IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NOs.192/2018 & 11297/2018(CS-RES) BETWEEN:
1. NAGARAJU S/O LATE VENKATEGOWDA AGED ABOUT 70 YEARS R/O GOLLAHALLI VILLAGE SOREKUNTE POST, BELLAVI HOBLI TUMAKUR TALUK, TUMAKURU DISTRICT – 572 128.
2. G.S. SHASHIDHAR S/O LATE SHIVARAMU V AGED ABOUT 52 YEARS R/O GOLLAHALLI VILLAGE SOREKUNTE POST, BELLAVI HOBLI TUMAKUR TALUK, TUMAKUR DISTRICT – 572 128.
(BY SRI. S.N. THYAGARAJ, ADVOCATE) AND:
1. THE ASSISTANT REGISTRAR OF CO-OPERATIVE SOCIETIES TUMAKUR SUB-DIVISION GANDHI NAGARA TUMAKUR – 572 101.
2. THE MANAGER TUMKUR TALUK PRIMARY AGRICULTURAL AND RURAL DEVELOPMENT CO-OPERATIVE ... PETITIONERS BANK LIMITED BEHIND COURT COMPLEX TUMAKUR TALUK TUMKUR – 572 101.
(BY SMT. H.C. KAVITHA, HCGP FOR R-1; SRI. B. REVANNA, ADVOCATE FOR R-2) ... RESPONDENTS THESE W.Ps. ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-1 TO ISSUE NOC IN FAVOUR OF THE PETITIONERS IN PURSUANCE TO THE REPRESENTATION DATED:30.10.2017 BY CONSIDERING THE REPRESENTATION ANNEXURE-A.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are seeking for a writ of mandamus to first respondent to issue No Objection Certificate pursuant to representation dated 30.10.2017- Annexure-A submitted by them.
2. Petitioners have purchased the land bearing Sy.No.27/A measuring 3 acres 10 guntas situated at Puradakunte Village, Bellavi Hobli, Tumkur Taluk. Said property originally belonged to one Sri. Kalaiah, S/o. Rangaiah and he had mortgaged the said property with second respondent–Bank. However, mortgage entry was not reflected in RTC or in the encumbrance certificate as per revenue records produced by petitioners for the year 1995 till 1997 - Annexures-B and B-1 respectively. It is thereafter petitioners are said to have purchased the property in question under sale deed dated 04.11.1997–Annexure-D and possession is also said to have been delivered to them by their vendors.
3. Second respondent for recovery of amount due from the debtor had raised a dispute under Section 70 of the Karnataka Co-operative Societies Act, 1959, against the debtors i.e., vendors of petitioners and after obtaining the decree, revenue records came to be mutated in the name of second respondent-Bank as per Annexure-E vide mutation entry M.R.No.8/2002-03 – Annexure-F. Hence, petitioners are said to have approached second respondent – Bank for clearing the loan and they have cleared the loan on 30.06.2005, based upon which No Due Certificate came to be issued by second respondent-Bank in the name of petitioners’ vendor. Hence, petitioners have approached the competent revenue authority for change of revenue records and on being intimated that until and unless NOC is obtained from first respondent, khatha of land in question would not be mutated to the name of petitioners and as such a representation came to be submitted by petitioners to first respondent on 30.10.2017 as per Annexure-A with a request to first respondent to issue ‘NOC’. In fact prior to same representation had been submitted by petitioners to second respondent for issuance of NOC and reply came to be issued to petitioners on 26.09.2017-Annexure-K stating thereunder that entire records shave been forwarded to first respondent enclosing the request of petitioners to mutate revenue records in the name of petitioners. Yet, first respondent has not taken any steps or action in this regard. Hence, this writ petition.
4. In the light of loan borrowed by petitioners’ vendor having been repaid by petitioners and second respondent in turn having intimated petitioners by communication dated 26.09.2017-Annexure-K about records having been forwarded to first respondent for issuing NOC, this Court is of the considered view that there is no impediment for first respondent to consider the representation-Annexure-A submitted by petitioners and issue NOC in favour of petitioners so as to enable the authorities to mutate the revenue records in the name of petitioners insofar as land in question i.e., Sy.No.27/A measuring 3 acres 10 guntas.
Hence, I proceed to pass the following:
ORDER (i) Writ petitions are allowed.
(ii) A writ of mandamus is issued to first respondent to consider the representation dated NIL Annexure-A submitted by petitioners and to issue NOC in favour of petitioners for getting the revenue records mutated in their names in respect of land bearing Sy.No.27/A measuring 3 acres 10 guntas situated at Puradakunte Village, Bellavi Hobli, Tumkur Taluk, and to enable the petitioners to take steps before the revenue authorities in that regard. Said exercise shall be completed by first respondent expeditiously and at any rate within four (4) weeks from the date of receipt of copy of this order.
Learned Government Advocate is permitted to file memo of appearance within six (6) weeks from today.
SD/- JUDGE DR