IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.4244/2017(KLR-RR/SUR) BETWEEN:
SMT.MUNIANNAMMA, W/O LATE MUNIYAPPA, AGED ABOUT 57 YEARS, RESIDING AT MESIGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH (ADDL) TALUK, BANGALORE – 562 149. …PETITIONER (BY SRI S.MALLIKARJUNA SWAMY, ADVOCATE) AND :
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, BANGALORE – 560 001.
2. THE DEPUTY COMMISSIONER, BANGALORE NORTH SUB DIVISION, BANGALORE DISTRICT, BANGALORE – 560 001.
3. THE TAHASILDAR, BANGALORE NORTH ADDL. TALUK, BANGALORE – 560 064. …RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-A PASSED BY RESPONDENT NO.2 DATED 24.02.2016 IN RRT/2/N(A) CR/33/2010-11 VIDE ANNEXURE-A AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is impugning the order of Special Deputy Commissioner-1, North Sub Division, Bengaluru District, dated 24.2.2016 in No.RRT.2/N(A) CR/33/2010-11. The said order is under challenge by the petitioner on the premise that she is the absolute owner of an extent of 2 acres of land in Sy.No.35/5 of Mesiganahalli village, Jala Hobli, Bangalore North Additional Taluk, which according to her was the land belonging to her husband Sri.Muniyappa and after his death, mutated in her name vide MR.No.1/89- 90.
2. In this proceeding, except the Xerox copy of mutation entry and RTC extracts, no other documents are produced by the petitioner to demonstrate that aforesaid land bearing Sy.No.35/5 measuring to an extent of 2 acres was granted in favour of her husband Sri.Muniyappa while he was alive and that said land is mutated in her name after his death. However, when the order impugned is looked in to, it is seen that the proceeding which is initiated before the Special Deputy Commissioner in No.RRT/2/N(A)/CR.33/2010-11 is at the instance of Tahsildar, who has brought to the notice of Special Deputy Commissioner in his letter bearing No.LND/CR/136(3)1437/2008-09 dated 30.12.2008 with reference to land bearing Sy.No.35/5 of Mesiganahalli village as gomal land, which is not reduced in extent and transferred to Revenue Department for distribution in favour of any person claiming occupancy right or grant from the Government. In this background, he has addressed aforesaid letter to the Special Deputy Commissioner to initiate suo motu proceeding under Section 136(3) of the Karnataka Land Revenue Act, 1964.
3. The order impugned would further indicate that despite service of show cause notice, final notice and thereafter sufficient opportunity being afforded to the petitioner herein, who is respondent before Special Deputy Commissioner, (who is wrongly shown as Deputy Commissioner in this proceeding) she did not appear before the said authority. In the absence of any representation on behalf of petitioner herein, in the absence of any document of title being produced to substantiate the grant in favour of Muniyappa, the Special Deputy Commissioner has passed the order impugned after looking in to the original records placed before her by the Tahsildar. In fact, the Special Deputy Commissioner by herself has looked in to the material on record and after giving thorough consideration to the said material, has disposed of the proceeding before her by a detailed order, which appears to be just and proper in the fact situation when petitioner herein has failed to make use of the opportunity which was given to her and when she has deliberately allowed the proceeding before Special Deputy Commissioner to be decided exparte. Hence, the said order, which is impugned in this writ petition cannot be interfered with either by way of setting aside said order or passing an order to revoke the same and to reconsider the order, which is rightly passed by the Special Deputy Commissioner.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE nd/-