IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.47674-47676/2018 (KLR-RES) BETWEEN:
1. SRI MUNIYAPPA S/O LATE DODDASONNAPPA AGED ABOUT 68 YEARS R/O CHIKKAHALLURU VILLAGE HOSAKOTE TALUK- 562 114 2. SMT.MUNIYAMMA W/O BYANNA, D/O OF DODDASONNAPPA AGED ABOUT 65 YEARS R/O DODDAHALLURU VILLAGE HOSAKOTE TALUK- 562 114 BENGALURU RURAL DISTRICT 3. SRI ANJANAPPA S/O LATE DODDASONNAPPA AGED ABOUT 47 YEARS R/O CHIKKAHALLURU VILLAGE HOSAKOTE TALUK- 562 114 BENGALURU RURAL DISTRICT ... PETITIONERS (BY SRI KESHAV R AGNIHOTRI , ADVOCATE) AND 1. THE STATE OF KARNATAKA BY ITS SECRETARY THE DEPARTMENT OF REVENUE MS BUILDINGS DR.AMBEDKAR VEEDHI BENGALURU- 560 001 2. THE ASSISTANT COMMISSIONER DODDABALLAPUR SUB-DIVISION DODDABALLAPUR- 561 203 3. THE TAHASILDAR HOSAKOTE TALUK- 562 114 BENGALURU RURAL DISTRICT. .. RESPONDENTS (BY SRI VENKATESH DODDERI H, AGA.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, AND PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE RECORDS IN THE CASE NO. LND RUC (A) 08/2016-17 ON THE FILE OF THE RESPONDENT NO.2 THE ASSISTANT COMMISSIONER, DODDABALLAPUR SUB-DIVISION, DODDABALLAPUR VIDE ANNEXURE-T AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Respondent Nos.7 to 9 in LND RUC(A)08/2016-17 on the file of the second respondent – Assistant Commissioner, Doddaballapur, have come up in this proceeding impugning the order dated 21.02.2018 passed in the aforesaid proceedings.
2. Admittedly the said proceedings is initiated pursuant to a communication received from the third respondent – Tahsildar vide Annexure “N” in proceedings No.LNDCR.98/2016-17 dated 20.06.2016, wherein the third respondent – Tahsildar would indicate that with reference to land bearing Sy.No.72 of Chokkahalli, Kasaba Hobli, Hoskote Taluk an extent of 18 acres 35 guntas which is classified as Government Kharab/Gundutopu is subject matter of falsification of records. It is also stated by him that though the said land is not granted to any persons in the year 1998- 99, names of certain persons are included in the pahani of the said year as if they are the beneficiaries of grant of said land. It is in this background a recommendation is communicated by him to the 2nd respondent - Assistant Commissioner to initiate proceedings regarding certain entries seen in the revenue records by issuing notice to persons whose names are shown in the said register.
3. It is in this background the proceedings at Annexure-J is initiated and an order is passed in quashing the revenue entries which are entered in the names of respondents 1 to 10 in the said proceedings with reference to an extent of 18 acres 35 guntas in Sy. No. 72 which is sought to be challenged in this proceedings by relying upon the head note to the order dated 21.02.2018 on the premise that this entire proceeding is initiated under Rule 108(K) of the Karnataka Land Revenue Rules, 1966.
4. When the order impugWned with reference to Annexure-N is looked into, it is seen that on verification of records the authority has ascertained that there is no reference to any grant being made in favour of respondents in the said proceedings in any portion of land bearing Sy. No. 72 of Chokkanahalli Village. It is also observed from the records that the said land is Government kharab, that certain wrongful entries are made in the revenue records indicating as if the said land is granted in favour of respondents 1 to 10. Hence the order passed in the said proceedings, quashing the said fake order, appears to be just and proper.
5. Admittedly, that the said order is under Rule 108(k) of Land Revenue Rules. Therefore the correctness or otherwise is required to be challenged before the Deputy Commissioner by filing appeal under Section 49 of the Land Revenue Act, 1964 and the same cannot be taken up in challenge in these writ petitions. Accordingly these writ petitions are dismissed as it is premature in nature.
Sd/- JUDGE brn