1 ® IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.36433/2018 (KLR-RR/SUR) c/w W.P.NOs.36430/2018 c/w 36431/2018 c/w 36432/2018 (KLR-RR/SUR) W.P. No.36433/2018:
BETWEEN:
SRI. ULLURAIAH S/O LATE CHANNAMARAIAH R/A RAMADEVANAHALLI VILLAGE MADHURE HOBLI KANNAMANGALA POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-560089 (By Sri. N.V.MANJUNATH, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANASOUDHA BENGALURU-560001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION AT DODDABALLAPURA-560078 3. THE TAHSILDAR DODDABALLAPURA TALUK AT DODDABALLAPURA-560078 (BY SRI.VENKATESH DODDERI, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO MAKE REVENUE ENTRIES LIKE M.R. AND R.T.Cs WITH RESPECT TO LAND EXTENT 1 ACRE, 10 GUNTAS, IN SURVEY NO.103 OF RAMADEVENAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN THE NAME OF THE PETITIOENR ON THE STRENGTH OF GRANT ORDER/CERTIFICATE AND SAGUVALI CHIT AND CONSIDERING THE REPRESENTATION DTD 19.03.2018 VIDE ANNX-E.
IN W.P.No.36430/2018:
BETWEEN:
SMT. SIDDAGANGAMMA W/O LATE VEERAPPA @ VEERANNA R/AT RAMADEVANAHALLI VILLAGE, MADHURE HOBLI, KANNAMANGALA POST, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT-560 089.
... PETITIONER (By Sri. N.V.MANJUNATH, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, REVENUE DEPARTMENT, VIDHANA SOUDHA BENGALURU-560 001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, AT DODDABALLAPURA 3. THE TAHSILDAR DODDABALLAPURA TALUK, AT DODDABALLAPURA-560 078. (By Sri.VENKATESH DODDERI, AGA ) ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO MAKE REVENUE ENTRIES LIKE M.R. AND R.T.Cs WITH RESPECT TO LAND EXTENT 1 ACRE, 16 GUNTAS, PLUS 4 GUNTAS KHARAB TOTAL EXTENT 1 ACRE, 20 GUNTAS IN SY.NO.103 OF RAMADEVANAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN THE NAME OF THE PETITIONER ON THE STRENGTH OF GRANT ORDER/CERTIFICATE AND SAGUVALI CHIT AND CONSIDERING THE REPRESENTATION DTD 26.03.2018 VIDE ANNX-G.
IN W.P. NO.36431/2018:
BETWEEN:
SRI LINGAPPA S/O LATE VEERAPPA R/A RAMADEVANAHALLI VILLAGE MADHURE HOBLI KANNAMANGALA POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-560089.
(By Sri. N.V.MANJUNATH, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANASOUDHA BENGALURU-560001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION AT DODDABALLAPURA-560078 3. THE TAHSILDAR DODDABALLAPURA TALUK AT DODDABALLAPURA-560078. (By Sri.VENKATESH DODDERI, AGA ) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO MAKE REVENUE ENTRIES LIKE M.R. AND R.T.Cs WITH RESPECT T LAND EXTENT 1 ACRES, IN SY NO.103 OF RAMADEVANAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN THE NAME OF THE PETITIONER ON THE STRENGTH OF GRANT ORDER/CERTIFICATE AND SAGUVALI CHIT AND CONSIDERING THE REPRESENTATION DTD:20.3.2018 [ANENXURE-G] TO W.P.
IN W.P.No. 36432/2018:
BETWEEN:
SRI. GANGARAJU S/O LATE HANUMANTHAIAH R/A RAMADEVANAHALLI VILLAGE MADHURE HOBLI KANNAMANGALA POST DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-560089 (By Sri. N.V.MANJUNATH, ADV.) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY REVENUE DEPARTMENT VIDHANASOUDHA BENGALURU-560001 2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION AT DODDABALLAPURA-560078 3. THE TAHSILDAR DODDABALLAPURA TALUK AT DODDABALLAPURA-560078. (By Sri.VENKATESH DODDERI, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-3 TO MAKE REVENUE ENTRIES LIKE M.R. AND R.T.Cs WITH RESPECT TO LAND EXTENT 1 ACRE, 10 GUNTAS, IN SY.NO.100 OF RAMADEVANAHALLI VILLAGE, MADHURE HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, IN THE NAME OF THE PETITIOENR ON THE STRENGTH OF GRANT ORDER/CERTIFICATE AND SAGUVALI CHIT AND CONSIDERING THE REPRESENTATION DTD 27.03.2018 VIDE ANNX-F.
THESE PETITIONS COMING ON FOR FURTHER PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In these petitions, the petitioners are contending that they have been issued with saguvali chits to various extents of lands in Sy.No.103 and 100 of Ramadevanahalli, Doddaballapur taluk, Bangalore rural district.
2. The prayer in all these writ petitions is that though saguvali chits have been issued to them in the year 2011-12, the same has not been mutated in their name, podi and dhurast work is not done by the concerned Tahsildar and ADLR. Hence, present petitions are filed to consider their representations.
3. In these proceedings, learned Additional Government Advocate Sri.Venktesh Dodderi submitted to this Court that there is manipulation of records in this proceedings including issuance of saguvali chits which are relied upon by the petitioners. Hence, the petitioners were called upon to produce original saguvali chits in all the four writ petitions. In the meanwhile, the Tahsildar of Doddaballapur Taluk, to produce the original records pertaining to aforesaid land. Accordingly, on 15.04.2019, learned counsel for the petitioners along with memo produced four saguvali chits issued in the name of each of the petitioners in all the four petitions. The Tahsildar of Doddaballapur Taluk, Sri.M.K.Ramesh is also before the court with the original records pertaining to said lands. The learned AGA and the Tahsildar of Doddaballapur M.K.Ramesh on going through the saguvali chits filed into Court by the petitioner’s Counsel would bring to the notice of this court, that, the said documents are fake and concocted documents, in as much as the signature of the then Tahsildar of Doddaballapura, viz., Sri.Sampath Kumar as seen on the said saguvali chits is different when compared to his signature in the original records secured from the office of Tahsildar, Doddaballapur. This Court meticulously compared the signature of the then Tahsildar of Doddaballapur as seen in the original record and also in the saguvali chits produced by the learned counsel for petitioners. It is observed that, the two signatures appears to be different to the naked eye.
4. Thereafter, each of the saguvali chit is taken up for verification, the said saguvali chits would bear an endorsement on the top portion, which would indicate as if they are issued pursuant to the directions issued by this Court in the earlier writ petitions filed by each of them. In this background, original file of earlier writ petition referred to in each of the saguvali chit is secured from the record room of High Court. The same is verified with the endorsements seen in the saguvali chit and found that there are discrepancies, which prima facie indicate, manipulation in issuance of Saguvali Chit, which requires further investigation. The discrepancies which are seen by this Court are chronicled as under:
i) In W.P.No.36430/2018 petitioner Siddagangamma would rely on saguvali chit issued in her favour on 20.8.2011 with reference to land measuring 1 acre 16 gutas in Sy.No.103 of Ramadevanahalli. The saguvali chit produced by Siddagangamma vide Ann-C would refer to same being issued pursuant to order passed in W.P.No.4754/2012. The original file of aforesaid writ petition would indicate that, the same was filed by Smt.Percy Shantharaj in GM-CPC subject and the said writ petition is disposed off on 3.7.2012. That writ petition has got nothing to do with the prayer of petitioner. Admittedly Saguvali Chit is issued on 20.8.2011 much before this writ petition is disposed off in the year 2012.
ii) In WP No.36431/2018 Petitioner Lingappa would rely upon the Saguvali Chit issued on 20.8.2011 in respect of land bearing Sy.No.103 measuring 1 Acre which is at Annexure-C. The aforesaid grant is said to be pursuant to order passed in WP No.47948/12. The aforesaid writ petition is in challenge to order dated:5.2.2007 in LND(RUC)19/2006-07 on the file of assistant commissioner, Doddaballapur. The said writ petition is allowed by order dated:12.12.2002 in directing the 3rd Respondent Tahsildar in the said writ petition to place the application of petitioner before 4th Respondent regularization committee. Admittedly Saguvali Chit is issued on 20.8.2011 much before this writ petition is disposed off in the year 2012.
iii) In W.P.No.36432/2018, petitioner Gangaraju is relying upon the Saguvali Chit issued on 20.8.2011 in respect of land bearing Sy.No.100 measuring 1 Acre 10 Guntas vide Annexure-C. The aforesaid grant is said to be pursuant to order passed in WP No.47949/12. The aforesaid writ petition is in challenge to order dated:5.2.2007 in LND(RUC)18/2006-07 on the file of assistant commissioner, Doddaballapur, filed by his mother Smt.Kalamma. The said writ petition is allowed by order dated:12.12.2002 in directing the 3rd Respondent Tahsildar in the said writ petition to place the application of petitioners mother before 4th Respondent regularization committee. Admittedly Saguvali Chit is issued on 20.8.2011 much before this writ petition is disposed off in the year 2012. With reference to Gangaraju, it is however brought to the notice of this Court that Gangaraju though filed writ petition before this Court for a direction, he was never an applicant before the Authorities. Records would indicate that his mother Kalamma, on an earlier occasion was granted 1 acre of land in Sy.No.100 of Ramadevanahalli, which is considered in her favour. After her death, the said land is registered in the name of Gangaraju, however subsequently even though there is no application in his name, his name was clandestinely included in the file without there being any supporting order. It is seen that he has filed W.P.No.47949/2012 and he has secured an order dated 12.12.2012 and the saguvali chit is issued in his favour much earlier to disposal of the writ petition.
iv) Similar is the case of Ulluraiah, who is petitioner in W.P.No.36433/2018 wherein he would rely upon the saguvali chit issued to him in Sy.No.100 measuring 1 Acre 10 Guntas, pursuant to order passed in W.P.No.47949/2012. However, when the writ petition is seen, it was filed only by Gangaraju and not Ulluraiah. In the saguvali chit it is shown as if it is issued to him pursuant to the order dated in W.P.No.47949/2012. Though the order is passed on 12.12.2012, saguvali chit is issued on 20.8.2011 much earlier to filing of the writ petition.
5. Learned AGA on instructions from the Tahsildar, Sri.M.K.Ramesh would categorically state that none of the saguvali chits relied upon by the petitioners in all these four petitions are issued from the office of Tahsildar, Doddaballapur. The proceedings referred to therein does not indicate that their application for grant was considered and accordingly the grant is made as claimed by the petitioner.
6. When all these four saguvali chits are looked into in the aforesaid fact situation, the genuineness of said documents is doubtful and the said documents appears to be fake and concocted as stated by learned Additional Government Advocate and when signature on the four saguvali chits is compared with that of the signature of Sampath Kumar, the then Tahsildar, in the original records maintained in the said office, the apprehension of the Authorities is beyond reasonable doubt, therefore considering the said four saguvali chits for mutating the lands shown in the said saguvali chits in favour of the petitioners do not arise.
7. In fact, full-fledged enquiry is required to be initiated and the matter has to be referred to COD for investigation. However, in the meanwhile the Authorities are granted liberty to initiate proceedings under Section 196A of the Karnataka Land Revenue Act, 1964, for creation of bogus documents in staking wrongful claim to Government land to various extents of land as seen in each of the saguvali chits, the originals of which are produced by the learned counsel for petitioners and filed into court are ordered to be kept in safe custody and same shall be handed over to the Investigation Officer who is to be appointed by COD to inquire into the matter. The outcome of enquiry shall be placed before this court within twelve months from the date of receipt of copy of this order.
8. With such observations, these writ petitions are disposed of in observing that the petitioners are not entitled to any land which are prayed in these writ petitions. Per contra, they are required to face enquiry as ordered by this court, supra and also to face prosecution to be initiated under Section 192-A of the Karnataka Land Revenue Act, 1964. In the event, they are already in possession of land referred to in the saguvali chit, the possession of said land should be taken by the authorities, consequently all the fake documents created should not be given effect to for conducting phodi and Mutation in survey and revenue records.
9. The records which are produced by Sri.M.K.Ramesh along with memo are taken on record and ordered to be placed in safe custody along with four saguvali chits produced by the petitioners.
ln.
Sd/- JUDGE