of land which comes to Rs.6,73,260/-. However, vide Annexure-F, when it is made clear that the actual extent which is available in their possession should be considered for issuance of saguvalli chit and accordingly saguvalli chit being given only for 25 acres, there is no manner of right with the government to retain the value of 5 acres of land which comes to Rs.1,12,210/-. The respondent- State shall refund aforesaid amount of Rs.1,12,210/- to the petitioners at the earliest and this direction for repayment of said amount shall be complied not later than two weeks from this day and thereafter compliance should be filed in the Registry. If for any reason this order is not complied at the outline period of four weeks from this day, the petitioners are at liberty to approach contempt Court for disobedience of this direction, without reverting back to this Court by filing further petitions or applications.
With aforesaid observations, this writ petition is disposed of.
Sd/- Judge RD