IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NO.42504/2019 (KLR-RES) BETWEEN:
SMT. ZAREENA W/O. SRI KAUSAR KHAN AGED ABOUT 41 YEARS, R/AT ADEGARAHALLI VILLAGE, MADIKALLU HOBLI, CHIKKABALLAPUR TALUK, CHIKKABALLAPUR DISTRICT-562 101 (BY SRI.N.GANAPATI BHAT, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT, VIDHANA SOUDHA, BENGALURU-560 001 2. THE DEPUTY COMMISSIONER CHIKKABALLAPPURA TALUK, CHIKKABALLAPURA -562 101 (BY SRI.Y.D.HARSHA, AGA) ... PETITIONER ... RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ENDORSEMENT DATED 02.07.2019, PASSED BY THE DEPUTY COMMISSIONER I.E., R-2 AS PER ANNX-F.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Though matter is listed for preliminary hearing, by consent of learned Advocates appearing for parties it is taken up for final disposal.
2. Heard Sri. Ganapathy Bhat, learned counsel appearing for petitioner and Sri.Y.D.Harsha, learned AGA appearing for respondents. Perused the records.
3. Petitioner herein came to be granted 3 Acres land in (old Sy.No.43) New Sy.No.136 of Chikkanagavalli village, Mandikallu Hobli, Chikkaballapura Taluk on 28.06.2011-Annexure-A which has been confirmed and TT fine has been received from petitioner. The entire sale price of land has been paid through Challan vide Annexure-B1 pursuant to which Saguvali chit also came to be issued on 06.09.2012 -Annexure-C. Revenue records have also been mutated in the name of petitioner in respect of said land.
4. An application came to be submitted by petitioner on 21.10.2017 to the jurisdictional Tahsildar seeking permission to sell said property contending that amount accrued from the sale is required to be expended medical treatment of her husband and also for education of her son, enclosing therewith the agreement of sale dated 23.07.2018 and other documents vide Annexures-D to D-3. Village Accountant and Revenue Inspector have submitted a report enclosing statement of villagers which was forwarded to the second respondent vide Annexures-E and E-1. On 27.07.2018, jurisdictional Tahsildar has submitted his report to Assistant Commissioner, who in turn has forwarded his report to the second respondent on 14.08.2018 expressing no objection for petitioner selling the property. However, second respondent under the impugned endorsement dated 02.07.2019 has declined to grant permission on the ground that land was granted with a condition not to sell the property for a period of 25 years and only 6 years 8 months had lapsed and therefore permission is not required to be granted. On the ground that petitioner belongs to a Muslim community, she is seeking for permission to sell the property.
5. At this juncture, learned counsel appearing for petitioner would submit that petitioner may be permitted to withdraw the writ petition with liberty to submit application/representation afresh before second respondent. Memo is filed to the said effect and same is placed on record. Accordingly, writ petition stands dismissed as withdrawn with liberty to file fresh representation before second respondent and it is made clear that in the event of such fresh application is submitted, second respondent shall consider the same on merits and in accordance with law without being influenced by earlier order of rejection.
SD/- JUDGE DR