IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE WRIT PETITION NOs.14845-851/2013 (GM-ST/RN) BETWEEN:
1. Shri N Krishna Reddy S/o Late Nagappa Since deceased by LR’s 1a) D.K.Ravindra S/o late Shri Krishna Reddy Aged 56 years 1b) K.Shridhara S/o late Shri Krishna Reddy Aged 52 years 1c) K.Komala D/o late Shri.Krishna Reddy, Aged 54 years All residing at No.61, 3rd Main, Chamundeshwari Nagar, Begur, Bangalore-560068 1d) K.Sukanya, Aged 58 years, Dodda Nakundhi Village, Vimanapura Post, Bangalore-560037 2. Shri V. Umesh S/o Late G.Venkatesh Reddy Aged About 38 Years 3. Smt. V. Vinutha D/o Late G.Venkatesh Reddy Aged About 34 Years R/A No.585, 10th C Cross West of Chord Road II Stage Rajajinagar Bangalore-560086 4. Shri G. Nagaraj S/o Late Gopal Reddy Aged About 57 Years Since deceased by L.Rs.
(a) M.N. Radhika w/o. late G. Nagaraj aged about 54 years (b) N. Deepak S/o. late G. Nagaraj aged about 25 years (c) N. Sneha D/o. late G. Nagaraj aged about 23 years 5. Shri G. Prabhakar S/o Late Gopal Reddy Aged About 53 Years 6. Smt. G Padma D/o Late Gopal Reddy Aged About 47 Years R/a No.1, 1st ‘A’ Cross, Samrat Layout, Behind AGCS Girls Hostel Arakere Village Bangalore 560076 7. Smt. G. Asha D/o Late Gopal Reddy Aged About 41 Years R/a No.38, 7th Cross Munnekollal Lakshmi Layout, Marathahalli Bangalore 560037 Nos.2, 4(a) to 4(c) and 5 are residing at No.144, 3rd Main, KSRTC Layout, J.P.Nagar II Phase, Bangalore-560076 ... Petitioners (By Sri Suraj Naik, Advocate for Sri B.M.Arun, Advocate) AND:
1. State of Karnataka By its Secretary Department of Revenue Multistoried Building Dr. B.R. Ambedkar Veedhi Bangalore 560001 2. Inspector General of Registration and Commissioner of Stamps and Chief Controlling Revenue Authority 8th Floor, Kandaaya Bhavan K.G. Road Bangalore 560001 3. District Registrar and Registrar of Firms & Societies, Jayanagar No.12, 12th Main, 4th Block Near Jayanagar Shopping Complex Bangalore 560011 4. Sub-Registrar Begur Bangalore 560016 5. Assistant Commissioner Bangalore South Sub-Division Bangalore 6. Commissioner Of Police Bangalore City Infantry Road Bangalore – 560 001 7. Station House Officer Electronics City Police Station Bangalore 8. Shri Gopal Reddy S/o Nagareddy Aged about 49 Years R/o Vanakanahalli Kasaba Hobli Anekal Taluk Bangalore 562106 9. Shri Krishna Reddy S/o Late Kariyappa Aged about 47 Years R/o Kalkere Village Jigani Hobli Anekal Taluk Bangalore 562106 10. Smt Yashodamma D/o Late B.G. Venkataramanappa Aged About 60 Years 11. Smt. Mangalamma D/o Late B.G. Venkataramanappa Aged About 55 Years 12. Shri B.V. Venkatesh D/o Late B.G. Venkataramanappa Aged About 52 Years 13. Smt. Gouri D/o Late B.G. Venkataramanappa Aged About 48 Years 14. Smt. Indra D/o Late B.G. Venkataramanappa Aged About 40 Years 15. Shri Devraj S/o Smt. Yashodamma Aged About 40 Years 16. Shri Santhosh S/o Smt. Mangalamma Aged About 32 Years Residing at No.219, Chowdeshwari Nilaya, Hulimavu, Bannerghatta Road, Bangalore-560076 Nos.10 to 16 are residing at No.203, 2nd Cross, Dattathreya Extension, K.G.Nagar, Bangalore-560 17. Shri V. Srinivas S/o Late Chinnappa Aged about 59 Years R/a No.219, Chowdeshwari Nilaya, Hulimavu, Bannerghatta Road, Bangalore-560076 ... Respondents (By Smt Niloufer Akbar, AGA for R1 to 7, Sri M.R.Vijaya Kumar, Advocate for R8 to 17) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to direct the R4 to endorse in the encumbrance pertaining to land bearing Sy.No.294/3 of Begur Village, Bangalore South Taluk and District measuring 3 acre 39 guntas (with 6 guntas Kahrab) i.e., subject matter of sale deed of 21.01.2009, vide Annexure-E, that proceedings in C.C.No.4063/2010 pending before the Chief Judicial Magistrate, Bangalore District in respect of the subject property.
These Writ Petitions coming on for orders, this day, the Court made the following:-
ORDER Sri. Suraj Naik, learned counsel appearing for Sri. B.M. Arun, learned counsel for Petitioners.
Smt. Niloufer Akbar, learned Additional Government Advocate for respondent Nos.1 to 7.
Sri. M.R. Vijaya Kumar, learned counsel for respondent Nos.8 to 17.
2. Heard on I.A No.3/2019. For the reasons assigned in the application, which is duly supported by the affidavit, and taking into account the nature of the proposed impleadment, I.A.No.3/2019 is allowed. It is submitted that the amended cause title is already filed.
In view of the fact that I.A. No.3/2019 has already been allowed, no orders are required to be passed on I.A Nos.1/2019 and 2/2019. Accordingly, the same are disposed of.
3. The petitions are admitted for hearing.
With the consent of the petitioners and learned counsel for the respondents, the same are heard finally.
4. In these petitions, petitioners inter alia have prayed for the following reliefs:
(a) Direct respondent Nos.2 to 4 to consider the representation dated 21.01.2013 (Annexure-K) and take necessary action.
(b) Direct respondent Nos.6 and 7 to produce the report of the Forensic Science Laboratory in the matter of verification of hand writing in the document in question, pursuant to (Annexure-F4) and (c) Stay further proceedings in R.A. (S)318/2011-12 (Annexure-M) pending before respondent No.5.
5. The facts giving rise to filing of the writ petitions briefly stated are that the petitioners claim to have received the property in question in a partition which was effected on 20.10.1971. It has been averred in the writ petitions that on the basis of the aforesaid partition, revenue entries were mutated in the names of petitioners. It is also averred in the writ petitions that respondent Nos.8 and 9 impersonated themselves as Gopal Reddy and Krishna Reddy, and, along with respondent Nos.10 to 16 and other vendors, they have executed the sale deed on 21.1.2009. Petitioner No.5, there upon lodged a complaint on 2.3.2009 with the jurisdictional police which was registered as crime No.68/2009. Pursuant there to, charge sheet was filed and the matter is pending adjudication before the Chief Judicial Magistrate, Bengaluru. The petitioners, thereafter, submitted a representation dated 12.11.2011 to respondent Nos.2 to 4 to take an action under Sections 83 and 84 of the Registration Act, 1908 and under Rules 198 to 201, 123 and 124 of the Karnataka Registration Rules, 1965. However, respondent Nos.2 and 3 have not taken any action. An endorsement was issued by respondent No.4 on 28.12.2011 stating that he has no power to take action and directed the petitioners to take action in accordance with law. Thereafter, respondent No.17 moved an application for mutation of his name in the revenue records which was rejected by the Tahsildar by an order dated 8.11.2011. Being aggrieved, respondent No.17 filed an appeal before the Assistant Commissioner, which has been allowed by order dated 2.4.2013.
6. A Bench of this Court while entertaining the writ petition, by interim order dated 5.4.2013 directed the Assistant Commissioner not to proceed further in the matter.
7. Learned counsel for the petitioners submitted that the respondents were directed not to carryout any change in the revenue entries and to restore revenue entries in the name of the petitioners and to maintain the aforesaid status till the disposal of the criminal case, which has been filed by the petitioners. The petitioners have filed a memo today in which it is pointed that the jurisdiction of the Revenue Courts to decide matters pertaining to entries in Record of Rights as well as realigning the jurisdiction of the Revenue Courts hearing and deciding the question, is pending consideration before a Full Bench of this Court and the matter is adjourned to today i.e., 10.4.2019. Therefore, the matter be kept in abeyance.
8. On the other hand, learned Additional Government Advocate as well as learned counsel for the respondent Nos.8 and 9 submitted that prior to passing the interim order by this Court on 5.4.2013, the Assistant Commissioner has already passed an order on 2.4.2013 and the petitioners have remedy of filing an appeal against the aforesaid order before the Deputy Commissioner under the Karnataka Land Revenue Act, 1964.
9. I have considered the submissions made by learned counsel for the parties.
10. Admittedly, case of the petitioners is that respondent Nos.8 and 9 by impersonation have sold the property belonging to the petitioners and on the aforesaid basis, the names of the purchasers have been mutated in the revenue records. The Assistant Commissioner has passed an order on 2.4.2013 by which the names of the purchasers have been mutated in the revenue records. It is trite law that the entries made in the revenue records do not confer any title. The entries are made in the revenue records only for fiscal purpose. The complaint filed by the petitioners against respondent Nos.8 and 9 is being decided on merits and in case respondent Nos.8 and 9 are found to be guilty in the aforesaid criminal case, they shall be punished in accordance with law. However, pendency of the criminal proceedings against respondent Nos.8 and 9 need not detain this Court from passing the order in this proceeding. The issue which is pending before a Full Bench of this Court is with regard to jurisdiction of the Revenue Courts to decide matters pertaining to entries in Record of Rights as well as realigning the jurisdiction of the Revenue Courts hearing and deciding the question. In the instant case, the Assistant Commissioner has already passed an order on 2.4.2013. The petitioners have an alternative and efficacious remedy of filing an appeal against the order of the Assistant Commissioner before the Deputy Commissioner. Therefore, the petitioners are at liberty to file an appeal if so advised against the said order. At the cost of repetition, it is again reiterated that the entries made in the revenue entries are not the documents of title and do not confer any right, title or interest in respect of an immovable property.
11. Therefore, the petitions are disposed of with liberty to the petitioners to take recourse to the remedy of filing an appeal, if they so advised.
12. Interim order granted on 3.10.2016 shall continue till the appeal filed by the petitioners.
Sd/- JUDGE Cs/-
Ct-SN