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 NOs.1376-1377/2018 (KLR-RES) BETWEEN 1. SRI V MANJUNATH S/O LATE VENKATESHAPPA AGED ABOUT 29 YEARS 2. SRI.M. VENKATESH S/O MUNIYAPPA AGED ABOUT 30 YEARS BOTH ARE R/AT KEMBATHAHALLI, GOTTIGERE POST, B.G.ROAD, UTTARAHALLI HOBLI, BANGALORE-560 083 ... PETITIONERS (BY SRI ADINARAYANAPPA, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT, BANGALORE-560 009 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB- DIVISION, BANGALORE SOUTH TALUK BANGALORE-560009 3. THE TAHSILDAR BANGALORE SOUTH TALUK BANGALORE-560009 4. THE JOINT DIRECTOR (AMENDED VIDE ORDER OF LAND RECORDS DATED 27/02/2018) BANGALORE SOUTH TALUK BANGALORE ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 TO 4) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE 1ST PETITIONER DATED 24.11.2017 VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners herein have sought for direction to the respondents to consider the representation made by the first petitioner dated 24.11.2017 vide Annexure ‘A’ to the petitions and consequently, conduct phodi, durasthi, haddubasthu in respect of their property measuring to an extent of 02 Acres in Sy. No.1/10 situate at Pillaganahalli village, Uttarahalli hobli, Bengaluru South Taluk, Bengaluru, and effect the entries in the concerned revenue records by giving it sub-numbers.
2. It is the case of the petitioner that his grandfather, Sri Venkatarayappa, was the absolute owner of the land measuring to an extent of 02 Acres in Sy. No.1/10 situate at Pillaganahalli village, Uttarahalli hobli, Bengaluru South Taluk. His grandfather had acquired the said land through free grant from the Government in the year 1953-54. After the death of his grandfather, khata in respect of the said land was transferred to the name of his grandmother, Thippamma @ Thippakka, wife of Sri Venkatarayappa. After the death of the said Thippamma, petitioner No.1 had made representation to the third respondent – Tahasildar to transfer the khata in the names of her legal representatives. Accordingly, respondent No.3 – Tahasildar transferred khata in respect of the said land in the names of the legal representatives of Smt. Thippamma jointly vide M.R. No.2/2013-14, but their names were not reflected in the RTC. Thereafter, the legal representatives of Smt. Thippamma had constructed their houses on the said land. It is in this background that petitioner No.1 made representation to the first respondent – Deputy Commissioner on 24.11.2017 requesting him to conduct phodi, durasthi and haddubastu in respect of the aforesaid land. The grievance of the petitioners is that the respondents have not considered the said representation and hence, the present petition.
3. In this proceedings, learned Additional Government Advocate files a memo along with copy of the endorsement dated 01.02.2019 bearing No.LND(U)CR.184/18-
19 issued by respondent No.3 - Tahasildar, Bengaluru South Taluk, Bengaluru, in response to the application dated 24/28.11.2017 made by petitioner No.1 – Sri V. Manjunath. The same are taken on record.
4. Heard the learned counsel for petitioners, learned Additional Government Advocate for respondent Nos.1 to 4. Perused the material on record.
5. Learned Additional Government Advocate would bring to the notice of this Court that 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. Learned Additional Government Advocate further submits that in view of the pendency of the aforesaid proceedings before the Assistant Commissioner, respondent No.3 - Tahasildar has issued the said endorsement to petitioner No.1 intimating him that his request for phodi in respect of the land in question could not be considered.
6. In the present facts and circumstances of the case, petitioners are 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.1/10 was granted in favour of Sri Venkatarayappa, the grandfather of petitioners, by the Government in the year 1953-54 and that they being his legal heirs have continued in possession of the said land. With such liberty to the petitioners, these Writ Petitions are disposed of.
7. Learned Additional Government Advocate is directed to file memo of appearance within two weeks from today.
Sd/- JUDGE sma