IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NO.33087 OF 2012 (KLR-RR/SUR) BETWEEN:
SRI M KATAPPA S/O LATE MUNIVENKATAPPA AGED ABOUT 48 YEARS R/O BAGALUR VILLAGE JALA HOBLI BANGALORE NORTH (ADDL.) TALUK (BY SRI. T. V. ANJANAPPA, ADV.) AND THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH AND NORTH (ADDL) TALUK K.G. ROAD, BANGALORE-09 ... PETITIONER ... RESPONDENT (BY SRI. T. S. MAHANGESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE CASE FILE ON THE FILE OF LEARNED RESPONDENT AND SET ASIDE THE IMPUGNED ORDER DATED 27.3.12 VIDE ANNX- A IN RESPECT OF SY NO.177/P-59 OF BAGALUR VILLAGE AND DIRECT THE RESPONDENT TO CONDUCT A FRESH ENQUIRY GIVING OPPORTUNITY TO PETITIONER.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking to quash the order dated 27.03.2012 passed by the Special Deputy Commissioner in proceedings No.RRT (2) N(A) CR 171/2009-10 where the said authority who is the sole respondent in this proceedings, has cancelled all the revenue entries standing in the name of the petitioner to an extent of one acre in Sy.No.17/P-59 in Bagalur Village, Jala Hobli, Bangalore North (Addl.) Taluk.
2. The petitioner herein is impugning the aforesaid order relying upon the official memorandum issued in No.B.DIS.LND.SR.102/80-81 dated 07.12.1981 on the file of the office of the Tahsildar, Devanahalli Taluk, Devanahalli, wherein his mother was granted one acre of land in Sy.No.177 of Bagalur Village, Jala Hobli, of the then Devanahalli Taluk. According to him, saaguvalli chit for grant of one acre of land in favour of his mother was issued and pursuant to that, khatha was also registered in the name of his mother which was subsequently mutated to his name.
3. Thereafter, on the basis of a communication from the Tahsildar of Bangalore North (Addl.) Taluk vide letter No. LND.CR/136(3) 1379/08-09 dated 27.12.2008, proceedings were initiated before the sole respondent herein under Section 136(3). In the said proceedings after verifying the original records available in the office of the Tahsildar, also considering non- production of saaguvalli chit for grant of one acre of land in the name of petitioner’s mother and supportive documents thereon, the respondent herein passed the order impugned directing the authorities to cancel all the revenue entries standing in the name of the petitioner in respect of land bearing Sy.No.177/P-59 of Bagalur Village, Jala Hobli, Bangalore North (Addl.) Taluk to an extent of one acre.
4. When this matter had come up for consideration on earlier date of hearing, the learned AGA was called upon to secure all the original documents pertaining to this property. Accordingly the original records available in the office of the Tahsildar regarding alleged grant are produced this day. After going through the same, it is observed that though the petitioner claim that his mother was granted one acre of land in proceedings No.B.DIS.LND.SR. 102/80-81 dated 07.12.1981, the order on which he would rely upon vide Annexure-B, would indicate that the same has been approved on 27.12.1999 ie., after 18 years of date of proceedings, which is difficult to believe. Further when other documents are looked into, the records maintained in the office of the Tahsildar, Bangalore North (Addl.) Taluk would clearly indicate that there are no records to show such grant in favour of petitioner’s mother. That there is no reference to saaguvalli chit being issued.
5. However, the petitioner in this proceedings has prayed to rely upon the xerox copy of saaguvalli chit distribution register extract where he would claim that his mother’s name is registered at Sl.No.114. When the said book is secured, the said book pertains to grant of land in Tarahunase Village and the grant which the petitioner is claiming in the name of his mother is with reference to Bagalur Village of Jala Hobli. Therefore by no stretch of imagination, an entry with reference to issuance of saaguvalli chit to petitioner’s mother for land situated in Bagalur Village could be entered in the register maintained in respect of Tarahunase Village. Coming to the said entry, it is seen that the previous four entries are corrected and in respect of the entry at Sl.No.110, there is insertion of letter (A) and thereafter Sl.No.111 is tampered as 110, Sl.No.112 is tampered as 111, Sl.No.113 is tampered as 112, Sl.No.114 is tampered as 113, and in an open space which is available in the next page, the name of petitioner’s mother is inserted as Sl.No.114, as if the said entry was there from the beginning.
6. On careful consideration of these two pages, a copy of which is produced by the learned AGA this day along with a memo, would clearly indicate that there is an attempt to manipulate the record in such a way to show saaguvalli chit was issued in favour of petitioner’s mother with reference to alleged grant of one acre in Bagalur Village of Jala Hobli which is not supported by any other original documents available in the office of the Tahsildar of Bangalore North (Addl.) Taluk. With this, it is clearly seen that the petitioner herein is trying to stake claim for non-existing grant which is rightly seen by the sole respondent in the proceedings initiated before him in No.RRT (2) N(A) CR 171/2009-10 where he has rightly appreciated the material available on record and passed an order directing cancellation of all the revenue entries in the name of the petitioner with reference to land bearing Sy.No.177/P-59 of Bagalur Village, Jala Hobli, Bangalore North (Addl.) Taluk which appears to be correct and does not call for interference in this writ petition. Accordingly this writ petition is dismissed.
Sd/- Judge RD