IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.61503 OF 2016 (KLR-RR/SUR) BETWEEN:
1. THE PARACHUTE REGIMENT TRAINING CENTRE, BANGALORE – 560 006 R.T. NAGAR.
REP. BY ITS COMMANDANT.
2. THE DEFENCE ESTATE OFFICE, KARNATAKA CIRCLE, KAMARAJA ROAD, BANGALORE – 560 042.
REP. BY DEFENCE ESTATE OFFICER.
... PETITIONERS (BY SRI. VEERENDRA SHARMA, ADVOCATE) AND:
1. SRI. G. SHRAVAN, AGE 30 YEARS, S/O SRI. N. GOVINDA RAJU, NO.101, DIVYASREE RESIDENCY, H.D.DEVEGOWDA ROAD, R.T. NAGAR, BANGALORE – 560032.
2. STATE OF KARNATAKA, REP. BY THE TAHSILDAR, BANGALORE NORTH TALUK, BANGALORE – 560001.
3. SPECIAL DEPUTY COMMISSIONER-1, (BANGALORE NORTH SUB DIVISION), BANGALORE DISTRICT – 560001.
... RESPONDENTS (BY SRI. HANUMANTHAPPA B. HARAVIGOWDAR, ADV. FOR C/R1., SRI.KIRAN KUMAR T.L. AGA FOR R2 & R3.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE ORDER OF THE SPECIAL DEPUTY COMMISSIONER DTD. 20.01.2016, PASSED IN RRT (2) N CR 23/2010-11, VIDE ANNEX-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The second and third respondents in RRT (2) N CR 23/2010-11 on the file of the third respondent – Special Deputy Commissioner-I, Bangalore North Sub-Division, have come up in this writ petition impugning the order dated 20.01.2016.
2. According to the petitioners, an extent of 2 acres 37 guntas in land bearing Sy.No.3/1 of Kaval Byrasandra village, Kasaba Hobli, Bangalore North Taluk is the land belonging to petitioners, which is part of larger extent of 613 acres 38 guntas which was granted in favour of first petitioner – Training Centre, way back in the year 1950 by the erstwhile Maharaja of Mysore. According to them, the said extent of land is encroached by Respondent No.1 on the pretext that the same is acquired by his ancestors who are predecessors in title to the said property. It is also contended on behalf of the first respondent that the revenue entries standing in their name is based on the registered sale deed which is executed in their favour. However, according to petitioners 1 and 2, the said sale deed is not a genuine one, in as much as that was not the basis on which they staked claim to aforesaid land at the first instance. It is stated that only thereafter the theory of sale deed was projected by the first respondent and title was sought to be established through the said document. The same has been accepted by the third respondent on the ground that the correctness or otherwise cannot be decided in a proceeding under Section 136(3) of the Karnataka Land Revenue Act, 1964. Therefore, it is contended that the same cannot be looked into.
3. In the aforesaid fact situation, the third respondent who has initiated proceedings at the behest of the report submitted by the Tahsildar, has observed that since there is challenge to the title of first respondent based on sale deed, the parties will have to approach the Civil Court to resolve their dispute regarding title to the property, which cannot be decided by the Special Deputy Commissioner under Section 136(3) of the Karnataka Land Revenue Act, 1964, which appears to be correct proposition of law.
4. In that view of the matter, this court finds that the present writ petition filed impugning order dated 20.01.2016 in aforesaid proceedings cannot be entertained. Accordingly, same is dismissed reserving liberty to the petitioners herein to approach the Civil Court to seek adjudication of their rights over land bearing Sy.No.3/1 measuring an extent of 2 acres 37 guntas of Kaval Byrasandra village, Kasaba Hobli, Bangalore North Taluk.
Sd/- JUDGE KS