IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR JUSTICE S N SATYANARAYANA WRIT PETITION No.62306/2016(KLR-RR/SUR) BETWEEN:
MR.R.RANGAIAH S/O LATE RAMAIAH AGED ABOUT 71 YEARS RESIDING AT MIDDLE SCHOOL STREET THYAMAGONDLY VILLAGE & POST NELAMANGALA TALUK BENGALURU RURAL DISTRICT. ..PETITIONER (BY SRI.RAJAGOPALA NAIDU, ADV.) AND:
THE TAHASILDAR NELAMANGALA TALUK NELAMANGALA TOWN BENGALURUR RURAL DISTRICT. .. RESPONDENT (BY SRI A G SHIVANNA AAG A/W SRI KIRAN KUMAR T.L., AGA) THIS PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT TO CONSIDER THE RESPONDENT ANNEX-J DATED 24.04.2015 TO CORRECT THE EXTENT IN THE FORM NO.10 CERTIFICATE OF REGISTRATION AS 3-00 ACRES OF LAND AND THEN TO CORRECT THE MUTATION AND THE RTC ENTRIES BY SHOWING 3-00 ACRES OF LAND IN THE NAME OF THE PETITIONER AS OWNER IN RESPEC TOF OLD NO.166, BIFURCATED RE- SY.NO.166/3P OF THYAMAGONDLY VILLAGE, NELAMANGALA TALUK, BENGALURU RURAL DISTRICT.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking direction to the respondent viz., Tahsildar, Nelamangala Taluk to consider his representation vide Annexure “J” dated 24.04.2015, thus seeking correction of the extent of land shown in Form No.10, which is the Certificate of Registration issued pursuant to the grant made in his favour.
2. Brief facts leading to this writ petition are as under:
Petitioner’s mother Smt.Chikkamma had approached the Land Tribunal by filing Form No.7 seeking occupancy rights in respect of 3 acres in land bearing Sy.No.166 of Thyamagondlu Village, Nelamangala Taluk, Bangalore Rural District. The records would indicate that the same was registered in Proceedings No.LRF.THY.16:75-76 and was disposed of by order dated 18.09.1975 granting occupancy rights to her in respect of 3 acres, however, it was made clear in the order which is at Annexure “A” that issuance of occupancy rights of 3 acres is subject to survey being conducted and the extent of land which is in her possession, is measured before issuing saguvali chit.
3. The grievance of the petitioner herein is while issuing Form No.10, though initially 3 acres of land was granted, however, subsequently the same is shown as 2 acres 11 guntas as the extent given to her. Therefore, he sought for correction of the same by incorporating the correct extent.
4. This Court, doubted the corrections made therein and felt that it would have been the handy work of one of the officers of the Revenue Department. To ensure that there is no deliberate interference by manipulating the records, the entire records was ordered to be secured before the Court.
5. The original records secured and produced before this Court in LRF.THY:16:75-76, the same would clearly indicate that a survey conducted in respect of land bearing Sy.No.166 is divided into 3 blocks, the extent of land which is in possession of respective applicants viz., with reference to Block No.1 by Gangaiah, Block No.2 which is in the name of petitioner’s mother Chikkamma and Block No.3 by another Gangaiah is identified as the extent of land being in their respective cultivation and out of that, the land shown to be in cultivation with the mother of petitioner is shown as 2 acres 11 guntas and the survey sketch which is produced also indicate that Block No.2 in Sy.No.166 is only with reference to 2 acres 11 guntas.
6. In that view of the matter, this Court feels, any clarification which is required to be secured, is only on the basis of aforesaid revenue record for which the petitioner has to approach the Land Tribunal of Nelamangala and challenge the correctness or otherwise of the sketch which was prepared in 1975-76. Even otherwise also, since the extent mentioned in Form No.10 is corroborated with the survey sketch produced, this Writ Petition does not merit consideration. Accordingly, writ petition is disposed of.
Sd/- JUDGE Brn