IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION No.38802 OF 2017 (KLR – RR/SUR) Between:
Sri. V. Seetharam S/o Sri. Venkatappa Aged about 58 years Presently residing at:
No.1760, 6th Main Road Second Stage, D-Block Rajajinagar Bengaluru – 560 010 ... Petitioner (By Sri. Papi Reddy, Advocate) And:
1. The State of Karnataka Revenue Department Multistoreyed Buildings Dr. Ambedkar Veedhi Bengaluru – 560 001 Represented by its Secretary 2. The Tahasildar Bengaluru North (Additional) Taluk Yelahanka, Mini Vidhana Soudha Bengaluru – 560 004 3. The Assistant Director of Land Records “Kandhaya Bhawan”
4th Floor, Kempegowda Road Bengaluru – 560 009 (By Sri. T.L. Kiran Kumar, AGA) … Respondents This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the endorsement dated 28.02.2017 issued by the R-2 vide Annexure – K and etc., This Writ Petition is coming on for Preliminary Hearing this day, the Court made the following:
O R D E R This petitioner had earlier approached this court on same cause of action for similar relief in W.P.No.33869/2016 KLR-RR/SUR). Wherein, he had secured an order dated 05.07.2016. In terms of the said order, he was required to produce certain documents before the competent authority, namely, respondent Nos. 4 and 5 in the said proceedings. i.e., The Tahsildar, Bengaluru North Additional Taluk, Yelahanka, Bengaluru and Assistant Director of records, K.R.Circle, Bengaluru, to get the revenue entries of the land said to have been granted in his favour on 14.05.1979 and that the said extent of 03 Acres 20 Guntas in Sy. No.79 was ordered to be phoded in his name by conducting necessary procedure in that behalf after securing the documents sought to be furnished by fourth and fifth respondents.
2. It is seen that thereafter, a civil contempt case is initiated by petitioner herein in CCC No. 452/2017. Wherein the concerned authority has filed a memo stating that he has already issued an endorsement on 28.02.2017 which is at Annexure-K to this petition indicating that the phodi could not be conducted for want of documents which were required to be produced by the petitioner pursuant to the order dated 05.07.2016 passed in WP No.33869/2016. In the light of the said submission made by the learned counsel for fourth and fifth respondents in CCC No.452/20117, the said proceedings came to be dropped and thereafter the petitioner was permitted to pursue the matter before the fourth and fifth respondents. Thereafter it is seen that this writ petition has been filed challenging the endorsement dated 28.02.2017 bearing No. LND (NA) CR 37/16-17.
3. Heard the learned counsel for the petitioner and the learned Government Advocate for the respondents.
4. On going through the materials available on record, it is clearly seen that the petitioner herein has failed to comply with the orders of this court passed in W.P.No.33869/2016 (KLR-RR/SUR) in producing necessary documents before fourth and fifth respondents in the said proceedings to get the land said to have granted in his name and also for conducting survey based on the documents which are to be produced. Therefore, the question of entertaining the prayer sought for in this petition does not arise and accordingly, this writ petition stands dismissed.
However, while dismissing this writ petition, it is observed that as against the endorsement dated 28.02.2017, appeal provision is provided under Section 49 of the Karnataka Land Revenue Act, 1964.
Accordingly, the petitioner may approach the concerned authorities in the said proceedings for redressal of his grievance.
Sd/- JUDGE Bsv