IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA W.P.NO.45229/2012(LR-RES) BETWEEN SRI CHIKKARANGAIAH S/O SRI HALERANGAIAH, AGED ABOUT 67 YEARS, AGRICULTURIST, R/O JADENAHALLI VILLAGE, BANNIKUPPE DHAKLE, BIDADI HOBLI, RAMANAGARAM TALUK & DISTRICT-571 511. ... PETITIONER (BY SRI N SUBBA SHASTRY, ADVOCATE) AND 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, M.S.BUILDING, DR.AMBEDKAR ROAD BANGALORE-560001, REPRSENTED BY ITS PRINCIPAL SECRETARY.
2. THE ASSISTANT COMMISSIONER RAMANAGARAM SUB-DIVISION, RAMANAGARAM- 571 511.
3. THE TAHSILDAR RAMANAGARAM TALUK, RAMANAGARAM-571 511. ... RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 TO R3) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DT.18.8.2011 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE IN APPEAL NO.690/2008 VIDE ANNEXURE- G & CONSEQUENTILY QUASH THE ORDER DT.27.7.2007 PASSED BY THE ASST. COMMISSIONER, RAMANAGARA SUB-DIVISION RAMANAGARA THE RESPONDENT NO.2 VIDE ANNEXURE-H AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is impugning the order of Karnataka Appellate Tribunal dated 18.08.2011 in Appeal No.690/2008. Also the order of respondent No.2-Assistant Commissioner of Ramanagara Sub-Division, Ramanagara, dated 27.07.2007 in proceedings No.LRF (79) 9/1999-2000.
2. The proceedings before respondent No.2- Assistant Commissioner of Ramanagara Sub-Division, was initiated by the Tahsildar of Ramanagara Taluk in LRF(79) 9/99-00. In the said proceedings he would contend that the petitioner herein had purchased agricultural land bearing Sy.No.122/1 measuring 3 acres 17 guntas in Bannikuppe village, Bidadi Hobli, Ramanagaram Taluk, under a registered sale deed 13.02.1995, in violation of the provisions of 79A and 79B of the Karnataka Land Reforms Act, 1974 (for short ‘Act’). The said proceeding came to be disposed off by order dated 27.07.2007. In the said proceedings, it was ordered for confiscation of aforesaid extent of land in favour of State.
3. The said order was admittedly challenged by the purchaser Chikkarangaiah before the KAT in Appeal No.690/2008, which also came to be dismissed by judgment dated 18.08.2011 in confirming the order of the Assistant Commissioner for confiscating of land. Against these two orders, the petitioner has come up in this writ petition.
4. This day, the learned counsel for the petitioner has filed a memo along with two RTCs in respect of Sy.No.120/2 and 121/6 where the name of the Village, Hobli and Taluk are not mentioned. He would contend that his family owned aforesaid agricultural lands prior to the date of purchase of land in question by him on 13.02.1995. However, learned AGA would submit that the correctness or otherwise of the said RTCs cannot be considered in this proceedings and the same will have to be looked into by the Competent Authority after securing the original records from the office of the Tahsildar of Ramanagaram Taluk. That thereafter he would be in a position to take decision regarding accepting the sale transaction in favour of the petitioner. Therefore, learned AGA would submit that this matter may be remanded back to the office of the Assistant Commissioner for reconsideration.
5. He would further state if these two documents were made available before the Assistant Commissioner and as well as Karnataka Appellate Tribunal when the earlier proceedings were pending long time, they would have considered the same. However, this Court is of the considered opinion that the correctness of these two documents which are now produced along with the memo cannot be considered in this proceedings. The correctness or otherwise of the RTCs will have to be looked into by the Assistant Commissioner (competent authority), Ramanagaram Sub-Division, Ramangara, under Section 79(A) and 79(B) of the Act and thereafter he has to take a decision to hold whether the petitioner herein was an agriculturist as on the date of purchase of the land in question in this proceedings.
6. For the said purpose, the judgment rendered by the KAT in Appeal No.690/2008 dated 18.08.2011 and as well as the order of the Assistant Commissioner, Ramanagara Sub-Division dated 27.07.2007 in LRF (79) 9/99-00 are hereby set aside and the matter is remanded back to the Assistant Commissioner, Ramanagaram Sub-Division, Ramanagara, to consider the same afresh in the light of two RTCs which are now produced by the petitioner with reference to land bearing Sy.Nos.120/2 and 121/6 where the name of the Village, Hobli and Taluk of the said lands are not being mentioned and the same should be looked into, also to take into consideration the proof of income of the petitioner at the relevant point of time. With the above said observations, this writ petition is disposed of.
Sd/- JUDGE TL