IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.15361/2019 (KLR-RES) BETWEEN 1. M/s. VASCO CONSTRUCTIONS A PARTNERSHIP FIRM No.301, SUNSHINE HARIPADAVU YEYYADI MANGALORE-575008 BY ITS PARTNER M. ARUN MENDES 2. Mr. ARUN MENDES S/O LATE BASIL MENDES AGED ABOUT 42 YEARS MENDES VILLA POST TACCODE MOODABIDRI-574 227 MANGALORE TALUK, D.K ... PETITIONERS (BY SRI CHANDRANATH ARIGA K, ADVOCATE) AND 1. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT VIKASA SOUDHA DR. AMBEDKAR ROAD BANGALORE-560 001 2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH TALUK KANDHAYA BHAVANA K G ROAD BANGALORE-560 001 3. THE TAHSILDAR MINI VIDHANA SOUDHA SUGAPPA LAYOUT EAST COLONY YELAHANKA NEW TOWN BENGALURU-560 054 BANGALORE NORTH TALUK ... RESPONDENTS (BY SRI VENKATESH DODDERI, ADDITIONAL GOVERNMENT ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE 3RD RESPONDENT TO PLACE BEFORE THIS HON'BLE COURT THE ORIGINAL FILE IN DC BENGALURU, N.DIS.LND.448/62-63 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners are seeking direction to respondent No.3 – Tahasildar of Yelahanka, to secure and place before this Court the original file bearing No.N.DIS.LND.448/62-63 from the office of Deputy Commissioner, Bengaluru, and also direction to respondent No.2 – Special Deputy Commissioner, Bengaluru North Taluk, to dispose of the proceedings in RRT. No.15/10-11 within a period of three months.
2. It is the case of petitioners that land measuring to an extent of 04 Acres in Sy. No.76 situate at Chikkajala, Jala hobli, Devanahalli Taluk, Bengaluru, was granted to one Sri C. Nanjundaiah under darkhast and in that behalf, copy of grant certificate dated 23.02.1961 is produced at Annexure ‘F’ to the petition. It is stated that at the time of issue of grant confirmation to Sri C. Nanjundaiah, he was not alive and hence, confirmation was issued to Sri C. N. Vasudeva Rao, son of Sri C. Nanjundaiah, by Deputy Commissioner of Bengaluru. Petitioners have referred to registered Release Deed dated 04.12.1965 executed by children and grandchildren in favour of Sri C.N. Krishnamurthy, the eldest son of Sri C. Nanjundaiah, who sold the entire extent of 04 Acres in Sy. No.76 (Sy. No.76/6) in favour of one Sri B. Rangaswamy under registered sale deed dated 04.05.1966. Subsequently, the said land has changed hands and petitioner No.1 is stated to have purchased land measuring 02 Acres in Sy. No.76/P6 situate at Chikkajala village, Jala hobli, Bengaluru North Taluk, from Sri Munegowda under registered sale deed dated 15.03.2007. He is said to have purchased another 01 Acre of land in Sy. No.76/P6 situate in the said Chikkajala village, under another sale deed dated 12.09.2007. Petitioners are said to be owners in possession and enjoyment of 03 Acres of land in Sy. No.76/P6 of the said Chikkajala village.
3. It is further stated that the second respondent – Special Deputy Commissioner deleted the names of petitioners from the revenue records vide proceedings No.RRT(2)N(A)CR.15/2010-11. The said order of the second respondent was the subject matter of challenge in W.P. No.1953/2014 (KLR-RR/SUR) before this Court. A coordinate Bench of this Court, by its order dated 12.03.2015 (Annexure ‘M’ to the petition), has observed as under:
“The impugned order is liable to be quashed for three distinct reasons: (a) The Special Deputy Commissioner has not verified the records maintained in the offices of the Tahasildar and the Assistant Commissioner. The minimum expected of him is to verify the grant-register and the saguvali chit register and thereafter deliver a clear finding as to whether or not the land is granted; (b) It is not in dispute that the property in question has changed the hands. To decide as to whether the land in question is granted or not, the person who claims to be the grantee and the persons who claim under him viz., all the past and present purchasers of the land in question are to be made parties. This has not been done. (c) The petitioner has produced a number of documents. The Special Deputy Commissioner is content merely referring to them but he has not shown any consideration to the documents placed on his record.”
Accordingly, coordinate Bench of this Court has quashed the impugned order and remanded the matter to the Special Deputy Commissioner for fresh enquiry in accordance with law.
4. When this matter is taken up for preliminary hearing, learned counsel for petitioners would submit that though certified copy/ies of the original documents pertaining to land bearing No.76/6 (76/P6) of Chikkajala village, Jala hobli, Bengaluru North Taluk, which is a granted land, is issued to petitioners, the same are not placed before the second respondent – Special Deputy Commissioner. It is stated that the said information is given to him by the authorities pursuant to an application filed under the Right to Information Act, 2005. The original documents are not produced before the Special Deputy Commissioner, where proceedings in RRT No.15/2010-11 (RRT.(2).N(A).CR.15/2010-11) are pending consideration. It is in this background that this writ petition is filed seeking the aforesaid directions.
5. Heard the learned counsel for petitioners, learned Additional Government Advocate appearing for respondents. Perused the material on record.
6. This Court, by order dated 05.04.2019, directed the learned Additional Government Advocate to secure the presence of Tahasildar, Bengaluru North Taluk. Today, Sri Manjunath B.R., Tahasildar, Yelahanaka, Bengaluru North (Additional) Taluk, Bengaluru, is present before this Court. On an earlier occasion, when the said Tahasildar was before this Court, he had stated that the documents, which are sought by petitioners herein, are available in the office of Tahasildar, Devanahalli, within whose jurisdiction the said authority was working prior to he being relocated to the jurisdiction of Yelahanka, Bengaluru North Taluk. His submission was placed on record. He was directed to secure the said documents from the office of Tahasildar, Devanahalli, and produce the same before this Court. Accordingly, this day, Sri Manjunath B.R., Tahasildar, Yelahanka, has come before this Court along with an officer working in the office of Tahasildar, Devanahalli. The said officer has brought the original records.
7. Learned counsel for petitioners, who looked into the said records, requests this Court to issue necessary direction to respondent No.3 – Tahasildar of Yelahanka, to produce the very same documents before the second respondent – Special Deputy Commissioner, Bengaluru North Taluk, before whom proceedings in RRT.15/2010-11 (RRT.(2).N(A).CR.15/2010-11) is presently pending consideration.
8. The said Tahasildar as well as leaned Additional Government Advocate would submit that the entire original records will be sent to the office of the second respondent by the next date of hearing, which is scheduled on 06.05.2019. Their submission is also placed on record.
9. At this stage, learned Additional Government Advocate would submit that if necessary direction is issued to the Deputy Commissioner, Bengaluru, to send the original file bearing No.N.DIS.LND.448/62-63 pertaining to the land in question, the said file will also be sent to the office of the second respondent, where the aforesaid RRT proceedings are pending.
10. In that view of the matter, it is made clear that the learned Additional Government Advocate as well as Sri Manjunath B.R., Tahasildar, Yelahanka, Bengaluru North (Additional) Taluk, who is present before this Court, shall communicate this order to the Deputy Commissioner of Bengaluru, to send the entire file bearing No.DIS.LND.448/62-
63 to the office of the second respondent. Deputy Commissioner shall ensure that the said file reaches the office of the second respondent on or before 06.05.2019, on which day, the second respondent – Special Deputy Commissioner, Bengaluru North Taluk, shall take up the matter along with the original file to be received from the office of the Deputy Commissioner, Bengaluru, and also the original records to be received from the office of Tahasildar, Devanahalli, and thereafter, to dispose of the proceedings in RRT.15/2010-11 (RRT.(2).N(A).CR.15/2010-11) within 45 days from the said date.
11. Accordingly, this writ petition is disposed of.
12. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma