IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.48543 OF 2017 (LR-RES) BETWEEN :
SRI. T.S. KRISHNA SWAMY S/O LATE U. KULLE GOWDA AGED ABOUT 58 YEARS AGRICULTURIST TALAKAADU TOWN T.NARASIPURA TALUK MYSORE DISTRICT-571 122 … PETITIONER (BY SHRI. CHANDRAIAH, ADVOCATE) AND :
1. THE CHAIRMAN LAND REFORMS TRIBUNAL OF T.NARASIPURA TALUK AT T.NARASIPURA MYSORE SUB-DIVISION MYSORE DISTRICT PIN-570 005 2. THE GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE-560 001 REPRESENTED BY IT’S SECRETARY 3. SRI. K.S. NAGARAJA MURTHY S/O SRI.SHANTHARAJU AGED ABOUT 45 YEARS B.SHETTALI VILLAGE TALAKAADU HOBLI T.NARASIPURA TALUK MYSORE DISTRICT PIN-571 122 4. SRI. NAGARAJU S/O LATE NANJAIAH AGED ABOUT 43 YEARS HOSA KUKKURU VILLAGE TALAKAADU HOBLI T.NARASIPURA TALUK MYSORE DISTRICT PIN-571 122 M.R. BASAVANNA S/O RUDRAPPA DEAD BY HIS LRS.
5. SMT. SUNDRAMMANNI W/O LATE M. R. BASAVANNA AGED ABOUT 70 YEARS MADYADA BEEDI KOLLEGALA TALUK PIN-571 440 6. SMT. B. KANTHAMANNI W/O SIDDAPPAJI AGED ABOUT 45 YEARS BASAVESHWARANAGARA KOLLEGALA TOWN-571 122 MYSORE DISTRICT PIN-571 440 7. SMT. NAGARATHNA W/O LATE SATHISH AGED ABOUT 40 YEARS HALEEBIDI, TALAKADU T. NARSIPURA TALUK MYSURU DISTRICT PIN-571 122 ... RESPONDENTS (BY SMT. M.C. NAGASHREE, AGA FOR R1 & R2;
SMT. K.B. JAYALAKSHMI, ADVOCATE FOR R5 TO R7; R3 & R4 - SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS OF LRF. NO.3987/75-76 AND LRF NO.4228/75-76, FROM THE LAND REFORM TRIBUNAL AT T.NARASIPURA OF T. NARASIPURA TALUK, MYSURU DISTRICT AND ETC., THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner is seeking quashing of order in L.R.F.No.3987/1975-76 and L.R.F.No.4228/1975-76 passed by Land Reforms Tribunal, T.Narasipura Taluk, Mysuru.
2. Learned advocate for the petitioner submitted that petitioner’s father Singri Gowda @ Kulle gowda was cultivating land measuring 4 Acres 4 guntas in Talakaadu Village. Singri Gowda filed Form No.7 before the Land Reforms Tribunal and the same was registered as L.R.F.No.4228/1975-76. The said application was not disposed of. Petitioner moved this Court in W.P.No.20643/2014 seeking a direction to dispose of Form No.7 filed by his father. This Court, on 16.06.2014 directed the Land Reforms Tribunal to dispose of the said application in accordance with law within one year.
Pursuant to the said order, Tribunal has passed order dated 24.06.2017, recording inter alia that in L.R.F.No.4228/1975-76 and L.R.F.No.3987/1975-76, Tribunal has granted 1 Acre 20 guntas to petitioner’s father on 22.01.1981.
3. Learned advocate for the petitioner further submitted that petitioner’s father had claimed 4 Acres 4 guntas of land. But only 1 Acre 20 guntas was granted to him. Therefore, he had sought a direction to the Land Tribunal in the earlier writ petition. He submitted that 1 Acre 20 guntas of land was granted to him, while considering L.R.F.No.3987/1975-76 and not in L.R.F.No.4228/1975-76.
Therefore, order passed on 24.06.2017 is unsustainable in law.
4. Today, learned advocate for the petitioner has placed endorsement dated 05.06.2008 issued by Tahsildar, T.Narasipura, for perusal of this Court. The same be kept in record. It shows that 1 Acre 20 guntas of land was granted to Singri Gowda (petitioner’s father) in L.R.F.No.4228/1975-76. It is relevant to note that this document is produced by the petitioner himself to the Court. After having obtained the said endorsement in the year 2008, petitioner again approached this Court in the year 2017 and obtained the order for consideration of claim made by his father in Form No.7. In compliance thereof, the Tribunal has passed the impugned order dated 24.06.2017.
5. The solitary ground urged by the learned advocate for the petitioner is that grant of 1 Acre 20 guntas was made in L.R.F.No.3987/1975-76 and not in the proceedings initiated by his father registered as L.R.F.No.4228/1975-76. But the said submission is contrary to the facts recorded in endorsement dated 05.06.2008 produced by petitioner himself. In the circumstances, this petition fails and it is accordingly dismissed.
6. In view of dismissal of the petition, I.A.No.1/2017 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE AV