IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.52411/2018(LR-SEC 48-A) BETWEEN 1. SRI G M BYRAPPA S/O LATE CHIKKAMUNISWMAPPA @ MUNISWAMAPPA @ GULLAPPA AGED ABOUT 70 YEARS 2. SRI THAMMANNA S/O LATE CHIKKAMUNISWMAPPA @ MUNISWAMAPPA @ GULLAPPA AGED ABOUT 68 YEARS, 3. SRI MUNISWAMAPPA S/O LATE CHIKKAMUNISWMAPPA @ MUNISWAMAPPA @ GULLAPPA AGED ABOUT 66 YEARS, 4. SRI NARASIMHAIAH S/O LATE CHIKKAMUNISWMAPPA @ MUNISWAMAPPA @ GULLAPPA AGED ABOUT 60 YEARS, ALL ARE RESIDING AT UPPARAHALLI VILLAGE KASABA HOBLI HOSAKOTE TALUK BENGALURU RURAL DISTRICT – 562 114. ... PETITIONERS (BY SRI SHIVANNA A G, ADVOCATE) AND 1. THE STATE OF KARNATAKA REVENUE SECRETARY, VIDHANASOUDHA BENGALURU - 560 001.
2. THE LAND TRIBUNAL HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562 114 3. THE TAHASILDAR/SECRETARY HOSAKOTE TALUK BENGALURU RURAL DISTRICT-562 114 ... RESPONDENTS (BY SRI B.S.BUDIHAL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND AND 3RD RESPONDENTS TO ISSUE OCCUPANCY CERTIFICATE INFAVOUR OF PETITIONERS AS PER THE ORDER PASSED BY DIVISION BENCH OF THIS HON'BLE COURT DTD 18.09.2012 IN W.A.NO.1283/2008 (KLRA) VIDE ANNEXURE-A IN ACCORDANCE WITH LAW. IF NECESSARY BY DIRECTING THE STATE GOVERNMENT TO CONSTITUTE THE LAND TRIBUNAL AS REQUIRED UNDER SECTION 48 OF THE KARNATAKA LAND REFORMS ACT 1961 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein were claimants before the Land Tribunal, Hosakote, in proceedings bearing No.LRF(K)UP:124/1975-76, wherein they sought for grant of occupancy right in respect of land bearing Nos.51 and 54 of Upparahalli village, Hosakote Taluk, measuring to an extent of 25 guntas and 35 guntas respectively.
2. It is stated that in the aforesaid proceedings the Land Tribunal considered grant only in respect of 25 guntas of land in Sy.No.51 and in so far as Sy.No.54 is concerned, it is rejected. The said order was subject of matter challenge before this Court in WP.No.29069/2001, which came to be dismissed by order dated 30.5.2008. Thereafter, the petitioners have preferred an appeal in WA.No.1283/2008. The said appeal was allowed on 18.9.2012, wherein at paragraph 9 the Division Bench of this Court has observed as under:
“9. In the result, the appeal is allowed. The order of the Land Tribunal is modified holding that the appellants are also entitled for grant of Occupancy Rights in respect of Sy.No.54 measuring 35 guntas of land in Upparahalli village of Hosakote Taluk. Accordingly a direction is issued to the tribunal to confirm the occupancy rights in respect of 35 guntas of land in Sy.No.54 of Upparahalli village.”
3. It is the grievance of the petitioners that the said judgment of the Division Bench is not implemented by the Tahsildar of Hosakote Taluk. Therefore, they have come up in the present writ petition.
4. When this matter had come up on 5.3.2019, this Court directed the presence of Tahsildar of Hosakote Taluk to enquire as to why the order of the Division Bench is not given effect to by him when admittedly, he is the Secretary of the Land Tribunal. Accordingly, the Tahsildar is present before this Court and represented through learned HCGP. He would represent before this Court that in terms of the judgment of the Division Bench, his responsibility is to place the judgment of the Division Bench before the Tribunal to modify its earlier order in granting 25 guntas of land in Sy.No.51 to include grant of 35 guntas of land in Sy.No.54 also.
5. However, the said submission of Tahsildar is misplaced in as much as the Division Bench in its judgment has clearly clarified that the appeal filed by the petitioners is allowed in accepting their claim for 35 guntas of land in Sy.No.54 also, which is an executive work required to be attended to by the Secretary of the Land Tribunal, namely Tahsildar. Therefore, there is no need for him to wait for reconsideration of the matter by the Tribunal thereafter, to get approval from it for the purpose of issuance of Form No.10 to an extent of 35 guntas of land in Sy.No.54 to the petitioners. In fact, judgment of the Division Bench dated 18.9.2012 itself is modification of the earlier order of the Tribunal in considering the prayer of the petitioners not only for Sy.No.51 but also for Sy.No.54. When once that is decided, what requires is only formality of issuing Form No.10, which shall be done by the Tahsildar, who is the Secretary of Land Tribunal.
6. Accordingly, this writ petition is allowed.
Sri.Ramesh K, the Tahsildar of Hosakote Taluk, who is present before the Court is instructed by this Court to ensure that within one week from the date of payment of premium amount by the petitioners he shall issue Form No.10 to the petitioners in terms of the judgment passed by the Division Bench of this Court in WA.No.1283/2008, disposed of on 18.9.2012.
Sd/- JUDGE nd/-