Karnataka High Court
Savita W/O Mahesh Chavan vs The Tahasildar Mudhol on 19 November, 2021
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 19TH DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WP NO. 103208 OF 2021 (KLR/RES)
C/W. WP NOS.103209, 103210 OF 2021
IN WP NO. 103208 OF 2021:
BETWEEN
1 . RUKMAVVA W/O PUNDALIK JHADHAV
AGE. 54 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
2 . ANNAPURNA W/O NYAMDEV SHINDE
AGE. 51 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
3 . KASTURI W/O KRISHNAPPA MATOJI
AGE. 52 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
4 . SOMALINGAPPA S/O KAREAPPA CHINCHALI
AGE. 53 YEARS,
OCC. AGRICULTURE,
2
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
5 . SHEKHARASAB S/O SHIRAJSAB TAMBOLI
AGE. 52 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
6 . LAXMAN S/O YALLAPPA TALAWAR
AGE. 54 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
7 . NEELAVVA RAMAPPA KONNUR
AGE. 50 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
8 . BHARATI W/O KALMESH KOMAR
AGE. 51 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
9 . PRAKASH S/O SIDDAPPA NIMBALKAR
AGE. 51 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
10 . MADINAMA S/O SALEEM MULLA
3
AGE. 54 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
...PETITIONERS
(BY SRI.ANAND R KOLLI, ADV.,)
AND
1 . THE TAHASILDAR MUDHOL
DIST. BAGALKOT 587313.
2 . THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT,
NAGARAL,TQ. MUDHOL,
DIST. BAGALKOT 587313.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1;
SRI.BUSHAN S KULKARNI, ADV., FOR R2)
THIS WRIT PETITION IS FILED UNDER SECTIONS 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING THE IMPUGNED ENDORSEMENT DATED 14.6.2021
ISSUED BY THE RESPONDENT NO.1 AUTHORITY VIDE
ANNEXURE-N.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS,
DIRECTION TO THE RESPONDENT NO.1 AND 2 AUTHORITY TO
ISSUE AN ELECTRONIC ROR/ PROPERTY REGISTRAR CARD IN
PURSUANCE OF THE REGISTERED SALE DEED DATED.12.6.2020,
23.02.2020, 12.6.2020, 8.6.2020, 20,6.2020, 12.6.2020,
18.6.2020, 5.6.2020, 5.6.2020, 23.6.2020 VIDE ANNEXURE-J,
J1 TO J9 RESPECTIVELY.
4
IN WP NO 103209 OF 2021 :
BETWEEN
1 . SAVITA W/O MAHESH CHAVAN
AGE. 56 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
2 . RENUKA W/O SURESH JOGI
AGE. 54 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
3 . BAGAVVA W/O SANJU CHAVAN
AGE. 54 YARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
4 . GANGAVVA W/O YAMANAPPA MALALI
AGE. 53 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
5 . BANDAVVA W/O PARASHURAM MALALI
AGE. 53 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
6 . KADAPPA S/O RAMAPPA KONNUR
5
AGE. 56 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
7 . GEETA W/O HANUMANTA JOGI
AGE. 54 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
8 . MALA W/O VENKATESH SHIMPI
AGE. 50 YEAR,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
9 . BASAVVA W/O NAGAPPA SHETTY
AGE. 54 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
10 . SHARAVVA W/O HANAMANTA AENAD
AGE. 57 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
...PETITIONERS
(BY SRI.ANAND R KOLLI, ADV.,)
AND
1 . THE TAHASILDAR MUDHOL
6
DIST. BAGALKOT,
PIN CODE. 587313.
2 . THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT, NAGARAL,
TQ. MUDHOL,
DIST. BAGALKOT,
PIN CODE. 587313.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1;
SRI.BUSHAN S KULKARNI, ADV., FOR R2)
THIS WRIT PETITION IS FILED UNDER SECTIONS 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI
QUASHING THE IMPUGNED ENDORSEMENT DATED 14.6.2021
ISSUED BY THE RESPONDENT NO.1 AUTHORITY VIDE
ANNEXURE-N.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS,
DIRECTION TO THE RESPONDENT NO.1 AND 2 AUTHORITY TO
ISSUE AN ELECTRONIC RECORD OF RIGHTS (R-O-R)/ PROPERTY
REGISTRAR CARD IN PURSUANCE OF THE REGISTERED SALE
DEED DATED.12.6.2020, 23.02.2020, 12.6.2020, 8.6.2020,
20,6.2020, 12.6.2020, 18.6.2020, 5.6.2020, 5.6.2020,
23.6.2020 VIDE ANNEXURE-J, J1 TO J9 RESPECTIVELY.
IN WP NO 103210 OF 2021 :
BETWEEN
1 . SMT. SUNDRAVVA W/O. MARUTI CHAVAN
AGE. 51 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313.
7
2 . SHOBHA W/O CHINNAYYA MATHAPATI
AGE. 51 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
3 . AMBIKA W/O YALLAPPA AVARADI
AGE. 52 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
4 . DANAVVA W/O SADASHIV MATHAD
AGE. 50 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
5 . CHANNAPPA S/O GURUPAD SHIROL
AGE. 53 YERS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
6 . SUNANDA W/O PARAMANAND CHAVAN
AGE. 52 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
7 . MAHANAND S/O ISHWAR SHIROL
AGE. 54 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
8
DIST. BAGALKOT 587313
8 . RAJAKUMAR S/O KADAPPA AVARADI
AGE. 50 YEARS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
9 . SAVITRI W/O BASAPPA JIRAGAL
AGE. 56 EYARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
10 . SHABHIDA W/O LALSAB TAMBOLI
AGE. 53 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
11 . HASINA W/O SAIDUSAB TAMBOLI
AGE. 51 YEARS,
OCC. HOUSEHOLD AND COOLIE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
12 . IMAMBI S/O SHIRAJSAB TAMBOLI
AGE. 53 YERS,
OCC. AGRICULTURE,
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,
DIST. BAGALKOT 587313
13 . KASTURI W/O RAMAPPA SANKRATTI
AGE. 50 YEARS,
OCC. HOUSEHOLD AND COOLIE,
9
R/O. AKKIMARADI VILLAGE,
TQ. MUDHOL,DIST. BAGALKOT 587313
...PETITIONERS
(BY SRI.ANAND R KOLLI, ADV.,)
AND
1 . THE TAHASILDAR MUDHOL
DIST. BAGALKOT 587313.
2 . THE PANCHAYAT DEVELOPMENT OFFICER
GRAM PANCHAYAT,NAGARAL,TQ. MUDHOL,
DIST. BAGALKOT 587313.
...RESPONDENTS
(BY SMT.GIRIJA S HIREMATH, HCGP FOR R1;
SRI.BUSHAN S KULKARNI, ADV., FOR R2)
THIS WRIT PETITION IS FILED UNDER SECTIONS 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO:
A) ISSUE A WRIT IN THE NATURE OF CERTIORARI QUASHING
THE IMPUGNED ENDORSEMENT BEARING DATE 14.6.221
ISSUED BY THE RESPONDENT NO.1 AUTHORITY VIDE
ANNEXURE-N IN THE INTEREST OF JUSTICE AND EQUITY.
B) ISSUE A WRIT IN THE NATURE OF MANDAMUS, DIRECTION
TO THE RESPONDENT NO.1 AUTHORITY TO ISSUE AN
ELECTRONIC ROR/ PROPERTY REGISTRAR CARD IN PURSUANCE
OF THE REGISTERED SALE DEED DATED 20.06.2020,
08.06.2020, 08.06.2020, 23.06.2020, 05.06.2020, 17.06.2020,
20.06.2020, 10.06.2020, 23.06.2020, 03.06.2020, 03.06.2020,
08/0612.6.2020, 23.02.2020, 12.6.2020, 8.6.2020, 20.6.2020,
12.6.2020, 18.6.2020, 5.6.2020, 5.6.2020, 23.6.2020 VIDE
ANNEXURE-J, J1 TO J9 RESPECTIVELY, IN THE INTEREST OF
JUSTICE AND EQUITY.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
10
ORDER
Since issue involved in these present writ petitions are identical, they are taken up together and disposed of by a common order.
2. Petitioners who belong to economically weaker section of the society were allotted with houses and thereafter, the petitioners submitted applications with the 1st respondent Tahasildar to mutate their names in the property extract register maintained by the 2nd respondent. The 1st respondent Tahasildar rejected the applications stating that there are some litigations pending before this Court and, however, the 1st respondent Tahasildar is not furnishing any particulars with regard to pendecy of the litigations before this Court. Hence, this writ petition.
3. Learned counsel for petitioners would submit that Tahasildar after executing registered sale deeds is under obligation to instruct the 2nd respondent to enter the name of the petitioners as owners in possession of the properties in question, in the property register maintained by respondent No.2. The impugned communication dated 14/6/2021 issued by the 1st respondent is 11 contrary to Section 128 of the Karnataka Land Revenue Act, 1964 (for short the 'Act').
4. On the other hand, learned AGA appearing for respondent No.1 submits that the impugned communication issued by the 1st respondent is perfectly illegal in view of litigations pending before this Court. Hence sought for dismissal of the writ petitions.
5. I have considered the submission made by the learned counsel for parties.
6. Admittedly the respondent Tahasildar has executed a registered sale deeds in favour of the petitioners under Section 128 of the Act, the 1st respondent is under obligation to report acquisition of the rights, by these petitioners, to the 2nd respondent. However, the 1st respondent has rejected the applications submitted by the petitioners stating that there are certain litigations pending before the High Court, though particulars of the same is not forthcoming in the impugned communication. In the absence of any order of restraint, the respondent No.1 is duty bound to report the acquisition of rights by these petitioners. 12 Hence, the impugned communication issued by respondent No.1 is contrary to Section 128 of the Act and the same is not sustainable in law. Accordingly, the following:
ORDER
i) The writ petitions are allowed.
ii) The impugned communications dated 14/6/2021 at Annexure-N in all the writ petitions are hereby quashed.
iii) Respondent No. 1 is hereby directed to instruct the 2nd respondent to enter the name of the petitioners in respect of the properties in question, in the property register maintained by the 2nd respondent, in pursuance of the registered sale deeds executed by respondent No.1 in favour of petitioners.
iv) The said exercise shall be completed within a period of 2 months from the date of receipt of certified copy of this order.
Sd/-
JUDGE Vb/-