IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.6668/2019 (KLR-RR/SUR) BETWEEN NAGARAJA S S/O G.SANNALINGAPPA AGED 56 YEARS, #604, Dr.RAJ KUMAR ROAD 2ND BLOCK, RAJAJINAGAR BENGALURU-560010 ... PETITIONER (BY SRI NAGARAJA S, PARTY-IN-PERSON) AND DEPUTY COMMISSIONER OFFICE OF THE DISTRICT MAGISTRATE, DEPUTY COMMISSIONER & ARBITRATOR TUMAKURU-572101 ... RESPONDENT (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT AUTHORITY DEPUTY COMMISSIONER, TUMAKURU, TO DECIDE THE REVISION PETITION No.56/2018 AS EXPEDITIOUSLY AS POSSIBLE WITHIN A SPECIFIC TIME FRAME IN ORDER TO UPDATE THE LONG PENDING INCOMPLETE RTC AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government Advocate takes notice for the respondent.
2. Heard the petitioner, who is party-in-person. He is claiming that he has certain rights in respect of the land in Sy. No.111 measuring 06 Acres 30 guntas situate at Asoka road, Tumakuru. However, he has not produced any document to substantiate as to what kind of right he has in the said land.
3. It is seen that the petitioner had approached this Court in W.P. No.26162/2017 (KLR-RES) seeking direction to the respondents therein, namely, Assistant Commissioner, Deputy Commissioner and Arbitrator and Tahasildar to implement the order of Government of Karnataka dated 22.04.2017 made in proceedings No.RD/72/MRR/2017 by incorporating the petitioner’s / applicant’s name as S. Nagaraja in the columns of RTC and all other revenue records with respect to the land bearing Sy. No.111 measuring 06 Acres 30 guntas. A coordinate Bench of this Court took up the matter for consideration on 16.10.2017 and passed order, the operative portion of which, reads as under:
“12. For the reasons stated above, writ petition is allowed, writ of mandamus is issued to the Assistant Commissioner and other official respondents to consider the representation of the petitioner along with documents dated 10.04.2017 to implement the order of the State Government dated 22.04.2017 made in RD/72/MRR/2017 to incorporate the name of the petitioner / applicant’s name as S. Nagaraja in the RTC and other revenue records in respect of land bearing Sy. No.111, measuring 6 acres 30 guntas situate at Asoka Road, Tumakuru, and pass appropriate order within three months strictly in accordance with law.”
4. It is seen that in the order dated 09.07.2018 vide Annexure ‘F’ to the petition passed by the Assistant Commissioner, Tumakuru sub-division, Tumakuru, in proceedings No.LAC.5792/90-91, the Assistant Commissioner has referred to several proceedings which were initiated before various authorities as well as this Court in respect of the land in Sy. No.111. The Assistant Commissioner has further observed that the said land in Sy. No.111 originally belonged to Wesleyan Mission Padri. Out of the total extent of 06 Acres 30 guntas of land in the said survey number, 28 guntas was sold in favour of private persons, who had put up shops in the said land; BSNL office buildings were located in an extent of 01 Acre 16 guntas of land and in another extent of 04 Acres 17 guntas of land, KSRTC bus stop and office buildings were put up; drainage was constructed in an extent of 09 guntas of land and there was no vacant land left in the said Sy. No.111.
5. The Assistant Commissioner has recorded in his order that the petitioner herein had not produced any document to show that he was in possession of any portion of the land in Sy. No.111. During the spot inspection, when the petitioner was asked to show the extent of land which was in his possession in the said survey number, he stated that he was not in possession of any extent of the said land. Further, the petitioner, who participated in the enquiry, did not produce any document of title to show that he had right over any portion of the land in the entire extent of 06 Acres 30 guntas in Sy. No.111 and on the contrary, he stated that he did not have any right in respect of the land in question. Accordingly, the Assistant Commissioner, by his order dated 09.07.2018, has rejected the application dated 10.04.2017 filed by the petitioner seeking entry of his name in the pahani in respect of the land in question. Further, Assistant Commissioner has directed Tahasildar, Tumakuru Taluk, to make entry in the pahani with reference to the acquisition of land in respect of Sy. No.111 as per the earlier communications dated 02.02.2015, 04.04.2015 and 25.01.2016.
6. In that view of the matter, this Court find that no justifiable grounds are made out to consider the prayer of the petitioner in this writ petition. Accordingly, this Writ Petition is dismissed.
7. It is made clear that dismissal of this petition would not take away the right of the petitioner to pursue any subsisting right in the land in question before the appropriate Authority.
8. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma