IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE P.S. DINESH KUMAR WRIT PETITION No.1808 OF 2013 (KLR-RR/SUR) BETWEEN :
1. SMT. SUSHEELAMMA D/O SRI. LATE PILLAMALIGACHARI W/O RAMABHADRACHARI AGED ABOUT 63 YEARS R/AT HORAMAVU VILLAGE AND POST BANGALORE-560 043 2. SMT. JAYALAKSHMAMMA D/O SRI. LATE PILLAMALIGACHARI W/O CHENNACHARI AGED ABOUT 58 YEARS R/AT HULIMAVU, AGARA POST BANGALORE-560 043 3. SMT. ESWARAMMA D/O SRI. LATE PILLAMALIGACHARI W/O NAGARAJACHARI AGED ABOUT 51 YEARS R/AT KOWDENAHALLI RAMAIAH LAYOUT RAMURTHY NAGAR BANGALORE-560 016 … PETITIONERS (BY SHRI. M.V. HIREMATH, ADVOCATE) AND :
1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE-560 001 2. THE TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER AND EX-OFFICER, DEPUTY DIRECTOR OF LAND AND REFORMS TO BANGALORE DISTRICT BANGALORE-560 001 3. THE SURVEYOR BANGALORE EAST TALUK BANGALORE-560 036 4. THE TAHASILDAR BANGALORE EAST BANGALORE-560 036 5. SHRI. M. BASAVACHARI S/O LATE PILLAMALIGACHARI (SINCE DEAD BY HIS LRS.) A). SMT. BASAMMA W/O LATE M. BASAVACHARI AGED ABOUT 75 YEARS B). SMT. LEELAVATHI D/O LATE M. BASAVACHARI AGED ABOUT 42 YEARS C). SMT. C. LAKSHMIDEVAMMA D/O LATE M. BASAVACHARI AGED ABOUT 38 YEARS D). SHRI. D. MANJUNATH S/O LATE M. BASAVACHARI AGED ABOUT 35 YEARS E). SMT. RENUKAMMA D/O LATE M. BASAVACHARI AGED ABOUT 30 YEARS F). SMT. SOWBHAGYAMMA D/O LATE M. BASAVACHARI AGED ABOUT 28 YEARS G). SMT. LAKSHMI D/O LATE M. BASAVACHARI] AGED ABOUT 25 YEARS R.NO.5(A) TO (G) ARE R/AT HALENAHALLI VILLAGE NARASIPURA POST DABASPET HOBLI NELAMANGALA TALUK BANGALROE RURAL DISTRICT PIN-562 111 6. SMT. FATHIMA W/O P. JOSEPH MAJOR NO.10, KARMACHAND LAYOUT LINGARAJAPURAM BANGALORE-560 084 7. SHRI. P. SANDYAGAPPA @ P.S. RAJU S/O LATE PAPAIAH MAJOR NO.10, KARMACHAND LAYOUT LINGARAJAPURAM BANGALORE-560 084 8. SHRI. ANTHONY CHACKO S/O LATE P.J. CHACKO MAJOR NO.429, 5TH MAIN, 2ND BLOCK H.R.B.R. LAYOUT KALYAN NAGAR BANGALORE-560 043 9. C. NANJUNDAPPA S/O CHOWDAPPA NO.780, 5 ‘A’ MAIN 2ND BLOCK, H.R.B.R LAYOUT KALYANA NAGAR BANGALORE-560 013 ... RESPONDENTS (BY SHRI. Y.D. HARSHA, AGA FOR R1 TO R4;
SHRI. V. VIJAYASHEKHARA GOWDA, ADVOCATE FOR R8; SHRI. G. PAPIREDDY, ADVOCATE FOR R9;
VIDE ORDER DTD.2.9.2013, NOTICE TO R6 & R7 – HELD SUFFICIENT;
R5(A) TO (G) -SERVED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 06.09.2012 PASSED BY THIS HON’BLE DEPUTY COMMISSIONER, BANGALORE DISTRICT, BANGALORE THE 1ST RESPONDENT HEREIN AS PER ANNEXURE-A CONFIRMING THE ORDER DATED 10.08.2011 PASSED BY THE 2ND RESPONDENT HEREIN AS PER ANNEXURE-B.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard Shri M.V.Hiremath, learned advocate for the petitioners, Shri Y.D.Harsha, learned AGA for the State, Shri V.Vijayashekhara Gowda, learned advocate for respondent No.8 and Shri G.Papi Reddy, learned advocate for respondent No.9.
2. Learned advocate for the petitioners submitted that phodi and durasth work in respect of a property bearing Sy.No.85/1 totally measuring 5 Acres and 12 guntas situated in Horamavu Village, Krishnarajapura Hobli, Bengaluru East Taluk was completed in the year 2009. Respondent No.9 challenged the same before Additional Director of Land Records, Bengaluru. In his order dated 10.08.2011, Additional Director of Land Records has inter alia recorded that sketch produced before him prima facie appeared to be a bogus one and the land which was acquired for railways was not recorded in the revenue records. Based on these findings, he has remitted the matter for a fresh survey and durasth in accordance with law. The said order was challenged by the petitioners before the Deputy Commissioner, Bengaluru, in R.P.No.16/2011-12. By his order dated 06.09.2012, Deputy Commissioner has confirmed the order passed by the Additional Director of Land Records and dismissed the revision petition. Hence, this writ petition.
3. Learned advocate for the petitioners further submitted that phodi and durasth done in the year 2009 is correct. The said phodi and durasth was done pursuant to a direction issued by this Court in W.Ps.No.13445-13447/2010 dated 23.04.2010. Therefore, there was no necessity to remit the matter for a fresh survey and durasth.
4. Learned AGA submitted that order passed by the Additional Director of Land Records discloses that the sketch was found to be bogus one and the land acquired for the railways was not shown in the records. Therefore, fresh phodi and durasth is necessary. The Additional Director of Land Records has passed a detailed order and recorded five findings. Second finding is with regard to the sketch and the Additional Director of Land Records has opined that sketch appears to be a bogus one. Fifth finding is with regard to the entry of the land acquired for railways in revenue records. He has opined that the same has not been done. In light of the above findings, the Additional Director of Land Records has directed for a fresh phodi and durasth. If the claim of the petitioners that earlier phodi and durasth is correct, they can place all the material records at the time of fresh durasth as ordered by the Additional Director of Land Records. He is right in his submissions.
5. No infringement of right is made out calling for interference of this Court under Article 226 of the Constitution of India. In the circumstances, this petition fails and it is accordingly dismissed.
No costs.
Sd/- JUDGE AV