IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR. JUSTICE B. VEERAPPA Writ Petition No. 26162 OF 2017 (KLR-RES) Between:
Nagaraja.S Aged 54 years, 604, Dr.Rajkumar Road (near IDBI Bank), 2nd Block, Rajajinagar, Bengaluru – 560 010.
... Petitioner (By Sri.S.Nagaraja – Petitioner / Party-in-person) And:
1. Assistant Commissioner Office of the District Magistrate, Deputy Commissioner & Arbitrator, Tumakuru – 572 101.
2. Deputy Commissioner and Arbitrator Office of the District Magistrate, Deputy Commissioner & Arbitrator, Tumakuru – 572 101.
3. Tahsildar Office of the District Magistrate, Deputy Commissioner & Arbitrator, Tumakuru – 572 101.
4. Principal Secretary Department of Revenue M.S.Building, Bengaluru – 560 001.
5. Circle Inspector of Police Tumakuru Town Circle Police Station, Tumakuru - 572 101.
6. Commissioner Survey Settlements and Land Records, K.R.Cirlce, Bengaluru – 560 001.
7. Commissioner Tumakuru City Corporation, Tumakuru – 572 101.
… Respondents (By Smt.Pramodini Kishan, AGA for R1 to R6; Sri.B.R.Srivasta, Advocate for Sri.Subramanya.R, Advocate for R7) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to direct respondent No.1 and all other respondents to implement the orders of the Government of Karnataka in Order dated 22.04.2017 vide Annexure – A by incorporating the petitioner’s / applicant’s name S.Nagaraja in the columns RTC and all other revenue records with respect to the land bearing Sy.no.111, Asoka Road, Tumakuru in the interest of justice as expeditiously as possible within four weeks from the date of the orders of this Hon’ble Court.
This Petition coming on for Preliminary Hearing ‘B’ Group this day, the Court made the following:
O R D E R Though the matter is posted for consideration of I.A.No.1/2017, at the instance of learned counsel for the parties, the matter is taken up for final disposal.
2. Sri.S.Nagaraja, the petitioner / party-in- person has filed the present writ petition for writ of mandamus directing the Assistant Commissioner, Tumakuru – respondent No.1 and all other official respondents to implement the order of Government of Karnataka dated 22.04.2017 made in RD/72/MRR/ 2017 vide Annexure – A by incorporating the petitioner’s/applicant’s name as S.Nagaraja in the columns of RTC and all other revenue records with respect of land bearing Sy.no.111 measuring 6 acres 30 guntas situated at Asoka Road, Tumakuru.
3. It is the case of the petitioner / party-in- person that earlier the present party-in-person had filed W.P.No.5270/2016 before this Court to direct the 1st respondent-Assistant Commissioner to consider the petitioner’s representation dated 30.11.2015 in accordance with law as per the directions issued by the Department of Survey Settlements and Land Records Government of Karnataka dated 02.01.2016 (vide Annexure – B) by including petitioner’s / applicant’s name S.Nagaraja in the RTC in respect of land bearing Sy.no.111, Asoka Road, Tumakuru as expeditiously as possible within an outer limit of three months from the date of the order.
4. This Court after hearing the party-in-person and learned counsel for the respondents by order dated 11.02.2016 disposed of the writ petition and directed the petitioner/party-in-person to approach the Assistant Commissioner once again, with all better particulars and the Assistant Commissioner shall consider the same in accordance with law and ensure that the petitioner is provided with the details that he requires to enable him to withdraw the compensation amount. With that direction, the writ petition stands disposed of and also directed the Assistant Commissioner to dispose of the representation of the petitioner within a period of six weeks from the date of order.
5. The said order passed by this Court on 11.02.2016 had attained finality. Thereafter, the petitioner / party-in-person had filed contempt petition in C.C.C.No.1586/2015 before this Court. The Division Bench of this Court, by order dated 06.01.2016, dropped the proceedings in view of the counter affidavit enclosed by an endorsement dated 04.01.2016 filed by the Assistant Commissioner as per Annexure R1 which discloses that the representation of the petitioner has been considered and they have sought for certain documents to be furnished by the petitioner before his claim is accepted.
6. The petitioner / party-in-person submits that when all the records are available with him, the question of furnishing any document at this stage would not arise and he submits that the dis-obedience continues. This Court directed the Assistant Commissioner to consider the representation. Accordingly, dropped the proceedings with liberty to challenge the endorsement, if he is aggrieved by the same. Thereafter, one more contempt petition was filed by the petitioner before this Court in CC No.138/2017. This Court, by order dated 08.03.2017 dropped the contempt proceedings with the following observation as under:
“3. The Assistant Commissioner has issued an endorsement to state that in the absence of better particulars to be furnished by the petitioner, he would not be in a position to issue any such documents. The petitioner is now armed with other documents which would certainly enable him to approach the Assistant Commissioner seeking that his request be granted.
4. Therefore, the petitioner shall approach the Assistant Commissioner once gain, with all better particulars and the Assistant Commissioner shall consider the same in accordance with law and ensure that the petitioner is provided with the details that he requires to enable him to withdraw the compensation amount. With that direction, the writ petition stands disposed of. If the petitioner approaches the Assistant Commissioner with necessary particulars and if he is satisfied with the material that is produced, the Assistant Commissioner shall dispose of the representation of the petitioner within a period of six weeks thereon. The petition is disposed of accordingly”.
7. It is the further case of the petitioner that in pursuance of the order passed by this Court stated supra he has produced all the documents to the Assistant Commissioner, Tumakuru on 10.04.2017 enclosing 19 documents including the representation. Therefore, he is before this Court for writ of mandamus to direct respondent No.1 to implement Annexure – A issued by State Government dated 22.04.2017.
8. Sri.S.Nagaraja, party-in-person while reiterating the grounds urged in the writ petition, has contended that inspite of directions issued by this Court and production of all the documents before the Assistant Commissioner by the petitioner as long back as 10.04.2017, till today the Assistant Commissioner has not considered or passed any orders or not implemented the order passed by the State Government dated 22.04.2017. He would further contend that the inaction on the part of the Assistant Commissioner for not considering the order passed by this Court and the directions issued by the State Government dated 22.04.2017, unnecessarily driven the party-in-person / petitioner before this Court. The inaction on the part of the Assistant Commissioner is contrary to material on record. Therefore, he sought to allow the writ petition as prayed for by issuing writ of mandamus.
9. Per contra, Smt.Pramodini Kishan, learned AGA for respondents No.1 to 6 on instructions submits that in terms of the directions issued by the Assistant Commissioner, the party-in-person has produced all the relevant documents as stated by him as per Annexure – B dated 10.04.2017 and the same will be considered by the Assistant Commissioner and pass orders in accordance with law within a period of three months from the date of copy of the order.
10. Having heard the learned party-in-person and learned AGA for respondents, it is not in dispute that earlier, the party-in-person / petitioner approached this Court in W.P.No.5270/2016 and direction was issued to the Assistant Commissioner to enter the name of the petitioner in the RTC in respect of Sy.no.111, Ashoka Road, Tumakuru. It is also not in dispute that this Court by order dated 11.02.2016 disposed of the writ petition with liberty to the petitioner to approach the Assistant Commissioner with all better particulars and the Assistant Commissioner shall consider the same in accordance with law. It is also not in dispute that on two occasions the petitioner has filed contempt petitions in C.C.C.No.1586/2015 and C.C.C.No.138/2017 before this Court. On second occasion in C.C.C.No.138/2017 this Court on 08.03.2017 permitted the petitioner to approach the Assistant Commissioner with all better particulars and directed the Assistant Commissioner to consider the same in accordance with law.
11. It is also not in dispute that in pursuance of the order passed by this Court stated supra, it is definite case of the petitioner that he has produced all the documents required to enter his name by the representation dated 10.04.2017 and produced as many as 19 documents to the Assistant Commissioner and pass order in accordance with law and to implement the order dated 22.04.2017 as per Annexure – A has not been considered.
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 situated at Asoka Road, Tumakuru and pass appropriate order within three months strictly in accordance with law.
Accordingly, the writ petition is disposed of.
SD/- JUDGE UN