Karnataka High Court
Nalini Dwarkanath vs State Of Karnataka on 18 December, 2020
Author: B.M.Shyam Prasad
Bench: B. M. Shyam Prasad
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER 2020
BEFORE
THE HON'BLE MR. JUSTICE B. M. SHYAM PRASAD
WRIT PETITION NO. 25787/2019 (KLR/RES)
BETWEEN :
1. NALINI DWARKANATH
W/O LATE SRI C. M. DWARKANATH
AGED ABOUT 57 YEARS,
2. C. M. NIVEDITA DWARKANATH
DAUGHTER OF LATE SRI C. M. DWARKANATH
AGED ABOUT 37 YEARS
3. C. M. DARSHAN DWARKANATH
SON OF LATE SRI C. M. DWARKANATH
AGED ABOUT 35 YEARS,
ALL R/AT NO 1261,
DEVI KRUPA 3RD MAIN ROD,
BEML 3RD STAGE, RAJA RAJESHWARI NAGAR
BENGALURU - 560 098.
... PETITIONERS
(BY SRI. JEEVAN KUMAR B S., ADVOCATE (VC))
AND :
1. STATE OF KARNATAKA
REPRESENTED BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE,
2
VIDHANA SOUDHA
BENGALURU - 560 001.
2. THE DEPUTY DIRECTOR OF LAND RECORDS
MYSORE DIVISION
MYSORE - 570 001.
3. THE ASST. DIRECTOR OF LAND RECORDS
MANDYA SUB-DIVISION
MANDYA - 571 401.
4. THE DEPUTY COMMISSIONER
MANDYA SUB-DIVISION
MANDYA - 571 401.
5. THE ASSISTANT COMMISSIONER
MANDYA SUB-DIVISION
MANDYA - 571401.
6. THE TAHSILDAR
MALAVALLI TALUK
MANDYA DISTRICT
MANDYA - 571 430.
... RESPONDENTS
(BY SRI.SANDESH KUMAR, HCGP FOR R.1 TO R.6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE
RESPONDENT NOS.2, 3, 5 AND 6 TO COMPLY WITH THE
DIRECTIONS GIVEN BY THE DEPUTY COMMISSIONER MANDYA
IN APPEAL NO. 22/2011 AND 26/2013 DATED 15.12.2015
(ANNEXURE-D) WITHIN A STIPULATE PERIOD OF TIME.
THIS WRIT PETITION COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
3
ORDER
The petitioners' principal grievance is the failure to comply with the directions given by the fourth respondent viz., the Deputy Commissioner, Mandya Sub-divison, Mandya in appeal Nos.22/2011 and 26/2013 which are disposed of on 15.12.2015.
2. It is seen that the Division Bench of this Court in the earlier round of litigation in Writ Appeal No.5132/1997 issued certain directions for survey of the land in Sy.No.159 of Maragowdanahalli village, Halaguru Hobli, Malavalli Taluk, Mandya District and it is after the order of the Division Bench of this Court, the Deputy Commissioner, in the aforesaid proceedings, has issued the directions as aforesaid. During the pendency of this writ petition, in compliance with the interim directions of this Court, two affidavits are filed by the Assistant Commissioner. In the first affidavit filed by Sri.Suraj, the incumbent Assistant Commissioner, Mandya 4 as of that day, he has stated that pursuant to the directions by the Deputy Commissioner in the aforesaid proceedings a report has been filed on 28.9.2020 and a decision is still awaiting. When this Court on 12.10.2020 queried the learned Additional Government Advocate as regards the Division Bench's direction to conduct survey in the manner indicated therein, it was stated that appropriate clarificatory affidavit would be filed. Thereafter, the second affidavit is filed by the present incumbent Assistant Commissioner, Mandya, which reads as follows:
"The Deputy Commissioner Mandya has passed the impugned order in Case No.Melmanavi (Bhumapana):22/2011 & 26/2013, wherein the Deputy Commissioner Mandya passed an order to form a committee on 15.12.2015.
The Committee consisted of Assistant Commissioner of Mandy, Assistant Director of Land Records and Tahsildar Malavalli to make an enquiry as per 141 and 142 of Karnataka Land Revenue Act, 1964. As per the Deputy 5 Commissioner's order, the committee conducted an enquiry after giving notice to all khathadars subsequently enquiry w conducted and sketch was prepared as per possession of the kathedar. The committee had given a report to Deputy Commissioner Mandya on 28.9.2020.
I would humbly bring to the kind notice of this Court that since the disputed land is approximately 299 acres with multiple khathedaras, hence presently the survey according to this Hon'ble Court's order is pending with the higher Revenue authority than the deponent.
Therefore, presently the matter is pending before Deputy Commissioner Manyda for subsequent instruction to the DDLR office, the higher survey authority to make survey as per the document and direction of the Division Bench of Hon'ble High Court of Karnataka in W.A.No.5132/1997 as per Sec.143 of Karnataka Land Revenue Act, 1964."
3. It is obvious from the contents of these affidavits that a Committee is constituted to hold inquiry and submit report 6 after notice to all the khathedars and the Committee has submitted its report to the Deputy Commissioner on 28.9.2020 but the exercise is yet to be completed. The Deputy Commissioner will have to ensure that the survey is completed in consonance with the direction of the Division Bench of this Court in Writ Appeal No.5132/1997, disposed of on 29.10.1998. In response to a specific query by this Court, Sri Sandesh Kumar, learned High Court Government Pleader submits that appropriate decision in this regard would be taken within a reasonable period of time keeping in mind the directions of the Division Bench of this Court in Writ Appeal No.5132/1997.
4. In the circumstances mentioned above, no orders could be made except for disposing of the writ petition directing the Deputy Commissioner, Mandya District, Mandya to complete the survey exercise of the land in Sy.No.159 of Maragowdanahalli village, Halaguru hobli, Malavalli Taluk, 7 Mandya District in the light of the directions issued by the Division Bench of this Court in Writ Appeal No.5132/1997 and complete such exercise within six months from the date of receipt of a certified copy of this order.
With the above direction, the writ petition is disposed of.
SD/-
JUDGE SA/-
Ct:sr