Karnataka High Court
Shri. Satish S/O Suresh Sakhare, vs The Assistant Director Of Land Records on 7 March, 2012
Author: B.S.Patil
Bench: B.S.Patil
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH AT DHARWAD
DATED THIS THE 7
T H
DAY OF MARCH 2012
BEFORE
THE HON'BLE MRJUSTICE B.SPATIL
W.PNo65485/2O1O (KLR-RES)
BETWEEN:
1. Shri Satish,
Sb Suresh Sakhare,
Age: 38 years,
Dcc: Business.
Rio. CCB No.3,
Markandeye Nagar,
Belgaum.
2. Smt Mrinaiini,
W/o Satish Sakhare,
Age: 34 years, 0cc: Service.
R/o CCB No.3, Markandeye Nagar,
Belgaum. .. PETITIONERS
(By Sri Srikant R. Sattigeri, Adv)
AND:
1. The Assistant Director of Land Records
And the City Survey Officer,
Belgaum-590 002.
2. The Joint Director of Land Records,
Belgaum-590 002. ...RESPONDENTS
(By Smt K. Vidyavati, AGA for R-1 and
RO-2)
This writ petition is flied under Articies 226 & 227
of the Constitution of India, praying to quash the orde
r
dated 7.12.2009 passed by the respondent No.1 in
proceedings No.CTSIMUT/SR/363/09-10 produced
at
Annexure-B and the order dated 25.3.2010 passed
by
the respondent No.2 in proceedings No.REVISR/77
-
2009-10 produced at Annexure-C, and etc.
This writ petition coming on for preliminary
hearing-B group, this day, the Court made the
foiiowing :-
ORDER
Respondents 1 and 2 have been served but they have remained un-represented. Learned Additional Government Advocate takes notice for them.
2. Learned Counsel for the petitioners is not present. In the circumstances, I have heard the iearn ed Additional Government Advocate and perused the materials on record.
3. In this writ petition, petItioners are aggrieved by the endorsement dated 07.12.2009 Issued by the 1 respondent-Assistant Director of Land Reco rds and the City Survey Officer, Beigaum, vide anne xure-B, and also the order dated 25.3.2010 passed by 2 nid the respondent-Joint DIrector of Land Records, Beig aum, 44;' 3 vide Annexure-C, thereby confirming the endorse ment issued by the V respondent-ADLR.
4. PetItioners filed a petition before the Assistant Director of Land Records and the City Survey Officer, Belgaum, requesting for cancellation of sub division numbers assigned to property bearing as No.4842-8/23 as as Nos.4842-B/23A, 4842-8/238, 4842-B/23C and 4842-8/23D and seeking restora tion of original as number to these properties, contending that the suit properties were purchased by the petitioners and they have become the owners of the 4 properties which were sub-divided based on a par tition effected in the family of the previous owners.
Petitioners contend that as they had purchased all these 4 properties under one sale deed and had become owners of the entire property which had bee n earlier given as No.4842-8/23, the sub-numbers may be dispensed with and the consolidated as number that was assigned to the property before the sub
-division may be restored.
45. The 1 respondent - ADLR without hearing the petitioners and without assigning any reas ons, has rejected the request, by issuing the impugned endorsement dated 7.12.2009. ThIs was taken In appeal before the 2d respondent-Joint Director of Land Records, Belgaum. The said appeal has been dismissed by the 2d respondent only on the ground that, as the provisions of the Karnataka Prevention of Con solidation of Holdings and Fragmentation Act, 1966, had been repealed and as different sale deeds had bee n executed In favour of the petitioners, there was no provision for restoring the consolidated CTs number and therefore, the appeal was liable to be dismissed. Agg rieved by these two orders, the present writ petitIon is flied.
6. I have heard the learned AddI. Government Advocate and perused the entire materials on record.
7. As already noticed above, the 1 respondent-ADLR has not assigned any reasons for Issuing the Impugned endorsement Annexure-B rejecting the request of the petitioners.
The 2 respondent - Joint Director of Land Records, has only stated that in view of the repeal of the provisions contained under the Karnataka Prevention of Consolidation of Holdings and Fragmentation Act, the request of the petitioners could not be granted. It is clear from the petition averments, that the petitioners have purchased different bits of property which was originally part of CTS No.4842-B/23. The said CTS number was subsequently sub-divided between the family members upon partition. Petitioners have purchased different bits from the owners. They have made a request before the competent authority, viz., ADLR, to assign a common number, preferably, by restoring the previous one. The 1 s t respondent-ADLR ought to have considered the request in accordan ce with law and passed a reasoned order. He has chosen to reject the request by issuing the impugned endorsement, which is bereft of any reasons.
8. The 2' respondent- Joint Director of Land Records has also not assigned any reason to rejec t the request of the petitioners, except saying that the 6 provisions of Karnataka Prevention of Con solidation of Holdings and Fragmentation Act, 1966, comes In the way of the petitioners. There is no disc ussion in the order, as to how the repeal of the said pro vision enables rejection of the request made by the peti tioners. There is no discussion whatsoever by the auth orities as to whether there is any impediment for assigning a consolidated number as requested by the owners in view of the facts and circumstances of the case.
9. Petitioners have relied upon the provisi ons of Section 140 of the Kamataka Lan d Revenue Act, 1964, in support of their contention. It is unnecessary to consider this contention, as it is for the authorities to find out whether the case faiis under the four corners of Section 140 of the Karnataka Land Revenu e Act or as to whether there is any impediment for the authorities to make such consolidation.
10. Keeping open the contentions urged on the merits of the matter, the writ petition is aiiowed. The Impugned orders are set aside. The matter is remanded 7 1 s t to the respondent for reconsideration in accordance with law after affording opp ortunity to the petitioners.
11. Learned Addl. Government Advocate is permitted to file Memo of ap pearance in three weeks.
Sd! jUDG Sub!