IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION No.14533 OF 2018 [KLR-RES] BETWEEN:
SRI. RAMAPPA S/O LATE VENKATAPPA, AGED ABOUT 62 YEARS, R/AT BASHETTIHALLI VILLAGE, BASHETTIHALLI HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT – 562 101.
(BY SRI. SURESH D. DESHPANDE, ADV ) AND:
1. THE ASSISTANT COMMISSIONER CHIKKABALLAPUR, CHIKKABALLAPUR DISTRICT – 562 101.
2. THE TAHSILDAR SHIDLAGHATTA TALUK, CHIKKABALLAPUR DISTRICT – 562 101.
(BY SRI. VENKATESH DODDRI, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2 TO ENTER THE NAME OF THE PETITIONER IN COMPUTER PAHANI (RTC) IN RESPECT OF THE LAND BEARING SY. NO.177 MEASURING 3 ACRES 30 GUNTAS SITUATED AT THIMMANAYAKANAHALLI VILLAGE, BASHETTIHALLI HOBLI, SHIDLAGHATTA TALUK, CHICKBALLAPURA DISTRICT.
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 claiming himself to be grantee of 3 acres 30 guntas in Sy. No.177 of Thimmanayakanahalli Village, Bashettihalli Hobli, Shidlaghatta Taluk, Chikkaballapur District. According to him, said extent was granted to him on 19.11.1996 in terms of Order No.LNDRUO.No.74-539/1991-92 vide Annexure-A. According to him, even prior to grant of aforesaid extent of land in his favour, he was in possession and cultivation of the same and in pursuance to the grant in his favour, his name is entered in the revenue records after conducting mutation of aforesaid extent in his favour which is at Annexure-B.
2. The grievance of the petitioner is that though his name is entered in the mutation register, record of rights and in RTC upto 2002-03, subsequently, when computer pahani was introduced, name of the petitioner is excluded from the same and hence he has come up with this writ petition seeking a direction to the respondents to include his name in computer pahani [RTC] with regard to land bearing Sy. No.177 of Thimmanayakanahalli Village, Bashettihalli Hobli, Shidlaghatta Taluk, Chikkaballapur District.
3. When this matter was taken up for consideration at the stage of preliminary hearing, learned Additional Government Advocate has secured presence of the Tahsildar of Shidlaghatta Mr. Ajit Kumar Rai. The aforesaid Officer has placed before the Court the original documents pertaining to said land to demonstrate the fraud committed by the petitioner. The records which are produced by him is register maintained with regard to application in Form No.7 for Bashettihalli Hobli wherein at Sl. No.74, entry would indicate that application being filed by one Ramappa, son of Venkatappa of Thimmanayakanahalli Village, seeking grant of 30 guntas in Sy. No.177. The said survey number is written in kannada in red ink. It is this application of the petitioner which was taken up for consideration.
4. As could be seen from Book-II maintained in the office of the Tahsildar for regularization of unauthorized occupation at page 95 of the said book in paragraph-3 at Sl. No.1, the application of the petitioner is considered for grant of 30 guntas of land where it is stated that Ramappa son of Venkatappa, a person belonging to vokkaliga community has filed application seeking regularization of 30 guntas of land in his favour which is accepted. According to the Tahsildar, though the order was passed on 8.9.1994, with cross reference to that is seen in book referred to earlier at Sl. No.74. The said order is not given effect to by issuing saguvali chit as could be seen from the original records. In the meanwhile, it is seen that the petitioner herein has secured fraudulent documents with the assistance of some of the persons in the office of the Tahsildar indicating as if he is granted 3 acres 30 guntas of land.
5. The grievance of the petitioner is that though his name is entered in the mutation register, record of rights and in RTC upto 2002-03, subsequently, when computer pahani was introduced, name of the petitioner is excluded from the same and hence he has come up with this writ petition seeking a direction to the respondents to include his name in computer pahani [RTC] with regard to land bearing Sy. No.177 of Thimmanayakanahalli Village, Bashettihalli Hobli, Shidlaghatta Taluk, Chikkaballapur District. Based on the fake saguvali chit, he has also secured mutation of aforesaid extent in his name and subsequently it is registered in mutation vide MR No.121/9/99-2000 and thereafter he got the same entered into mutation register as well as record of rights. However, there is no entry for issuance of saguvali chit in the original records, which has come in the way of the petitioner’s name being registered in the computer RTC. Thereafter, when investigation is done, the fraud committed by the petitioner is unraveled.
6. In this background, this Court is of the considered opinion that considering issuance of a direction to the respondents to include petitioner’s name in computer RTC as owner of 3 acres 30 guntas in Sy. No.177 of Thimmanayakanahalli Village, Bashettihalli Hobli, Shidlaghatta Taluk, Chikkaballapur District, does not arise. This Court would further observe that the order dated 8.9.1994 which was passed in regularizing the unauthorized cultivation of 30 guntas in the very same survey number also shall not be in force, in as much as, when the petitioner has committed serious offence of creating fraudulent documents to wrongfully appropriate the land belonging to the Government in excess of grant made in his favour. He shall not be entitled to any concession much less grant which was considered to him to an extent of 30 guntas which is not given effect to till this day.
7. When this Court observed thus, learned counsel for the petitioner submitted that, at least 30 guntas of land which is regularized in his favour should be saved. The same cannot be considered in the light of his conduct in fraudulently creating documents as if he is granted 3 Acres 30 guntas. Hence, his prayer is rejected and this writ petition is dismissed.
8. The order dated 8.9.1994 passed in favour of the petitioner as person in occupation of unauthorized cultivation of land in Sy. No.177 of Thimmanayakanahalli Village, Bashettihalli Hobli, Shidlaghatta Taluk, Chikkaballapur District to the extent of 30 guntas is also set aside in this proceedings. While doing so, liberty is reserved to the State to initiate proceedings under section 192-A of Karnataka Land Revenue Act, 1964 against the petitioner.
Sd/- JUDGE AN/-