IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.2138/2018 (KLR-RES) BETWEEN:
RAGHAVENDRA S/O LATE NINGAIAH AGED ABOUT 43 YEARS R/AT HOSABEEDHI, ARUNDHATHI NAGAR TALAKADU, T.NARASHIPURA TALUK MYSURU DISTRICT PIN – 571 124 …PETITIONER (BY SRI M.ERAPPA REDDY, ADVOCATE) AND :
THE TASHILDAR HUNASURU TALUK HUNASURU, MYSURU DISTRICT – 571 105 …RESPONDENT (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE DIRECTION TO THE REPONDENT TO TAKE ACTION IN ACCORDANCE WITH LAW AS DIRECTED BY THE ASSISTANT COMMISSIONER, HUNASURU SUB-DIVISION, HUNASURU, IN No.RRT02-2016-17 DATED 20.04.2016 AS PER ANNEXURE-H AND TO REGISTER KATHA IN THE NAME OF THE PETITIONER IN RESPECT OF 04 ACRES OF LAND IN SY.No.1, BLOCK No.289 OF ASPTHRA KAVALU VILLAGE, HUNASURU TALUK, MYSURU DISTRICT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner herein is seeking mandamus to the respondent to take action as per the order dated 20.04.2016 (Annexure ‘H’ to the petition) passed by the Assistant Commissioner, Hunasuru sub-division, Hunasuru, in proceedings No.RRT.02/2016-17 and to register khata in his name in respect of 04 Acres of land in Sy. No.1, block No.289 situate at Aspthra Kavalu village, Hunasuru Taluk, Mysuru District.
2. The petitioner herein is son of Ningaiah, the grantee of 04 Acres of land in Sy. No.1, block No.289 of Aspthra Kavalu village, Hunasuru Taluk, Mysuru District. It is the case of the petitioner that his father was granted the aforesaid land in the year 1957 and grant certificate was also issued in favour of his father on 30.07.1957 vide Annexure ‘A’ to the petition. On the basis of the said grant certificate, the aforesaid land was registered in the name of petitioner’s father and he was shown as khatedar and Anubhavadar of the said land in the revenue records. The grievance of the petitioner is that without conducting enquiry and without there being any order, his father’s name, Ningaiah, has been removed from the revenue records and in its place, name of Kalaiah, son of Honnaiah, was inserted as khatedar, as could be seen from the RTC for the year 2008-09, copy of which is at Annexure ‘D’ to the petition.
3. It is stated that petitioner’s father died on 30.01.1990. Subsequently, the petitioner gave representation dated 27.12.2014 to the Deputy Commissioner requesting him to rectify the said mistake and transfer the khata in respect of the said land in his name. In that behalf, the Deputy Commissioner, Mysuru District, by his communication / order dated 27.01.2015 (Annexure ‘G’ to the petition) in proceedings No.RRT.597/2014-15 directed the respondent – Tahasildar to consider the application of the petitioner herein, verify the records and take action in accordance with law and thereafter, intimate the action taken to the petitioner herein.
4. It is in this background, Tahasildar is said to have directed the petitioner to file appeal before the Assistant Commissioner, Hunasuru sub-division. Accordingly, the petitioner herein filed appeal, which was numbered as RRT.02/2016-17, under Section 136(2) of the Karnataka Land Revenue Act, 1964, before the Assistant Commissioner, Hunasuru sub-division, Hunasuru.
5. The Assistant Commissioner in his order dated 20.04.2016 (Annexure ‘H’ to the petition), has observed that land measuring to an extent of 04 Acres in Sy. No.1 block No.289 was granted in favour of Ningaiah, the father of the petitioner herein, and that his name was registered in the revenue records. However, in the RTC for the year 1990-91 produced by the appellant – petitioner herein, the name of Kalaiah, respondent No.2 therein, was registered as khatedar in respect of the said land. Assistant Commissioner has further observed that the appellant – petitioner herein had sought for rectification of the entries in the revenue records dating back to 20 years and he had not produced the relevant records giving location and identity of the land. In that background, Assistant Commissioner felt it necessary to direct Tahasildar to verify the original darkhast records, ahavalu thakthe, survey sketch and sketch prepared based on possession and thereafter, decide the application of the petitioner herein. Accordingly, Assistant Commissioner has partly allowed the appeal filed by the petitioner herein and directed Tahasildar, Hunasuru Taluk, to take action in accordance with law with reference to the prayer made by the petitioner herein, in the light of the observations made in the said order.
6. The records would indicate that pursuant to the said order passed by the Assistant Commissioner, Revenue Inspector of kasaba hobli, Hunasuru Taluk, has inspected the land measuring to an extent of 04 Acres in Sy. No.1/289 and he has drawn mahazar vide Annexure ‘J’ to the petition and submitted his report as per Annexure ‘K’ to the petition. The grievance of the petitioner is that despite the order dated 20.04.2016 passed by the Assistant Commissioner, the respondent has not taken any action to transfer the khata in his name in respect of the petition land.
7. Heard the learned counsel for the petitioner as well as learned Additional Government Advocate appearing for the respondent. On going through the material available on record, it is clearly seen that grant of 04 Acres of land in Sy. No.1 block No.289 situate in Aspthra Kavalu village, Hunasuru Taluk, Mysuru District, in favour of Sri Ningaiah, the father of the petitioner, is not in dispute. The name of the petitioner’s father, Ningaiah, was reflected in the RTC for the period from 1971-72 to 1979-80. However, according to the petitioner, in the RTC for the year 2008- 09, the name of his father has been removed and in its place, the name of one Kalaiah, son of Honnaiah, has been inserted as khatedar in respect of the said land. It is seen that appeal No.RRT.02/2016-17 filed by the petitioner herein before the Assistant Commissioner came to be allowed in part by order 20.04.2016 (Annexure ‘H’ to the petition). By the said order, Assistant Commissioner has directed Tahasildar of Hunasuru Taluk, to consider the application of the petitioner in accordance with law and in the light of observations made in the said order. The said order could not be complied by Tahasildar in the light of the mahazar drawn vide Annexure ‘J’ to the petition and report dated 17.06.2016 (Annexure ‘K’ to the petition) submitted by Revenue Inspector, Sri Chowdanayaka, in proceedings No.Raa.Ni.Kra.P.R.116/14-15 / LND(K).27/13-14.
8. The mahazar would indicate that at the time of inspection of the land, which was shown by the petitioner herein as the land granted in favour of his father, Ningaiah, Revenue Inspector noticed that neither the petitioner herein nor his family member was in possession of the said land, whereas children of late Siddaiah, namely, Sri Siddaiah, Sri Puttaraju and Sri Rajesh were found to be in possession and cultivation of the said land. The Revenue Inspector in his report has recorded that the petitioner was not able to identify the block number in which the aforesaid persons were cultivating the land. Hence, Revenue Inspector had requested the concerned LND department to ascertain the location and identity of the land on the basis of survey sketch found in the original grant records No.KDR.22/56- 57.
9. During the pendency of this petition, learned Additional Government Advocate filed memo dated 23.07.2018 along with copy of endorsement dated 31.03.2018 issued by Tahasildar, Hunasuru Taluk, wherein on the basis of the report of the Revenue Inspector, the request of the petitioner for transfer of khata in respect of the said land was rejected for the reason that he was not found in possession of the said land. This Court, by order dated 01.04.2019, directed the author of the said endorsement to explain the basis on which he had issued the endorsement denying transfer of khata in favour of the petitioner. In response to the same, Sri I.E. Basavaraj, Tahasildar, Hunsuru Taluk, is present before this Court today.
10. Therefore, in the aforesaid fact situation, this Court would direct the respondent to consider the application of the petitioner for transfer of khata in respect of 04 Acres of land in Sy No.1, block No.289 situate at Aspthra Kavalu village, Hunasuru Taluk, Mysuru District, by holding an enquiry in that behalf after issuing notice to the persons found in cultivation of the aforesaid land, namely, Sri Siddaiah, Sri Puttaraju and Sri Rajesh, who are said to be the children of late Siddaiah and thereafter, pass appropriate order in directing the Assistant Director of Land Records, Hunasuru, to conduct survey identifying the land, which was granted in favour of petitioner’s father, Ningaiah.
11. With the aforesaid observations, this Writ Petition is disposed of. While doing so, it is made clear that the entire exercise of conducting enquiry by Tahasildar and thereafter, referring the matter to Assistant Director of Land Records, Hunasuru, to complete the aforesaid formality, shall be done within ninety days from the date of receipt of certified copy of this order.
12. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE Sma