IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.1658/2018(KLR-RES) BETWEEN SRI SRINIVAS MURTHY S/O LATE MUNIYAPPA AGED ABOUT 39 YEARS, R/AT PILLAGANAHALLI GOTTIGERE POST, UTTARAHALLI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 083 ... PETITIONER (BY SRI ADINARAYANAPPA, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-560 009 2. THE ASST.COMMISSIONER BANGALORE SOUTH SUB-DIVISION, BANGALORE SOUTH TALUK, BANGALORE-560 009 3. THE TAHSILDAR BANGALORE SOUTH TALUK, BANGALORE-560 009 ... 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 RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER DATED:24.11.2017 WHICH IS PRODUCED AT ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though this petition is listed for orders, it is taken up for final disposal with the consent of learned counsel appearing for the parties.
2. Petitioner herein has sought for direction to the respondents to consider his representation dated 24.11.2017 vide Annexure ‘A’ to the petition and consequently, to conduct phodi, durasthi and haddabasthu in respect of his land measuring to an extent of 02 Acres in Sy. No.1/12 situate at Pillaganahalli village, Uttarahalli hobli, Bengaluru South Taluk, and effect entries in the revenue records by giving it sub- numbers.
3. It is the case of the petitioner that his grandfather, Sri Tayiga, son of Linga, was the absolute owner of the land measuring to an extent of 02 Acres in Sy. No.1/12 of the said Pillaganahalli village. It is stated that his grandfather had acquired the said land by way of free grant from the Government in the year 1951-52. After the death of the said Sri Tayiga, the khata of the said land had been transferred to the names of his sister-in-law, Smt. Muthamma, his second son, Sri Muniyappa, and third son, Sri Sampangi, jointly. After the death of the said khatedars, subsequently, the khata of the said land has been transferred to the names of their children, Sri Jayappa, Sri Srinivas Murthy (petitioner herein) and Sri Siddalingappa jointly and they are said to be in possession and enjoyment of the said land. According to the petitioner, in spite of his representation dated 24.11.2017 (Annexure ‘A’ to the petition), the first respondent – Deputy Commissioner has not conducted phodi, durasthi and haddubasthu in respect of the said land and hence, the petition.
4. Heard the learned counsel for the petitioner, learned Additional Government Advocate for respondent Nos.1 to 3. Perused the material on record.
5. Learned Additional Government Advocate would bring to the notice of this Court that land in Sy. No.1 situate at Pillaganahalli village, Uttarahalli hobli, Bengaluru South Taluk, Bengaluru, measures in all 206 acres and out of that, 113 Acres was acquired by the Karnataka Industrial Area Development Board (for short, ‘KIADB’) for development of industrial layout thereon and with reference to the remaining 93 Acres of land in the very same survey number, proceedings in LND(RA)(A).23/17-18 are already initiated under Rule 108- K of the Karnataka Land Revenue Rules, 1966, before the Court of Assistant Commissioner, Bengaluru South sub- division, Bengaluru, for cancellation of grant made in favour of grantees of the said land.
6. In the present facts and circumstances of the case, the petitioner is given liberty to approach the Assistant Commissioner, Bengaluru South sub-division, Bengaluru, before whom the proceedings in No.LND(RA)(A).23/17-18 initiated under Rule 108-K of the Karnataka Land Revenue Rules, 1966, for cancellation of grant made in favour of grantees in respect of the remaining 93 Acres of land in Sy. No.1 of Pillaganahalli village, Uttarahalli hobli Bengaluru South Taluk, are pending consideration, by producing all the documents available with them to demonstrate that the land measuring to an extent of 02 Acres in Sy. No.1/12 was granted in favour of Sri Tayiga, the grandfather of the petitioner, by the Government in the year 1951-52 and that he being one of his legal heirs has continued in possession of the said land. With such liberty to the petitioner, this Writ Petition is disposed of.
7. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma