IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2017 BEFORE THE HON’BLE MR.JUSTICE B.S.PATIL WRIT PETITION NO.41795/2012 (KLR–RR/SUR) C/W WRIT PETITION NO.37270/2012 (KLR-RR/SUR) IN W.P.NO.41795/2012 Between:
Shri.Thammaiah S/o Late Shri Honnappa Aged about 61 years, R/o Yelerampura Village, Kolala Hobli, Koratagere Taluk, Tumkur District.
(By Sri. R.P. Somashekaraiah, Advocate) And:
1. The State of Karnataka, Represented by its Secretary Revenue Department, MS Buildings, Bengaluru – 560 001.
2. The Deputy Commissioner, Tumkur District, Tumkur – 572 101.
… Petitioner 3. The Tahsildar, Koratagere Taluk, Koratagere, Tumkur District - 572 101.
4. The Deputy Tahsildar, Kolala Hobli, Kolala, Koratagere Taluk, Tumkur District- 572 101.
5. The Revenue Inspector Kolala Hobli, Kolala, Koratagere Taluk, Tumkur District – 572101.
(By Sri. T.S. Mahantesh, AGA) …Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order of 5th respondent deleting the name of the petitioner from the RTC which was entered vie MR No.2/98-99 in respect land bearing Sy.no.46/1 measuring 2 acres 32 guntas situated at S.Gollahalli Village, Koratagere Taluk, Tumkur District vide MR No.8/2010-11 as per order dated 29.03.2011 in R.A.No.12/2002-2003 under Annexure ‘E’.
IN W.P.NO.37270/2012 Between:
Smt.Hanumakka W/o Muddappa Aged about 60 years, R/at, Yelerampura Village, Kolala Hobli, Koratagere Taluk, Tumkur District.
(By Sri.R.P.Somashekariah, Advocate) … Petitioner And:
1. The State of Karnataka Represented by its Secretary Revenue Department MS Buildings, Bangalore – 560 001.
2. The Deputy Commissioner Tumkur District.
Tumkur.
3. The Tahsildar Koratagere Taluk Koratagere, Tumkur District.
4. The Deputy Tahsildar Kolala Hobli, Kolala, Koratagere Taluk, Tumkur District.
5. The Revenue Inspector Kolala Hobli, Kolala, Koratagere Taluk, Tumkur District.
(By Sri.T.S.Mahantesh, AGA) …Respondents This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to quash the order of 5th respondent deleting the name of the petitioner from the RTC which was entered vide MR No.1/05-06 in respect land bearing Sy.no.46/2 measuring 3 acres 12 guntas situated at S.Gollahalli Village, Koratagere Taluk, Tumkur District under Annexure ‘J’ by deleting the same vide MR No.8/10-11 dated 30.3.11.
These Writ Petitions coming on for orders this day, the Court made the following:
ORDER In these two writ petitions, common questions arise for consideration. The dispute lies in a short compass. Therefore, with the consent of learned counsel for both parties, these matters are taken up for final disposal.
2. In W.P.No.41795/2012, petitioner Sri.Thammaiah claims to be owner of 2 acres 32 guntas of land comprised in Survey No.46/1 of S.Gollahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District. Petitioner asserts that his unauthorized occupation was regularized and he was issued with Saguvali Chit by the competent authorities as back as on 24.05.1996. Indeed, his name was subsequently recorded in the katha of the land.
3. Similarly, petitioner in W.P.No.37270/2012 - Smt.Hanumakka claims to be owner of 3 acres 12 guntas of land comprised in Survey No.46/2 of S.Gollahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District. By virtue of regularization of unauthorized occupation and issuance of Saguvali Chit on 15.09.1995, her name was recorded in the revenue records as khatedar and anubhavadar.
4. Now, names of the petitioners are deleted from the revenue records (RTC) with effect from the year 2011. This is evident from RTC extract produced by petitioners along with the writ petitions. According to petitioners, reason for removal of their names from the RTC is the order dated 22.09.2005 passed by the Deputy Commissioner in R.A.No.12/2002-2003. Copies of the said orders dated 14.02.2011 are produced at Annexure ‘D’ in W.P.No.41795/2012 and at Annexure ‘H’ in W.P.No.37270/2012.
5. A perusal of the said orders discloses that dispute in the said case pertains to Survey Nos.45/1 and 45/2 of S.Gollahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District. None of the petitioners in these two writ petitions were arrayed as parties to the said proceedings before the Deputy Commissioner. Land granted to the petitioners was not the subject matter of controversy in the appeal before the Deputy Commissioner. Therefore, whatever order passed by the Deputy Commissioner in the said appeal could not have been blindly applied to the petitioners for deleting their names in the revenue records, which had been entered pursuant to the order passed regularizing their occupation of Government land, that too without providing them an opportunity of being heard in the matter. Hence, on the short ground that principles of natural justice were not followed by the revenue authority while removing the names of the petitioners from the revenue records, these two writ petitions deserve to be allowed.
6. Hence, the writ petitions are allowed. The Tahsildar is directed to restore the names of petitioners in the revenue records in respect of the two lands measuring 2 acres 32 guntas comprised in Survey No.46/1 and 3 acres 12 guntas comprised in Survey No.46/2 both situated at S.Gollahalli Village, Kolala Hobli, Koratagere Taluk, Tumkur District. If the authorities want to proceed in the matter, they can do so only in accordance with law and by providing fair and reasonable opportunity to petitioners.
7. In the light of the disposal of the writ petitions, interim application filed seeking direction in I.A.No.1/2017 in both the cases does not survive for consideration.
Sd/- JUDGE UN