IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA W.P.NO.55891/2017 (KLR-RR/SUR) BETWEEN:
1. SRI. N. RAGHAVENDRA S/O. LATE SRI. N. NARASIMHA AGED ABOUT 36 YEARS.
2. SRI. N. MURALI S/O. LATE SRI. N. NARASIMHA AGED ABOUT 31 YEARS.
BOTH ARE R/AT NO.30 1ST MAIN ROAD PARIMALA NAGARA NANDINI LAYOUT BENGALURU-560 096. …PETITIONERS (BY SRI. SHAKEEL AHAMED, ADV.) AND:
1. STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M.S. BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001.
2. THE TAHSILDAR BENGALURU NORTH (ADDL.) TALUK YALAHANKA BENGALURU-560 064. …RESPONDENTS (BY SRI. T.S. MAHANTESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 2ND RESPONDENT HEREIN TO CONSIDER THE REPRESENTATION DATED 25.09.2017 VIDE ANNEX-H FOR RECTIFICATION AND REGISTRATION OF MUTATION IN FAVOUR OF THE PETITIONERS WITH RESPECT TO THE LAND BEARING SY.NO.139 (OLD 95) MEASURING 1 ACRE 7 GUNTAS (INCLUDING 2 GUNTAS OF KHARAB) SITUATED AT AMRUTHAHALLI VILLAGE, YALAHANKA HOBLI, BENGALURU NORTH TALUK.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned Additional Government advocate has filed the Xerox copies of the Grant Register as well as the order passed in case No.59/1958-59. The same are taken on record.
2. The petitioner herein is claiming that he is registered as an occupant of 1 acre 5 guntas in Survey No.95 of Amtuthahalli Village, Yalahanka Hobli, Bengaluru North Taluk. According to him, the said land was granted to him in proceedings No.243/58-59. He would rely upon Annexure-“B” to demonstrate that occupancy right is granted in his favour to the aforesaid extent under the Mysuru (Personal and Miscellaneous) Inams Abolition Act,1954. The order sheet said to be maintained in case No.243/58-59 would indicate that the land in question is karab land and it is disposed of by the Jodidhar during 1950 and it is stated that since villagers had no objection to dispose of the said land, the same was given to one T. Narasaiah on the basis of the mahazar drawn before the Amaldhar who had no objection for that. The order would indicate as if the said T. Narasaiah is registered as permanent tenant under Section 5 of the aforesaid Act.
3. Though Xerox copy of the so called certified copy issued in June 1990 is relied upon, the original records which is produced by the Additional Government Advocate with reference to the Grant Register would clearly show that Amruthahalli village was Jodi Inam land and an application was filed by one T.L. Adinaranappa S/o.Lakshmaiah seeking occupancy right in respect of Survey No.95 which measures 11 acres 17 guntas. The report in case No.59/1958-59 which is secured in the said proceedings would indicate that the said land is Government Karab bande. It is also stated that no right has been created by Inamdhar in favour of the said petitioner namely Adinaranappa, which was claimed to save his title under Section 14 of the Act. In an order passed on 24.11.1959, the prayer of Adhinaranappa is rejected holding that the land is vested with the Government.
4. The original records in case No.59/1958-59 clearly discloses that as on 24.11.1959 in the said case the land is ordered to be vested with the Government by the Special Tahsildar for Inam Abolition, Bengaluru as against the Xerox copy of the certified copy of the order said to have been passed in Case No.243/58-59 which is relied upon by the petitioner. The said order would indicate as if it is issued by the Special Deputy Commissioner.
5. Learned Additional Government Advocate would submit that no such record is available with the Government. In that view of the matter, this Court finds that no grounds are made out to consider his prayer to accept him as owner of 1 acre 5 guntas of Government Bande land in Survey No.139(Old Sy.No.95) of Amruthahalli Village, Yalahanka Hobli, Bengaluru North Taluk.
6. Accordingly, this writ petition which is filed by the petitioner claiming himself to be the son of the tenant in whose favour the aforesaid land is registered as tenant is hereby rejected.
7. Learned AGA is permitted to file memo of appearance in two weeks.
Sd/- JUDGE *alb/-.