IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.27800 OF 2019 (KLR-LG) BETWEEN:
SRI. M. RAMACHANDRAPPA, S/O. LATE MUNISWAMAPPA, AGED ABOUT 65 YEARS, R/AT CHIKKANAGAMANGALA VILLAGE, HUSKUR POST, SARJAPURA HOBLI, ANEKAL TALUK-562 106, BENGALURU URBAN DISTRICT. ... PETITIONER (BY SRI.V.F.KUMBAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M.S. BUILDING, DR.AMBEDKAR VEEDHI, BENGALURU-560 001, REPRESENTED BY ITS PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BENGALURU-560 009.
3. THE ASSISTANT COMMISSIONER, BENGALURU SOUTH SUB-DIVISION, BENGALURU KANDAYA BHAVAN, K.G.ROAD, BENGALURU-560 009.
4. THE TAHASILDAR, ANEKAL TALUK, ANEKAL-562 106, BENGALURU URBAN DISTRICT.
5. THE RAJEEV GANDHI RURAL HOUSING CORPORATION LTD., 9TH FLOOR, KAVERI BHAVAN C & F BLOCK, K.G. ROAD, BENGALURU-560 009, REPRESENTED BY ITS MANAGING DIRECTOR/ COMMISSIONER. ... RESPONDENTS (BY SRI.VENKATESH DODDERI, AGA FOR R1-R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-2 DATED 24.05.2018 GRANTING THE LAND BEARING SY.NO.67, MEASURING 2.00 ACRES OF GULIMANGALA VILLAGE, SARJAPURA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT, IN FAVOUR OF R-5 VIDE ANNX-E, SO FAR AS PETITIONERS LAND IS CONCERNED.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is impugning the order passed by the 2nd respondent in LND (G) CR/72/2017-18 dated 24.5.2018 (Annexure-E) wherein a recommendation is made for grant of land to an extent of 582 acres 39 guntas, which are spread over in several villages referred to in part Nos.1 and 2 of preamble to the said order, where the Government gomal land particulars are furnished to consider the same for grant in favour of the 5th respondent-Rajeev Gandhi Rural Housing Corporation Limited for construction of more than one lakh houses for persons belonging to economically weaker section. In the said list, part-1 contains a list of 67 villages and part-2 contains a list of 22 villages. At Sl. No.66 of part-1, the name of Goolimangala village, Sarjapur Hobli, Anekal Taluk is mentioned wherein 2 acres in Sy. No. 67 of the said village is considered for grant in favour of the aforesaid Corporation. It is this order which is sought to be challenged in this proceeding on the ground that the petitioner is the owner of the aforesaid land on the basis of land grant which was made in his favour.
2. Admittedly, the petitioner is not in a position to demonstrate his grant with reference to the order of grant or grant certificate, if any, issued in his favour. Instead, he has tried to rely upon extract of saguvali chit distribution register of the year 1940-41 indicating that at Sl. No.12 in proceeding SD 35/41-42, the said 2 acres in Sy. No.67 of Goolimangala village was considered for his father Muishamappa and pursuant to this, his father was in possession and enjoyment of the said two acres. Thereafter, after the demise of his father, the name of petitioner was mutated in MR.5/84-85. The petitioner has been in possession and enjoyment of the said property.
3. This Court on 4.7.2019 had issued emergent notice to respondent No.5 and also by issuing notice, called upon the learned AGA to secure original records regarding the alleged grant of land to the petitioner’s father. In this background, the original of Annexure-A saguvali chit distribution register of 1940-41 is produced before this Court wherein it clearly indicates that the name of petitioner’s father was inserted in the said register at some unknown point of time indicating that he was granted 2 acres of land. The same was inserted without reference to any order passed in his favour. Learned counsel for the petitioner is amazed on seeing the original register and is not in a position to say as to how the insertion was made. There was no proceeding that has taken place at any point of time for considering the alleged grant of land in Sy. No.67 of Goolimangala village in favour of petitioner’s father or in favour of the petitioner. Therefore, the name of petitioner, which is shown in all other records, is pursuant to the insertion made to this document, which is the original of Annexure-A.
4. After going through the same, this Court is of the considered opinion that no grounds are made out by the petitioner to seek an order in the form of writ of certiorari to quash the order at Annexure-E passed by the 2nd respondent to consider the grant of land to an extent of 582 acres 39 guntas in favour of the 5th respondent namely the Raajeev Gandhi Rural Housing Corporation Limited, in whose favour the land in Sy. No.67 which is claimed by petitioner is considered. In that view of the matter, while dismissing the writ petition, this Court would observe that the said extent of land shall be immediately recovered from the petitioner and delivered to the 5th respondent without any further delay.
Writ petition is dismissed accordingly.
Sd/- JUDGE Cs/-