IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.2345/2019(KLR-RES) BETWEEN SRI MUTHURAYAPPA S/O LAKSHMI NARASIMHAIAH AGED ABOUT 64 YEARS RESIDENT OF BELAGUMBA VILLAGE KASABA HOBLI TUMKUR TALUK TUMKUR DSITRICT-572 101 ... PETITIONER (BY SRI V B SIDDARAMAIAH, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE MULTISTORIED BUILDINGS DR B R AMBEDKAR VEEDHI BENGALURU-560 001 2. THE DEPUTY COMMISSIONER TUMKUR DISTRICT MINI VIDHANA SOUDHA Dr. B R AMBEDKAR ROAD TUMKUR-572 101 3. THE TAHSILDAR TUMKUR TLAUK TALUK OFFICE TUMKUR-572 101 TUMKUR DISTRICT ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT, THE TAHASILDAR, TUMKUR TALUK, TUMKUR DISTRICT, TO CONSIDER THE REPRESENTATION, DATED 29.10.2018 FILED BY THE PETITIONER VIDE "ANNEXURE-F" TO THE PETITION AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is seeking direction to respondent No.3, namely, Tahasildar of Tumakuru Taluk and District, to consider his representation dated 29.10.2018 (Annexure ‘F’ to the petition) for change of khata of the land measuring to an extent of 20 guntas in Sy. No.62 of Belagumba village, kasaba hobli, Tumakuru District.
2. It is stated that the land in Sy. No.62 of Belagumba village was Talawarke inamthi land and Sri Muddaranganayaka was the Barabardar of the said land. The material on record would indicate that land measuring to an extent of 20 guntas in Sy. No.62 was purchased by Sri Lakshminarasaiah / Lakshmi Narasimhaiah, the father of the petitioner herein, from Smt.Obakka, the wife of Barabardar Muddaranganayaka under registered sale deed 28.06.1971. It is further stated owing to the fact that khata in respect of the said land was not registered in his name, the petitioner’s father filed an appeal in RRT(A)(Tu)CR.63/2015-16 under Section 25(1) of the Karnataka Land Revenue Act, 1964, before the Assistant Commissioner, Tumakuru sub-division. The Assistant Commissioner after considering the documents produced by the appellant – Lakshminarasaiah, by his order dated 29.07.2015 (Annexure ‘B’ to the petition), allowed the said appeal and directed respondent No.3 herein - Tahasildar, Tumakuru Taluk, to consider registering the name of the petitioner’s father in the revenue records.
3. The grievance of the petitioner is that in spite of the said order passed by Assistant Commissioner, the third respondent had not taken any action to transfer the khata of the said land in the name of petitioner’s father. It is stated that petitioner’s father during his lifetime gave representation dated 12.12.2016 (Annexure ‘C’ to the petition) to the Assistant Commissioner seeking transfer of khata in his name and after the death of his father, the petitioner has given representation dated 29.10.2018 vide Annexure ‘F’ to the petition to the Principal Secretary, Department of Revenue, Assistant Commissioner, Tumakuru sub-division and Tahasildar, Tumakuru District. Since no action is taken by the respondents on the said representation/s, the petitioner is before this Court.
4. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondents. Perused the material on record.
5. In this petition, this Court by order dated 25.03.2019, had directed Tahasildar, Tumakuru Taluk, to appear before this Court along with the relevant documents pertaining to the said land in Sy. No.62 of Belagumba village. Today, Sri K.R. Nagaraju, Tahasildar, Tumakuru, is present before this Court. He would submit that the land bearing Sy. No.62 was Talawarike inam land and after coming into force of the Karnataka Village Offices Abolition Act, 1961, the said land vested with the Government. Thereafter, no step was taken seeking re-grant of the land in favour of Barabardar Muddaranganayaka or his legal heirs. In the meanwhile, without securing re-grant of the said land, portion of the same has been sold by Smt. Obakka, the wife of Barabardar Muddaranganayaka, in favour of Lakshminarasaiah, petitioner’s father, under registered sale deed dated 28.06.1971.
6. It is in this background, Tahasildar, Tumakuru Taluk, has produced copy of the endorsement dated 04.04.2019 issued by him in proceedings No.RRT.CR.494/18-
19 and 337/2018-19, to the petitioner. Perusal of the said endorsement would disclose that after coming into force of the Karnataka Village Offices Abolition Act, 1961, the land in Sy. No.62, which was originally a talawarike inam land, had vested with the Government and same was not re-granted in favour of Barabardar or his family members and for that reason, Tahasildar declined to consider the request of the petitioner seeking transfer of khata in respect of the land measuring to an extent of 20 guntas in the said Sy. No.62 in his name based on registered sale deed dated 28.06.1971 executed by Smt. Obakka, wife of Barabardar Muddaranganayaka. In the said endorsement, Tahasildar has referred to the earlier endorsement dated 27.06.2018 issued by him, wherein the petitioner was asked to challenge the order of Assistant Commissioner dated 29.07.2015 before the Deputy Commissioner.
7. The said endorsement dated 04.04.2019 issued by Tahasildar, Tumakuru Taluk, appears to be just and proper. In that view of the matter, the present writ petition does not merit consideration.
8. Accordingly, this Writ Petition is dismissed.
However, dismissal of this petition will not take away the right of the petitioner to approach the concerned authorities seeking re-grant of the land measuring to an extent of 20 guntas in Sy. No.62 if the same is permissible under law at this length of time.
Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma