IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.14474-14476 OF 2019 (KLR-RES) BETWEEN 1. SHRI MUNIYAPPA AGED ABOUT 70 YEARS S/O DODDA SONNAPPA CHIKKAHOLLURU VILLAGE KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 (SENIOR CITIZENSHIP BENEFIT NOT CLAIMING) 2. SMT. MUNIYAMMA AGED ABOUT 70 YEARS W/O BYANNA DODDAHULLUR VILLAGE KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 (SENIOR CITIZENSHIP BENEFIT NOT CLAIMING) 3. SHRI. ANJINAPPA AGED ABOUT 47 YEARS AND S/O DODDASONNAPPA CHIKKAHOLLURU VILLAGE KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 (SENIOR CITIZENSHIP BENEFIT NOT CLAIMING) ... PETITIONERS (By Sri P.NARAYANAPPA, ADVOCATE) 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE Dr. B.R.AMBEDKAR VEEDHI VIDHANA SOUDHA BENGALURU POSTAL PIN CODE-560 001 2. THE DEPUTY COMMISSIONER RURAL DISTRICT BEERASANDRA (CHAPPARAKALLU) POSTAL PIN CODE-562 149 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA POSTAL PIN CODE-562 149 4. THE TAHASILDAR HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-560 036 5. SHRI.K.SURYA CHANDRA RAO MAJOR IN AGE S/O ADINARAYANA AVAILABLE AT DODDAHULLUR VILLAGE KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 6. SRI. RAJAPPA MAJOR IN AGE S/O LATE HOTTEPPA AVAILABLE AT CHIKKAHULLUR VILLAGE KASABA HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 7. SHRI. H. RAMESH MAJOR IN AGE S/O H. HOTTEPPA AVAILABLE AT CHIKKAHULLUR VILLAGE KASABA HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 8. SHRI. H. RAVI MAJOR IN AGE S/O LATE HOTTEPPA AVAILABLE AT CHIKKAHULLUR VILLAGE KASABA HOBLI, HOSAKOTE TALUK BENGALURU RURAL DISTRICT POSTAL PIN CODE-562 114 ... RESPONDENTS (By Sri VENKATESH DODDERI, AGA FOR R1-R4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH IMPUGNED ORDER BEARING NO.RP(SURVEY) 18/2018 PASSED BY THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT AT BEERASANDRA (CHAPPARAKALLU) ON 06.02.2019 VIDE ANNEXURE-W.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioners herein are claiming to be the grantees of certain extent of lands in the names of each one of them in old Sy.No.72 of Chokka Halli Village, Kasaba Hobli, Hosakote Taluk, Bengaluru Rural District.
2. The original of Survey Prathi Book produced today by Tahsildar of Hoskote Taluk would clearly indicate that Sy.No.72 of Chokka Halli Village is Sarkari Kharab and the same is Gunduthop (Doddethop), thereby indicating that the said land cannot be considered for grant under Rule 108-I of the Karnataka Land Revenue Rules, 1966, (‘Rules’ for short). Inspite of there being an embargo in law with reference to considering the aforesaid extent of land, the material available on record would indicate that the unauthorized occupation of some portion of aforesaid land is accepted by the officials of Revenue Department and the said extent is regularized in their names though it is contrary to the Rules. Pursuant to that, the petitioners seem to have sought phodying work of the said property in their names subsequent to Khatha of the aforesaid extent of land registered in their names.
3. When the matter stood thus, on the basis of some complaint by the villagers regarding the Gunduthop being allotted/granted in favour of petitioners, proceedings were initiated before the Land Grabbing Special Court constituted to deal with Land Grabbing matters, wherein an order was passed holding that the possession of the aforesaid land by the petitioners is contrary to Rule 108-I of the Rules, hence the possession of said lands are required to be taken back by the State.
4. It is in this background, an order dated 06.02.2019 in No.RP (Survey) 18/2018 (vide Annexure-W) came to be passed by the Deputy Commissioner, Bengaluru Rural District at Beerasandra (Chapparakallu) in removing the phodying work, which was done to the extent of land, which was granted in favour of petitioners in survey No.104, 105, 106, 107 & 108 and restore it to the original Sy.No.72 in the survey records.
5. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the State. Perused the order impugned.
On going through the order impugned along with copy of the original Survey Prathi Book, which is produced before this Court today to demonstrate old Sy.No.72 of Chokka Halli Village is Sarkari Gunduthop (doddethop) which are placed on record, the same appears to be just and proper in the facts and circumstances of the case. Therefore, this Court is of the considered opinion that, no justifiable grounds are made out to interfere with the order impugned dated 06.02.2019 in No.RP (Survey) 18/2018 passed by the Deputy Commissioner, Bengaluru Rural District at Beerasandra (Chapparakallu) – second respondent herein vide Annexure ‘W’.
6. Accordingly, these writ petitions stand dismissed.
Sd/- JUDGE cp*