IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.27013/2018 & 27662-27663/2018 (KLR-RR/SUR) BETWEEN SRI K.V. NAIDU S/O K. CHINNAPPA NAIDU AGED ABOUT 47 YEARS, R/AT NO.13, 4TH CROSS GOWDARA COLONY, 1ST MAIN ROAD, R M V 2ND STAGE, DOLLARS COLONY BENGALURU- 560094 ... PETITIONER (BY SRI P N NANJA REDDY, ADVOCATE) AND 1. DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, K G ROAD BENGALURU – 560 009 2. THE TAHASILDAR BENGALURU NORTH (ADDL) TALUK, YELLAHANKA, BENGALURU -560064. ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT RESPONDENTS TO DELETE THE ENCUMBRANCE AT COLUMN NO. 11 OF RTC AND PAHANI IN RESPECT OF THE LAND BEARING SY.NO.59, 60 AND 61 OF CHIKKBETTAHALLI VILLAGE, YELAHANKA HOBLI, BENGALURU NORTH TALUK IN ALL MEASURING 5 ACRES 10 GUNTAS AND MAINTAIN NIL ENCUMBRANCE AS PER ANNEXURE-E DATED 15.2.2012 ISSUED BY 1ST RESPONDENT.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is seeking a writ of mandamus to respondents to delete the encumbrance at Column No.11 of RTC and Pahani in respect of land bearing Sy.No.59, 60 and 61 of Chikkabettanahalli village, Yelahanka Hobli, Bengaluru North Taluk, measuring to an extent of 5 acres 10 guntas.
2. In this proceedings a memo is filed by the learned Additional Government Advocate along with an endorsement dated 11.7.2018 on the file of Tahsildar, Yelahanka Taluk, Bengaluru, wherein it is stated that in 66 proceedings about 334 unauthorized cultivators have created documents in respect of 560.37 acres/guntas and got the katha of said extent of land made in their favour. Therefore, all the transactions with reference to aforesaid lands are shown as suspended in column No.11 in Bhoomi Software, wherein it is stated that said lands are Government lands and the title of said lands are in dispute. Hence, no encumbrance should be created on the lands in question pursuant to the order of the Deputy Commissioner dated 26.2.2013 in proceedings bearing No.RK.725/2011.
3. In the light of aforesaid endorsement question of considering these writ petitions for granting mandamus as stated supra cannot be considered. Accordingly, these writ petitions are disposed of reserving liberty to the petitioner to approach the authorities along with the documents available with him to demonstrate that the land standing in his name is not involved in the fraudulent transaction referred to in the endorsement.
Learned Additional Government Advocate is permitted to file memo of appearance within two weeks from today.
nd/-
Sd/- JUDGE