Karnataka High Court
Sri.Javarappa vs The State Of Karnataka on 25 February, 2022
Author: R Devdas
Bench: R Devdas
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR.JUSTICE R DEVDAS
WRIT PETITION NO.24292 OF 2021 (KLR-RES)
BETWEEN:
SRI.JAVARAPPA
S/O LATE CHIKKAIAH
AGED ABOUT 85 YEARS,
R/AT NO.1094 4TH CROSS
TANK BUND ROAD
SIDDAPPAJI TEMPLE ROAD
ITTIGEGUDU MYSORE -570010
....PETITIONER
(BY SRI.MANJUNATH G KANDEKAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REVENUE DEPARTMENT M S BUILDING
DR AMBEDKAR VEEDHI
BENGALURU-560001
REPRESENTED BY ITS SECRETARY
2. THE DEPUTY COMMISSIONER
MYSORE DISTRICT
MYSORE-571129
3. THE TAHSILDAR
MYSORE HUNASUR ROAD
MYSORE-571105
....RESPONDENTS
(BY SRI. R. SRINIVAS GOWDA, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO DIRECT THE RESPONDENTS TO CONSIDER
THE REPRESENTATION DTD. 22.09.2021, 25.10.2021
AND 30.11.2021 AS PER ANNX-A TO A-2 AND RESTORE
THE NAME OF THE PETITIONER IN THE RTC AND ALL
OTHER REVENUE RECORDS PERTAINS TO SCHEDULE
PROPERTY AND ETC.
THIS WRIT PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R. DEVDAS J., (ORAL):
Learned Additional Government Advocate takes notice for all the respondents.
2. Learned counsel appearing for the petitioner brings to the notice of this Court that the issue stands covered by a decision of a Co-ordinate Bench of this Court in W.P.Nos.22658-22662/2015 and connected matters, which were decided on 19.06.2020. It is submitted that the petitioners were aggrieved of orders passed by the Deputy 3 Commissioner, Mysuru in RRT Nos.540/2014-2015, 541/2014-2015 and 542/2014-2015, whereby it was held that the lands in which the petitioners claim right and interest were originally 'B-kharab' i.e., Government lands reserved for public purpose, and accordingly consequential directions were issued to the Tahsildar to cancel the kathas i.e., mutation entries standing in the name of the petitioners. The co-ordinate bench set aside the impugned orders passed by the Deputy Commissioner including RRT No.540/2014-2015, which is the order impugned in this writ petition.
3. Learned counsel would further submit that the order of the Co-ordinate Bench was tested by the State Government right up to the Hon'ble Supreme Court and the respondent - State Government has been unsuccessful.
4. Learned AGA does not dispute the fact that the impugned order passed by the Deputy 4 Commissioner in RRT No.540/2014-2015 has already been set aside by the co-ordinate bench.
5. Consequently, this Court proceeds to pass similar orders as passed by the co-ordinate bench in W.P.Nos.22658-22662/2015 and connected matters dated 19.06.2020.
6. Accordingly, the following:
ORDER
(i) The writ petition is allowed. The order passed by the respondent -
Deputy Commissioner in RRT No.540/2014-15 dated 26.05.2015 is hereby quashed and set aside in so far as the schedule properties are concerned.
(ii) Consequent to setting aside of the impugned order, the revenue entries including mutation wherever effected in the name of "Government' pursuant to the impugned order is hereby set aside.5
(iii) The revenue authorities/municipal authorities to consider making appropriate entries in the name of the petitioner as per the representations at Annexures 'A', 'A1' and 'A2' in accordance with law and as per the applicable procedure, in the light of the findings made in this order.
(iv) Other consequential orders pursuant to setting aside of the impugned order may be considered in accordance with law as per the procedure prescribed on the basis of representations of the petitioner made pursuant to the findings recorded in this order.
(v) The entry 'B Kharab' wherever found in the revenue record of the petitioner to be deleted in light of setting aside of the impugned order dated 26.05.2015 passed by the Deputy Commissioner in RRT No.540/2014-2015.6
Learned AGA is permitted to file memo of appearance within a period of four weeks from today.
Sd/-
JUDGE BH