IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.233/2018 (KLR-RES) BETWEEN SRI DODDABORAIAH S/O LATE PANCHAMAIAH AGED ABOUT 80 YEARS RESIDING AT HOSAPETTE MAGADI TOWN-562120 ... PETITIONER (BY SRI H V DEVARAJU, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY (REVENUE) VIDHANA SOUDHA B R AMBEDKAR VEEDI BENGALURU-560 001 2. THE DEPUTY DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER RAMANAGARA RAMANAGARA DISTIRCT-562159 3. THE ASSISTANT DIRECTOR OF LAND RECORDS OFFICE OF THE DEPUTY COMMISSIONER RAMANAGARA RAMANAGARA DISTIRCT-562159 4. THE TALUK SURVEYOR OFFICE OF THE SURVEY DEPARTMENT, MAGADI TALUK OFFICE MAGADI RAMANAGARA DISTRICT-562120 ... RESPONDENTS (BY SRI VENKATESH DODDERI, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR CONNECTED RECORDS ANNEXURE-P DTD 23-25/01/2016 AND QUASH ANNEXURE-P DTD 23-25/01/2016 ON THE FILE OF THE 2nd RESPONDENT.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is impugning the order dated 23/25.01.2016 in proceedings No. bhoo.taam.sa/thiddupadi(maa)/331/2015-16 passed by the second respondent – Deputy Director of Land Records (Technical Assistant to the Deputy Commissioner and ex- officio Deputy Director of Land Records), office of Deputy Commissioner, Ramanagara District, Ramanagara. Petitioner has also sought direction to the respondents to consider his representation dated 11.08.2016 vide Annexure ‘Q’ to the petition in the light of mahazar (Annexure ‘S’ to the petition) and the report (Annexure ‘T’ to the petition) submitted by the Land Surveyor, Magadi Taluk.
2. This writ petition is by the grantee of 01 Acre of land in Sy. No.26 of the said Melanahalli village. According to the petitioner, the land bearing Sy. No.26 measures in all 05 Acres 17 guntas. Out of that, 01 Acre 24 guntas of land is shown as ‘A’ kharab in the extract of RTC., and the remaining 03 Acres 33 guntas is shown as Ain land / cultivable land. It is stated that the said land originally belonged to one Mr. Mohamad Kasim Sab under whom the petitioner and one Mudalagiriaiah were tenants. After the death of Mr. Mohamad Kasim Sab, the petitioner and the said Mudalagiriaiah continued as tenants under his children, namely, Mr. Abdul Zasir and Mr. Mohamad Gouse. It is further stated that the petitioner and the said Mudalagiriaiah filed applications in Form No.7 seeking conferment of occupancy rights pursuant to which, proceedings in No. LRF(R).9/83-84 came to be registered before the Land Tribunal. The Land Tribunal after conducting enquiry, by its order dated 13.05.1986 (Annexure ‘D’ to the petition), conferred occupancy rights in respect of: 01 Acre of land in Sy. No.26 in favour of the petitioner and 02 Acres 33 guntas in the said survey number in favour of Mudalagiriaiah.
3. According to the petitioner, he is the owner in possession of land measuring to an extent of 01 Acre together with ‘A’ kharab land measuring to an extent of 01 Acre 18 guntas in Sy. No.26/2. The grievance of the petitioner is that the second respondent has passed the impugned order on the basis of the recommendation of the Assistant Director of Land Records, Ramangara sub-division, Ramanagara, dated 05.01.2016 and has shifted the land measuring to an extent of 01 Acre 18 guntas from ‘A’ kharab to ‘B’ kharab without any basis and without issuing notice to him.
4. When the matter stood thus, the petitioner would state that he approached the fourth respondent – Taluka Surveyor to get the land surveyed. On enquiry, he learnt about the impugned order passed by the second respondent and thereafter, he gave representation to the Taluka Surveyor on 11.08.2016 (Annexure ‘Q’ to the petition) to consider shifting of 01 Acre 18 guntas of land in Sy. No.26/2 from ‘B’ kharab to ‘A’ kharab as it stood earlier. The petitioner is relying upon the mahazar (Annexure ‘S’ to the petition) drawn in the presence of his son, Sri Mahesh, by the Land Surveyor and survey sketch and report (Annexure ‘T’ to the petition) submitted by the Land Surveyor, wherein it is stated that the applicant – Doddaboraiah was cultivating the entire extent of land in Sy. No.26/2 except the halla kharab. It is in this background, this Writ Petition is filed.
5. Heard the learned counsel for the petitioner and learned Additional Government Advocate for respondents. Perused the material on record.
6. When this matter is taken up for consideration, Sri G. Umesh, Assistant Director of Land Records, Ramanagara District, who is present before this Court, submits that he would redo the classification of the petition schedule land after issuing notice to the petitioner and other concerned persons.
7. Placing the said submission of Assistant Director of Land Records, this writ petition is allowed and the order dated 23/25.01.2016 vide Annexure ‘P’ to the petition passed by the second respondent - Technical Assistant to the Deputy Commissioner and ex-officio Deputy Director of Land Records, office of the Deputy Commissioner, Ramanagara District, Ramanagara, is hereby set aside. The matter is remanded to the second respondent with direction to redo the classification in respect of the petition schedule land after issuing notice to the petitioner.
8. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma