Smt. Indrakshi Devi vs The State Of Karnataka on 3 January, 2022

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Karnataka High Court

Smt. Indrakshi Devi vs The State Of Karnataka on 3 January, 2022

Bench: R. Devdas

                           1




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 03RD DAY OF JANUARY, 2022

                        BEFORE

          THE HON' BLE MR.JUSTICE R. DEVDAS

     WRIT PETITION NO.18829 OF 2021 (KLR-RES)

BETWEEN

1.     SMT. INDRAKSHI DEVI
       W/O R.RAJA CHANDRA,
       AGED ABOUT 65 YEARS,
       R/AT NO.241, 15TH MAIN ROAD,
       RAJ MAHAL VILAS EXTENSION,
       BENGALURU-560 080.
       REPRESENTED BY HER GPA HOLDERS

2.     SRI.PRASANNA KUMAR J.A.
       W/O J.B.AJJE GOWDA,
       AGED ABOUT 62 YEARS,
       R/AT NO.99, "MUNGARU",
       5TH CROSS, 2ND MAIN,
       NEAR CBI OFFICE, GANGA NAGAR,
       BANGALORE-560 032.

3.     SRI.HARISH RAO.S
       S/O SUKEENDRA RAO,
       AGED ABOUT 41 YEARS,
       R/AT NO.1860, 2ND MAIN,
       2ND CROSS, K BLOCK,
       KUVEMPU NAGAR,
       MYSURU-570 023               ...PETITIONERS


(BY SRI. G S KANNUR, SR. COUNSEL FOR
 SRI. MURUGESH V CHARATI, ADVOCATE)
                            2




AND

1.    THE STATE OF KARNATAKA
      DEPT. OF REVENUE,
      M.S.BUILDING,
      DR AMBEDKAR VEEDHI,
      BANGALORE-560 001,
      REPRESENTED BY ITS
      PRINCIPAL SECRETARY

2.    THE DEPUTY COMMISSIONER
      MYSORE DISTRICT,
      MYSORE-570 001.

3.    THE TAHSILDAR
      MYSORE TALUK,
      MYSORE-570 001.                  ...RESPONDENTS

(BY SRI R SRINIVAS GOWDA, AGA FOR R1 TO R3)


      THE WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF CONSTITUTION OF INDIA PRAYING TO
QUASH   THE     IMPUGNED   ORDER    NO.RRT.540/2014-15
DTD.26.5.2015 WHICH IS PRODUCED AND MARKED AS
ANNEXURE-A IN SO FOR AS IT PERTAINS TO THE
PROPERTY   OF    THE   PETITIONER   MEASURING   TO   AN
EXTENT OF 100 ACRES 32 GUNTAS OUT OF THE SY NO.4
SITUATED AT KURBARAHALLI VILLAGE, KASABA HOBLI,
MUSURU TALUK AND ETC.,


      THIS WRIT PETITION COMING FOR ADMISSION ON
THIS DAY, THE COURT MADE THE FOLLOWING:
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                           ORDER

Learned Senior 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.No.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 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 4 No.540/2014-2015, which is the order impugned in this writ petition.

2. Learned Senior 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.

3. Learned AGA does not dispute the fact that the impugned order passed by the Deputy Commissioner in RRT No.540/2014-2015 has already been set aside by the co-ordinate bench.

4. 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.

5. Accordingly, the following :ORDER:

(i) The writ petition is allowed. The impugned 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 orders, the revenue entries including mutation wherever effected in the name of "Government' pursuant to the impugned order is hereby set aside.

(iii) The revenue authorities/municipal authorities to consider making appropriate entries in the name of the petitioner upon representation being made 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 representation of the petitioner to be 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.

Sd/-

JUDGE KLY/-

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