IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 03RD DAY OF APRIL 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION No.28420/2017 (KLR-CON) BETWEEN:
T. CHANDRASHEKAR, S/O LATE B. THIPPA REDDY, AGED ABOUT 56 YEARS, R/AT NO.110, HRUDNAYAPALYA, PRASHANTH LAYOUT, KODUGEHALLI, KADUGODI POST, BANGALORE-560 065.
... PETITIONER (BY SRI. G.R. LAKSHMIPATHY REDDY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S. BUILDING, AMBEDKAR VEEDHI, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER, BANGALORE RURAL DISTRICT, BANGALORE-560 009.
3. THE TAHSILDAR, HOSAKOTE TALUK, HOSAKOTE-562 114. BANGALORE RURAL DISTRICT.
... RESPONDENTS (BY SRI. T.S. MAHANTESH, AGA) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORD FROM THE OFFICE OF THE R-2 & 3 PERTAINING TO THE PETITIONER’S APPLICATION FOR CONVERSION IN RESPECT OF LAND MEASURING 26 GUNTAS IN SY. NO.263/3 OF SAMETHANAHALLI VILLAGE, ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER The petitioner herein is impugning the endorsement dated 12.05.2017 passed in No.CR/28/16-17 issued by the Deputy Commissioner of Bangalore Rural District.
2. The brief facts leading to filing of the writ petition are as under:
Petitioner herein is the purchaser of 26 guntas of land along with ½ guntas of Kharab land in Old Sy.No.265 and New Sy.No.265/3 of Samethanahalli Village, Anugondanahalli Hobli, Hosakote Taluk, Bangalore Rural District under registered sale deed dated 27.09.2012 executed by C.Naveen S/o. N.G.Chandra Reddy.
3. It is the case of the petitioner that the aforesaid land is the portion of Sy.No.36 which was granted in favour of one Narasimhachari S/o. Nanjundappa in proceedings No.GD 116/25-26 which after change of hands on several occasions, the same came to the petitioner under registered sale deed dated 27.09.2012.
4. It is further stated that when the petitioner filed an application seeking conversion of 26 guntas of land purchased by him under the aforesaid sale deed, the said application is rejected vide endorsement dated 12.05.2017 which is sought to be impugned in this proceedings.
5. When this matter was taken up for consideration in the presence of Sri.G.R.Lakshmipaty Reddy, learned counsel for the petitioner and Sri.T.S.Mahantesh, learned Additional Government Advocate for the State, this Court secured original records of Sy.No.36 of Samethanahalli Village, Anugondanahalli Hobli, Hosakote Taluk, Bangalore Rural District which subsequently re-numbed as Sy.No.265.
6. The original records which are produced before this Court would indicate that there was indeed grant of land in Sy.No.36 to one Narasimhachari which is referred to as purchased from the State and it is also seen that the said land was subject matter in proceedings bearing Revenue Appeal No.121/1928-29 wherein, it disclose the facts of the case and decision of the lower appellate Court and title of the land bearing Sy.No.36 of Samethanahalli Village, Anugondanahalli Hobli, Hosakote Taluk is traced to Narasimhachar who is referred to Narasimachari in the grant certificate which is relied upon by the petitioner vide Annexure-D to the petition.
7. It is clearly seen from the records of the office of the Tahsildar, Hoskote that there is reference to grant of land/sale of land by the State in favour of Narashimachar/Narashimachari from whom, the title is transferred to the petitioner herein to an extent of 26 guntas.
8. In that view of the matter, the title of the said land being traced and the proceedings initiated by the State in conveying the title of the larger extent of land in Sy.No.36 of Samethanahalli village in proceedings No.GD 116/25-26 being established, endorsement issued by the Tahsildar vide Annexure-H dated 12.05.2007 in proceedings No.CR/28/16- 17 is without any basis. Therefore, in the fact situation, this Court would give a positive direction to the Deputy Commissioner to consider the application of the petitioner on the basis of the material available on record and also with reference to the documents which are produced by the Tahsildar of Hoskote in indicating that the aforesaid Sy.No.36 of Samethanahalli village which is now re-numbered as Sy.No.265 and further phoded as Sy.No.265/3 being the land of the petitioner, the same shall be considered for conversion, if the application is in order and in respect of reference to other aspects regarding production of other documents and payment of conversion fee is in order.
With such observations, the writ petition is allowed.
Sd/- JUDGE VM