Karnataka High Court
Sri. Kantharaj vs The Deputy Commissioner on 10 April, 2024
Author: R Devdas
Bench: R Devdas
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NC: 2024:KHC:14594
WP No. 23055 of 2023
C/W WP No. 16656 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO. 23055 OF 2023 (KLR-RES)
C/W
WRIT PETITION NO. 16656 OF 2023 (KLR-RR/SUR)
IN W.P. 23055/2023
BETWEEN:
SRI. KANTHARAJ
S/O LATE GANGADHARGOWDA
AGED ABOUT 40 YEARS,
R/AT VADERAPURA VILLAGE
KASABA HOBLI
NAGAMANGALA TALUK
MANDYA DISTRICT-571432
...PETITIONER
Digitally signed
by
DHARMALINGAM (BY SRI. R SRINIVASA GOWDA., ADVOCATE)
Location: HIGH
COURT OF
KARNATAKA AND:
1. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA-571401
2. THE ASSISTANT COMMISSIONER
PANDAVAPURA SUB DIVISION
PANDAVAPURA
MANDYA DISTRICT
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NC: 2024:KHC:14594
WP No. 23055 of 2023
C/W WP No. 16656 of 2023
MANDYA-571401
3. THE TAHSILDAR
NAGAMANGALA TALUKA
MANDYA DISTRICT-571431
4. ASSISTANT DIRECTOR OF LAND RECORDS
NAGAMANGALA TALUKA
MANDYA DISTRICT-571432
5. DEPUTY DIRECTOR OF LAND RECORDS
NAGAMANGALA TALUKA
MANDYA DISTRICT-571432
6. SHRI L M NANDEESH
ASSISTANT COMMISSIONER
PANDAVAPURA SUB DIVISION
PANDAVAPURA
MANDYA DISTRICT-571401
7. MR C N MADHU KUMAR
S/O C R NAGARAJU
MAJOR IN AGE,
KASABA HOBLI,
NAGAMANGALA TALUK-571432
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5
SRI. GANANPATI BHAT VAJRALLI, ADVOCATE FOR R7
R6 SERVED- UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
ORDER DTD 26/09/2023 PASSED BY THE R-2 IN
RRTCR/1017/2023-24 AS PER ANNEXURE-Q TO THE WP AND
DIRECT TO INITIATE CRIMINAL PROCEEDINGS UNDER SEC 340
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NC: 2024:KHC:14594
WP No. 23055 of 2023
C/W WP No. 16656 of 2023
OF THE CPC CODE AGAINST THE R-6 IN ORDER TO UPHOLD
THE MAJESTY OF THE ORDERS PASSED BY THIS HONBLE
COURT AND ETC.,
IN W.P. 16656/2023
BETWEEN
SRI KANTHARAJ
S/O LATE GANGADHARAGOWDA
AGED ABOUT 40 YEARS
R/AT VADERAPURA VILLAGE
KASABA HOBLI
NAGAMANGALA TALUK
MANDYA DIST 571432
...PETITIONER
(BY SRI. R SRINIVASA GOWDA, ADVOCATE)
AND
1. THE DEPUTY COMMISSIONER
MANDYA DISTRICT
MANDYA 571401
2. THE ASSITANT COMMISSIONER
PANDAVAPURA SUB DIVISON
PANDAVAPURA
MANDYA DISTRICT 571401
3. THE TAHSILDAR
NAGAMANGALA TALUK
MANDYA DISTRICT 571431
4. ASSISTANT DIRECTOR OF
LAND RECORDS
NAGAMANGALA TALUK
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NC: 2024:KHC:14594
WP No. 23055 of 2023
C/W WP No. 16656 of 2023
MANDYA DISTRICT 571432
5. DEPUTY DIRECTOR OF LAND RECORDS
MANDYA DISTRICT
MANDYA -571401
6. SRI T N CHADNRASHEKAR
S/O T M NARAYANAGOWDA
AGED ABOUT 41 YEARS
R/AT NO 130
THRIGUNANAHALLI VILLAGE
HONNEKERE HOBLI
NAGAMANGALA TALUKA
MANDYA DISTRICT 571477
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R5
SRI. GANANPATI BHAT VAJRALLI, ADVOCATE FOR R7
R6 SERVED- UNREPRESENTED)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO
DIRECT TO THE R-1 TO 5 TO CONCLUDE THE PHODI AND
DURASTH PROCEEDINGS FURTHER FROM THE STAGE OF THE
COMMUNICATION DTD 23/02/2023 PENDING BEFORE THE R-5
DEPUTY DIRECTOR OF LAND RECORDS AS PER ANNEXURE-N
BEARING NO. LND CR 806/2022-23 TO THE WP AND ETC.,
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC:14594
WP No. 23055 of 2023
C/W WP No. 16656 of 2023
ORDER
R.DEVDAS J., (ORAL):
Initially, W.P.No.16656/2023 was filed by the petitioner seeking a writ of mandamus directing the respondent - revenue authorities and survey settlement authorities to clear the phodi and durasth proceedings from the stage of the communication dated 23.02.2023, when the proceedings were pending consideration before the Deputy Director of Land Records. However, subsequently the Tahasildar, Nagamangala Taluk made a communication dated 15.09.2023 to the Assistant Commissioner, Pandavapura Sub-division bringing to his notice the findings of the enquiry report dated 14.09.2023. In reference No.2, the Tahasildar opines that since the entries are made in the computerized pahani, the Tahasidlar will not be empowered to pass orders and therefore the Tahasidlar sought the permission of the Assistant Commissioner to proceed in terms of Section 136(2) of the Karnataka Land Revenue Act to remove the revenue entries made in favour of the petitioner's father -6- NC: 2024:KHC:14594 WP No. 23055 of 2023 C/W WP No. 16656 of 2023 Sri Gangadharagowda S/o Kempegowda in whose name 4 acres of land in Sy.No.11 of Vaderapura Village, Kasaba Hobli, Nagamangala Taluk was entered. On the same day, the Assistant Commissioner also passes an order directing the cancellation of mutation entries made in MR No.4/2022-23 and MR No.6/2022-23 while directing the Tahasildar to proceed to initiate action in terms of Rule 108(K) of the Karnataka Land Revenue Rules, 1966 against the three persons in whose name illegal entries is said to have been made, although there was no grant made in their favour. Therefore, second writ petition in W.P.No.23055/2023 is filed calling in question the orders passed by the Tahasildar as well as the Assistant Commissioner dated 26.09.2023 at Annexure-Q.
2. Learned counsel Sri Ganapathi Bhat Vajralli, appearing for the private respondents seeks to submit that an enquiry report was submitted by a committee which was constituted pursuant to the orders passed by the Deputy Commissioner on 14.09.2023. The enquiry report -7- NC: 2024:KHC:14594 WP No. 23055 of 2023 C/W WP No. 16656 of 2023 is placed on record along with the statement of objections filed at the hands of the private respondent as Annexure- R14. Learned counsel submits that it is clear from the enquiry report that grant was made only in favour of 9 persons in respect of 19 acres and 20 guntas totally and whereas subsequently records have been created to show as if grants were made in favour of 12 persons to an extent of 31 acres and 12 guntas. The learned counsel would therefore submit that the Assistant Commissioner has rightly directed initiation of proceedings under Rule- 108(K) of the Rules to cancel such illegal grants or the fabricated records, which will enable the authorities to consider the application filed by one of the contesting respondent i.e., respondent No.6 who is seeking grant of land on lease for mining purpose.
3. Per contra, learned counsel for the petitioners submits that the respondent authorities cannot unilaterally proceed to cancel the grant or remove the revenue entries and if such action is taken, this Court would strike down -8- NC: 2024:KHC:14594 WP No. 23055 of 2023 C/W WP No. 16656 of 2023 such action as one without authority of law and on the ground of denial of principles of natural justice. Moreover, it is pointed out that this Court has passed an interim order on 13.10.2023 in W.P.No.23055/2023 that the subsequent action on the part of the Tahasidlar and the Assistant Commissioner to cancel the mutation entries in terms of the impugned order at Annexure-Q dated 26.09.2023 would be seen as an action to water down the interim order granted earlier. Therefore this court ordered stay of Annexure-Q. Learned counsel submits that despite the order of stay being passed by this Court on 13.10.2023, the respondent - Tahasildar has proceeded to implement the orders passed by the Assistant Commissioner on 16.11.2023.
4. Having regard to the rival contentions, this Court is of the considered opinion that at this stage when the claim of the petitioner regarding the genuineness of the grant is still under consideration, no application can be entertained at the hands of the 6th respondent for granting -9- NC: 2024:KHC:14594 WP No. 23055 of 2023 C/W WP No. 16656 of 2023 lease of the land in question insofar as the land belonging to the petitioner is concerned. If the revenue authorities are to initiate action in terms of Rule 108(K) of the Rules, they may do so in accordance with law. All contentions will be left open for the petitioner to participate in the proceedings and have his say.
5. In that view of the matter, the impugned order passed by the Tahasildar as well as the Assistant Commissioner at Annexure-Q dated 26.09.2023 cannot be sustained.
6. Insofar as the phodi and durasth application filed by the petitioner is concerned, this Court is of the considered opinion that unless the cloud cast over the petitioner's title over the land in question is cleared, the revenue authorities or survey authorities are not to conduct the phodi and durast. They will have to await the outcome of the proceedings that would be initiated in terms of the Rule 108(K) as directed by the Assistant Commissioner.
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NC: 2024:KHC:14594 WP No. 23055 of 2023 C/W WP No. 16656 of 2023
7. Consequently, the following:
ORDER (1) W.P.No.16656/2023 is disposed of directing the petitioner to await the outcome of the proceedings that could be initiated under Rule 108(K) of the Rules, 1966.
(2) W.P.No.23055/2023 is allowed, while setting aside the impugned order at Annexure-Q dated 26.09.2023.
8. Needless to observe that if the 6th respondent is seeking grant of lease in respect of gomal portion of the land measuring 31 acres 27 guntas even in terms of the RTC at Annexure-F for the year 2022-23, the revenue authorities may proceed to consider the same but nothing should affect the right of the petitioner insofar as his lands are concerned. The mutation entries which were reverted in terms of order dated 16.11.2023 shall be restored back
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NC: 2024:KHC:14594 WP No. 23055 of 2023 C/W WP No. 16656 of 2023 in the name of the petitioner as it was prior to the said order, as expeditiously as possible and at any rate within a period of three weeks from the date of receipt of copy of this order.
Sd/-
JUDGE KLY CT: JL