IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.9038 OF 2019 (KLR-RES) BETWEEN:
MUNISHAMACHARI S/O LATE NANJACHARI AGED 76 YEARS R/AT MARENAHALLI VILLAGE JALA HOBLI BANGALORE NORTH (ADDITIONAL) TALUK BANGALORE DISTRICT – 562149.
... PETITIONER (BY SRI. S. RAJASHEKAR - ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY VIDHANA SOUDHA DR. B. R. AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE TAHASILDAR BANGALORE NORTH ADDITIONAL TALUK TALUK OFFICE, YELAHANKA BENGALURU NORTH BENGALURU – 560 084.
3. THE PRINCIPAL SECRETARY DEPARTMENT OF REVENUE 6TH FLOOR, M.S. BUILDING DR. B. R. AMBEDKAR VEEDHI BENGALURU – 560 001.
... RESPONDENTS (BY SRI T. S. MAHANTESH – AGA FOR R-1 TO R-3) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO CONSIDER THE REPRESENTATIONS DATED 27.08.2015, 19.08.2016 AND 01.12.2018 IN ACCORDANCE WITH LAW VIDE ANNEXURES-A TO C.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner herein claims that he was granted 2 acres of land in Sy.No.200 of Marenahalli, Jala Hobli, Bangalore North Taluk. According to him, the grant was made in his favour in 1964 and the Grant Certificate in Form No.1 was issued on 29.05.1964. He has sold 1 acre of land out of 2 acres granted to him, in the year 2000 and thereafter the remaining 1 acre standing in his name was shown as 1 gunta in the revenue records. In that behalf, proceedings was initiated in RRT (J)-CR-715/2005-06 before the Tahsildar, Bangalore North Additional Taluk. The said application is allowed and an extent of 1 acre is restored to his name by making correction to 1 gunta which was wrongly made. Further, Phodi and durasthi was conducted to his land bearing Sy.No.200 of Marenahalli village.
2. When matters stood thus, Section 136(3) proceedings were initiated under the Karnataka Land Revenue Act, 1964 and the matter was referred to Special Deputy Commissioner, Bangalore North Taluk for adjudication. The Deputy Commissioner in Proceedings No.RRT(2) N(A) CR.893/2009-10 by order dated 31.01.2012 vide Annexure “J” held that the original order of grant in favour of petitioner is not available. The said order which is at Annexure-“J” was subject matter of challenge before a co- ordinate bench of this court in W.P.No.2789/2013 which was disposed of by order dated 6.8.2015 vide Annexure-“K” in quashing the order impugned in the said proceeding. It is after this a representation is made by the petitioner to the second respondent – Tahsildar to remove the case number which was entered in the RTC. However, the said entry is not removed till date. In this background the present writ petition is filed seeking direction to Respondent No.1 to consider his representations dated 27.08.2015, 19.08.2016 and 1.12.2018 which are at Annexures “A” to “C”.
3. In these proceedings, learned AGA contended that there was no grant in favour of petitioner Munishamachari. The entire grant records are secured. But however, the same are in mutilated condition and it is not in a position to ascertain by this court whether grant was made in favour of the petitioner or not. In that view of the matter, based on the other related proceedings in the matter, the claim of the petitioner will have to be considered by second respondent – Tahsildar and thereafter appropriate steps will have to be taken by him to pass necessary orders for entering the name of the petitioner in the RTC to the remaining extent of 1 acre in his name. With said observation, this writ petition is disposed of.
4. It is made clear that the aforesaid exercise should be completed by the authorities after phodi work is completed and same shall be completed within six months from the date of receipt of a copy of this order.
Sd/- JUDGE KS