IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON' BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NOS.9045-9046/2016 (KLR-RES) AND WRIT PETITION NOS.9331-9332/2016 BETWEEN:
1. SRI.A.V.SUBBARAO, S/O LATE VENKATAGIRIYAPPA, AGED ABOUT 75 YEARS, 2. SRI.A.V.PANDURANGARAO, S/O LATE VENKATAGIRIYAPPA, AGED ABOUT 73 YEARS, BOTH ARE R/O NO.49, 14TH ‘B’ MAIN ROAD, 8TH ‘E’ CROSS, R.P.C. LAYOUT EXTENSION, 2ND STAGE, VIJAYANAGARA, BANGALORE – 560 040.
BOTH ARE REPRESENTED BY THEIR GPA HOLDERS:
1. SRI.K.A.NAGENDRA RAO, S/O LATE K.R.ANANTHAYYA, AGED ABOUT 62 YEARS, 2. SRI.K.A.RAGHAVENDRA, S/O LATE K.R.ANANTHAYYA, AGED ABOUT 47 YEARS, BOTH ARE R/O KADASOOR, HUMCHA HOBLI, HOSANAGAR TALUK, SHIVAMOGGA DISTRICT - 577 436.
…PETITIONERS (BY SRI.VIGNESHWAR S. SHASTRI, ADV.) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS PRL. SECRETARY TO REVENUE DEPARTMENT, BANGALORE – 560 001.
2. DEPUTY COMMISSIONER, SHIVAMOGGA DISTRICT, SHIVAMOGGA – 577 201.
3. ASSISTANT COMMISSIONER, SAGARA SUB – DIVISION, SAGARA, SHIVAMOGGA DISTRICT – 577 401.
4. TAHASILDAR, HOSANAGAR TALUK, HOSANAGAR – 577 418, SHIVAMOGGA DISTRICT.
...RESPONDENTS (BY SRI. T.S.MAHANTESH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO RESTORE THE LANDS MORE FULLY DESCRIBED IN THE SCHEDULE, IN FAVOUR OF LEGAL REPRESENTATIVES OF PATTABI RAMAYYA NAMELY THE PETITIONERS HEREIN BY CONSIDERING THEIR REPRESENTATIONS, ETC., THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING THIS DAY THE COURT MADE THE FOLLOWING :-
ORDER The petitioners herein submit that they are owners of land bearing Sy. No.39/1 measuring 10 acres 17 guntas of Nagarahalli Village, Hosanagara Taluk, and also land bearing Sy. No.29/1 measuring 12 acres 27 guntas, land bearing Sy. No. 29/2 measuring 6 acres and land bearing Sy. No. 31 measuring 12.05 acres of Kadasoor Village, Hosanagara Taluk, Shivamogga District. Admittedly the aforesaid lands have fallen pada for non payment of taxes. Hence it is stated that applications were filed seeking cancellation of pada and restoration of khata by accepting payment of taxes of aforesaid lands. Though the application is filed well within time, the same has not been considered for long time. Hence, the present writ petitions are filed seeking a writ of mandamus to respondent Nos.1 to 4 to restore the khata of aforesaid four lands which are referred to as item Nos.1 and 2 of schedule to these writ petitions and for further reliefs.
2. In the schedule it is also stated that the land which had fallen pada was standing in the name of Pattabhiramayya. Thereafter the present petitioners are now seeking restoration as the legal representatives of said Pattabhiramayya. Since the said application is not looked into and proper endorsements were not given, the present writ petitions are filed on 16.02.2016 notice of which is also sent to the respondents. Thereafter nothing has happened from 2016 till this day. Hence, this Court, by order dated 04.04.2019 directed the Tahsildar of Hosanagara Taluk to be present before the Court along with the original records pertaining to the aforesaid lands.
3. In response to the same, the Tahsildar of Hosanagara Taluk is present before the Court along with original records of aforesaid four lands. He would say that in the original documents he has seen an endorsement bearing No. Hada.Vi.Va 597/2013-14 dated 13.06.2016, wherein it is stated that pursuant to the instructions of the Deputy Commissioner of Shivamogga District, the application of the petitioners is rejected on the ground that they have not satisfied as to whether the petitioners are in possession of the lands in question. It is further stated that though the endorsement is dated 13.06.2016 and in which the then Tahsildar has affixed his signature on 14.06.2016, till today, the same has not been communicated to the petitioners.
4. In the fact situation when the application filed by the petitioners seeking cancellation of pada by accepting payment of taxes is well within time, question of rejecting the same on lame excuses that whether the petitioners are in possession of the lands in question or not, is not within the competence of either the Tahsildar or Deputy Commissioner.
5. If the ownership of the petitioners is established, if they are found entitled to restoration of khata pursuant to the Government orders and Notifications under the law, the Deputy Commissioner and other officers concerned shall pass appropriate orders for restoration of land to the petitioners which shall be done within sixty days from the date of receipt of a copy of this Order.
6. With aforesaid observation, these writ petitions are disposed of.
7. While allowing these writ petitions as stated supra, the endorsement which was prepared but not served on the petitioners, produced before this Court in proceedings Nos. Hada.Vi.Va 597/2013-14 dated 13.06.2016, by the Office of the Tahsildar of Hosanagara Taluk is hereby quashed. It is made clear that the same shall not have any effect on the application of the petitioners which is filed and not considered till date in accordance with law.
8. Sri Siddesha M., Tahsildar of Hosanagara Taluk who is present before the Court, shall affix his signature in the Order Sheet of these writ petitions in confirmation of the fact that he has produced the original records along with the endorsement Hada.Vi.Va 597/2013-14 dated 13.06.2016, which was not issued to the petitioners till date.
Sd/- JUDGE sac*