IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.8819-8820/2019 (KLR-RES) BETWEEN 1. SHRI RAFIQ AHMED SON OF LATE ABDULA REHMAN AGED ABOUT 62 YEARS 2. SMT. SHABANA WIFE OF LATE RAFIQ AHMED AGED ABOUT 56 YEARS BOTH PETITIONERS ARE RESIDING AT NO.7 MUNISWAMAPPA LAYOUT LINGARAJAPURAM BENGALURU-560 084 ... PETITIONERS (BY SRI GOUTHAM S BHARADWAJ, ADVOCATE) AND THE THASILDAR BENGALURU NORTH TALUK YELAHANKA BENGALURU-560 064 ... RESPONDENT (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 1ST RESPONDENT TO DECIDE PROCEEDINGS IN ACCORDANCE WITH LAW AND IN A TIME BOUND MANNER TO BE FIXED BY THE HON'BLE COURT FROM THE DATE OF DISPOSAL OF THE INSTANT PETITION.
THESE WRIT PETITIONS 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. Petitioners are seeking direction to the respondent – Tahasildar, Bengaluru North Taluk, to decide the proceedings bearing No.LND/NA/CR/84/17-18 (stated as LND/NA/LR/84/17-18 in the prayer portion of the writ petitions) in accordance with law and in a time-bound manner to be fixed by this Court from the date of disposal of the instant petitions.
3. Petitioners are said to be purchasers of land measuring to an extent of 03 Acres 19 guntas in Sy. No.28 (which totally measured 05 Acres 31 guntas) situate at Bellahalli village, Yelahanka hobli, Bengaluru North Taluk, from Smt. Geeta under registered sale deed dated 14.09.1987. According to petitioners, originally the said land was granted to one Kallusab vide order dated 25.02.1965 passed by Deputy Commissioner. It is stated that Smt. Geeta, the vendor of the petitioners, had purchased the said land from Kallusab under registered sale deed dated 07.12.1981 .
4. The records would indicate that petitioners are before this Court for the second time with reference to the dispute between themselves and Smt. Husaina Bi / Smt. Hussain Bi, wife of Syed Mustaffa, involving mutation entries effected in respect of the land in question.
5. Initially, petitioners herein preferred Revision petition No.201/2008-09 under Section 136(3) of the Karnataka Land Revenue Act, 1964, assailing the entries made in column No.11 of the RTC in respect of the land in Sy. No.28 situate at Bellahalli village, Yelahanka hobli, Bangalore North (Additional) Taluk, based on mutation order vide M.R. No.8/2001-02 in favour of the second respondent therein – Smt.Hussain Bi.
6. Petitioner No.2 herein preferred revision petition, which was numbered as Bhoomapana.Revn.Petn.8/2008-09, under Section 56 of the Karnataka Land Revenue Act, 1964, challenging the order bearing No.DDLR.Appeal.29/2007-08 dated 14.05.2008 passed by the Deputy Director (Technical Assistant) of Land Records, office of the Deputy Commissioner, Bengaluru District, in allowing the appeal filed by the second respondent therein – Tahasildar, Bangalore North Taluk, and canceling the hissa / phodi in respect of the land in Sy. No.28 as 28/1 and 28/2 and remanding the matter to the Tahasildar, Bengaluru North (Additional) Taluk, with a direction to resurvey the land and take necessary action in accordance with law.
7. It is seen that the Special Deputy Commissioner, Bengaluru District, by his order dated 11.10.2010 (Annexure ‘B’ to the petitions), held that the order dated 14.05.2008 / 24.05.2008 passed by the Technical Assistant and ex-officio Deputy Director of Land Records in case No.BHOO.TAM.SA.BHOO.U.NI.29/2007-08 did not call for any interference and accordingly, allowed the revision petitions in part. While doing so, Special Deputy Commissioner remanded the matter to the Tahasildar, Bengaluru North (Additional) Taluk, with a direction to verify the mutation entries reflected as per M.R No.8/2001-02 as well as get the land in Sy. No.28 situate at Bellahalli village, Yelahanka hobli, Bengaluru North (Additional) Taluk, resurveyed and hissa phodi effected according to the respective right and title of both the parties i.e., petitioner/s therein and the respondent – Smt. Hussain Bi over the land in question and effect phodi mutation in the revenue records in accordance with law and Rules.
8. Aggrieved by the said order of Special Deputy Commissioner, petitioners herein approached this Court by filing W.P. Nos.39261/2010 (KLR-RR/SUR) and 39656/2010 and petitioner No.2 herein preferred writ petition in W.P. No.39260/2010 before this Court. The said petitions were clubbed together and taken up for consideration by a coordinate Bench of this Court, which by its common order dated 12.04.2017 (Annexure ‘C’ to the present petitions), rejected the said writ petitions by confirming the order dated 11.10.2010 passed by the Special Deputy Commissioner in remanding the matter to the Tahasildar.
9. It is stated that pursuant to the said order dated 12.04.2017 passed by coordinate Bench of this Court, petitioners appeared before the respondent – Tahasildar on 04.05.2017 and the said case was registered as LND/NA/CR/84/17-18. The grievance of the petitioners is that despite representation dated 07.03.2018 made by them to the respondent to complete the proceedings as per the order of remand passed by the Special Deputy Commissioner, which was confirmed by coordinate Bench of this Court in W.P. Nos.39261/2010 and 39656/2010 c/w 39260/2010, the respondent has not concluded the said proceedings till the date of filing of these petitions.
10. Heard the learned counsel for petitioners as well as learned Additional Government Advocate for the respondent.
11. Learned Additional Government Advocate would submit that if sufficient time is granted to the respondent -
Tahasildar, he would dispose of the proceedings No.LND/NA/CR/84/17-18 (Annexure ‘A’ to the petitions) on merits in accordance with law.
12. Accepting the aforesaid submission made by learned Additional Government Advocate, these Writ Petitions are allowed. The respondent – Tahasildar, Bengaluru North (Additional) Taluk, Bengaluru, is directed to dispose of the proceedings No.LND/NA/CR/84/17-18 in accordance with law within 90 days from the date of receipt of certified copy of this order.
13. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma