IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF AUGUST 2019 BEFORE THE HON'BLE MR. JUSTICE ARAVIND KUMAR WRIT PETITION NO.29557 OF 2019 (KLR-RR/SUR) C/W WRIT PETITION NO.29558 OF 2019 (KLR-RES) BETWEEN:
SRI B.DHARMAPPA S/O.SRI BHIMAPPA AGED ABOUT 58 YEARS R/AT NO.1750/2 6TH MAIN ROAD, ‘D’ BLOCK 2ND STAGE, RAJAJINAGAR BENGALURU-560 010 ... PETITIONER IN WP.No.29557/2019 SRI K.S.HUCHAVEERAPPA S/O.K.SIDDAPPA AGED ABOUT 51 YEARS R/AT NO.1750/2 6TH MAIN ROAD, ‘D’ BLOCK 2ND STAGE, RAJAJINAGAR BENGALURU-560 010 ... PETITIONER IN WP.No.29558/2019 (BY SMT.SREEVIDHYA G.K. FOR SRI K.VIJAYA KUMAR, ADVOCATES) AND:
1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT D.C.OFFICE BUILDING KANDAYA BHAVANA, K.G.ROAD BENGALURU-560 001 2. THE THASILDAR BENGALURU SOUTH TALUK BENGALURU-560 009 3. THE STATE OF KARNATAKA BY ITS REVENUE DEPATMENT REPRESENTED BY ITS PRINCIPAL SECRETARY M.S.BUILDING BENGALURU-560 001 ... RESPONDENTS COMMON (BY SRI Y.D.HARSHA, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENT NOS.1 AND 2 TO CONSIDER THE REPRESENTATIONS GIVEN BY THE PETITIONERS DATED 19.02.2019 AND 06.06.2019 (ANNEXURES-A & B).
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER Petitioners in these petitions are seeking for a writ of mandamus to respondent Nos.1 and 2 to direct them to consider representations submitted by them on 19.02.2019 and 06.06.2019 (Annexures-‘A’ and ‘B’) 2. Petitioners herein having purchased lands of 43 acres and 42 acres 08 guntas respectively in survey No.18/19 and 18/18 situated at Uttarahalli Manvarthekaval Village, Uttarahalli Hobli, Bengalur South Taluk got the revenue records mutated to their respective names in M.R.No.H2/2012-13 and M.R.No.H3/2012-13. The Assistant Commissioner, South sub-division initiated proceedings against petitioners under Sections 79(A)(B) of the Karnataka Land Reforms Act, 1961 (for short ‘the Act’) which came to be dropped on 18.06.2014. Yet again another proceedings came to be initiated in L.R.F.(83)(U):6/2015-16 and L.R.F.(83)(U):38/2015-16 and an order came to be passed on 06.02.2018 holding that there has been violation of Sections 79(A)B) and 80 of the Act and as such unserved for fortifying the lands of petitioners to the Government. Being aggrieved by the same, writ petitions filed WP.Nos.16695-16697/2018 and WP.Nos.16692-16694/2018 which came to be allowed on 06.02.2019. It is thereafter petitioners have submitted their representations above referred to for mutating revenue records to their names and on account of non consideration of said representations, petitioners are before this Court.
3. Having heard the learned counsel appearing for parties and having regard to above stated facts, this Court is of the considered view that there would be no impediment for the authorities to consider representations of petitioners for effectuating mutation entry or in other words, restoring mutation entry of M.R.No.H2/2012-13 and M.R.No.H3/2012-13 in favour of petitioners. In view of proceedings initiated under Section 79(A)(B) of the Act having come to an end respondents in general and particularly respondent No.2 is required to take steps to effectuate or restore mutation entry in the name of petitioners by considering their representations expeditiously at any rate within an outer limit of two weeks from the date of receipt of a copy of this order.
It is also made clear that even if any fresh proceedings have been initiated or proposed to be initiated against petitioners, yet authorities would be required to restore mutation entries in the name of petitioners until and unless order of forfeiting lands purchased by petitioners attains finality.
Accordingly, writ petitions are allowed.
SD/- JUDGE LB