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.11854/2017 (KLR-RES) BETWEEN:
SMT. RANGAMMA, W/O LATE ANJANAPPA, AGED ABOUT 50 YEARS, R/AT CHENNASANDRA VILLAGE, HESARGHATTA HOBLI, BENGALURU NORTH (ADDL.) TALUK, PIN 560 060. …PETITIONER (BY SRI GANESHA.P, ADVOCATE) AND 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, M.S.BUILDINGS, DR.B.R.AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE SPECIAL DEPUTY COMMISSIONER, BENGALURU NORTH SUB-DIVISION, BENGALURU DISTRICT, K.G.ROAD, BENGALURU-560009.
3. THE TAHSILDAR, BANGALORE NORTH (ADDL.) TALUK, YELAHANKA, BANGALORE-560060. ... RESPONDENTS (BY SRI KIRAN KUMAR.T.L, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 24.03.2016 PASSED BY THE R-2 IN CASE NO.RRT/(2)N(A).CR/571/2008-09 VIDE ANNEXURE-A IN RESPECT OF THE LAND IN QUESTION AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is impugning the order of Special Deputy Commissioner-1, North Sub Division, Bengaluru District, dated 24.3.2016 in No.RRT.2/N(A) CR/571/2008-
09. The said order is under challenge by the petitioner, on the premise that she is the absolute owner of an extent of 30 guntas of land bearing old Sy.No.24 and New Sy.No.24/P- P35 of Chennasandra village, Hesaragatta Hobli, Bangalore North Additional Taluk, which according to her was the land granted in favour of her father-in-law.
2. In this proceedings, except the Xerox copy of mutation entry and RTC extracts, no other documents are produced by the petitioner to demonstrate that aforesaid land bearing old Sy.No.24, New Sy.No.24/P-P35 measuring to an extent of 30 guntas was granted in favour of the father- in-law of petitioner. However, when the order impugned is looked in to, it is seen that the proceedings which is initiated before the Special Deputy Commissioner in No.RRT.2/N(A) CR/571/2008-09 is at the instance of Tahsildar, who has brought to the notice of Special Deputy Commissioner in his letter bearing No.LND/CR/136(3)44/2008-09 dated 26.8.2008 with reference to land bearing old Sy.No.24, New Sy.No.24/P-P35 measuring to an extent of 30 guntas as gomal land, which is not reduced in extent and transferred to Revenue Department for distribution in favour of any person claiming occupancy right or grant from the Government. In this background, he has addressed aforesaid letter to the Special Deputy Commissioner to initiate suo motu proceeding under Section 136(3) of the Karnataka Land Revenue Act, 1964.
3. The order impugned would further indicate that despite service of show cause notice, final notice and thereafter sufficient opportunity being afforded to the father- in-law of petitioner herein, who is respondent before Special Deputy Commissioner, he did not appear before the said authority. In the absence of any representation on behalf of respondent in said proceedings, in the absence of any document of title being produced to substantiate the grant in favour of respondent therein, the Special Deputy Commissioner has passed the order impugned after looking in to the original records placed before her by the Tahsildar. In fact, the Special Deputy Commissioner by herself has looked in to the material on record and after giving thorough consideration to the said material, has disposed of the proceedings before her by a detailed order, which appears to be just and proper in the fact situation when respondent therein has failed to make use of the opportunity which was given to him and when he has deliberately allowed the proceeding before Special Deputy Commissioner to be decided exparte. Hence, the said order, which is impugned in this writ petition cannot be interfered with either by way of setting aside said order or passing an order to revoke the same and to reconsider the order, which is rightly passed by the Special Deputy Commissioner.
Accordingly, this writ petition is dismissed.
Sd/- JUDGE nd/-