IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.5063 OF 2018 (KLR-RES) BETWEEN:
SRI. GURUSIDDAIAH S/O LATE SRI. CHAMAIAH AGED ABOUT 56 YEARS, R/O KALLAHALLI VILLAGE KASABA HOBLI, CHAMARAJANAGARA TALUK AND DISTRICT-571 313 ... PETITIONER (BY SRI.K ABHINAV ANAND, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY TO GOVERNMENT (LAND GRANTS) REVENUE DEPARTMENT M.S.BUILDING BENGALURU-560 001.
2. THE DEPUTY COMMISSIONER CHAMARAJANAGARA DISTRICT CHAMARAJANAGARA-571313.
3. THE ASST. COMMISSIONER CHAMARAJANAGARA SUB-DIVISION HEARD QUARTER AT KOLLEGALA CHAMARAJANAGARA DISTRICT-571313.
4. THE TAHSILDAR CHAMARAJANAGARA TALUK CHAMARAJANAGARA DISTRICT-571 313.
5. THE SPECIAL LAND ACQUISITION OFFICER KARNATAKA INDUSTRIAL AREA DEVELOPMENT BOARD, KIADB ZONAL OFFICE, METAGALLI INDUSTRIAL AREA, K.R.S.ROAD (NEAR VIKRANTH TYRES) MYSORE-57001.
... RESPONDENTS (BY SRI.VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ENDORSEMENT DATED 13.09.2017 IN NO.RRT.CR.239/2017-18 ISSUED BY THE LEARNED 4TH RESPONDENT PRODUCED AT ANNEXURE-F AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING.
ORDER The petitioner herein is impugning the endorsement bearing No.RRT.CR.239/17-18 dated 13.09.2017 (Annexure ‘F’ to the petition) issued by respondent No.4 - Tahasildar, Chamarajanagara Taluk. By the said endorsement, the prayer of the petitioner to mutate an extent of 04 Acres in Sy. No.119 situate in Kellamballi village, kasaba hobli, Chamarajanagara Taluk, in his favour on the basis of survivorship has been rejected.
2. According to the petitioner, the land measuring to an extent of 04 Acres 09 guntas in Sy. No.119 was granted to his father, Sri Chamaiah, by Amildar of Chamarajanagara Taluk, under saguvali chit dated 01.10.1926, photocopy of which is produced at Annexure ‘A’ to the petition.
3. When this matter was taken up for consideration on 15.02.2019, the original saguvali chit was produced by learned counsel for the petitioner for perusal of this Court as well as learned Additional Government Advocate, Sri Venkatesh Dodderi. On that day, learned Additional Government Advocate tried to bring to the notice of this Court that the extent of land referred to in the said document is hangami (provisional). However, when the saguvali chit was looked into, it was noticed that the same was of the year 1926 and though the extent of the land was shown as hangami, it did not refer to hangami grant as wrongly stated by Tahasildar in his endorsement, which is impugned in this proceedings. Hence, learned Additional Government Advocate was directed to keep respondent No.4 – Tahasildar, Chamarajanagara Taluk, present before this Court on 18.02.2019.
5. On the previous date of hearing, i.e., on 18.02.2019, the Tahasildar of Chamarajanagar Taluk, was present before this Court pursuant to the direction issued by this Court. When the original saguvali chit issued in favour of the petitioner’s father was shown to him, he accepted the mistake on his part in issuing the impugned endorsement. On that day, this Court directed the fourth respondent to file an affidavit in explaining the circumstances under which he had issued the impugned endorsement and adjourned the matter to today.
6. Today, respondent No.4 – Sri K. Purandar, Tahasildar, who is present before the Court, submitted that the report filed by the Revenue Inspector does not tally with the contents of the original saguvali chit. He does concede that the saguvali chit does not refer to hangami grant. However, the fact that the land in question being registered in the name of petitioner’s father is not denied by him. He would submit that the impugned endorsement issued by him is erroneous and apologizes for the same. He would undertake to effect change of katha in the name of the petitioner in respect of the land in question by initiating IHT proceedings. He also submits that he would complete the same within six months from today. He further submits that he has filed an affidavit to the said effect.
7. The aforesaid submission of respondent No.4 - Tahasildar is placed on record and the affidavit filed by him is taken on record.
8. Respondent No.4 - Sri K.Purandar, Tahasildar, who is present before the Court, is directed to affix his signature to the order sheet in this petition in confirmation of his presence before this Court, which shall be identified by the learned Additional Government Advocate.
9. It is also seen that the land in question is already acquired by the Karnataka Industrial Area Development Board. In this background, it is clear that there is an attempt on the part of respondent No.4 - Tahasildar to deny the legitimate right of the petitioner to get himself impleaded as khatedar of the land in question in his capacity as the legal heir of his father, Chamaiah, who is referred to as Chamaiah belonging to ‘Adi Karnataka’ caste in the saguvali chit.
10. In that view of the matter, this Court is of the considered opinion that the impugned endorsement issued by respondent No.4 is with mala fide intention and it is not after considering the material available on record.
11. Accordingly, this Writ Petition is allowed. The endorsement dated 13.09.2017 (vide Annexure ‘F’ to the petition) issued by respondent No.4 – Tahasildar, Chamarajanagara Taluk, is hereby quashed. Respondent No.4 is directed to ensure that the mutation entry in respect of the land measuring to an extent of 04 Acres 09 guntas in Sy. No.119 situate in Kellamballi village, kasaba hobli, Chamarajanagara Taluk and District, is effected in the name of the petitioner at the earliest i.e., within 60 days from the date of receipt of a copy of this order.
12. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma/Prs*