Karnataka High Court
Mohammed Ubedulla S/O Mohammed Moulana vs The Deputy Commissioner & Ors on 11 October, 2018
Author: S.Sujatha
Bench: S.Sujatha
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF OCTOBER 2018
BEFORE
THE HON'BLE MRS.JUSTICE S.SUJATHA
W.P.NO.202426/2014 (KLR-RES)
Between:
Mohammed Ubedulla
S/o Mohammed Moulana
Aged about 50 Years
Occ: Agriculture and
Private Service
R/o Shahabad,
Taluka Chittapur
... Petitioner
(By Sri Gurubasava B. Nayak, Advocate)
And:
1. The Deputy Commissioner,
Gulbarga
2. The Asst. Commissioner
Sedam
3. The Tahasildar
Chittapur
4. The Revenue Inspector
Shahabad, Taluka Chittapur
2
5. The Village Accountant
Shahabad, Taluka Chittapur
... Respondents
(By Smt. Arati Patil, HCGP)
This writ petition is filed under Articles 226 and 227 of the
Constitution of India, praying to issue a writ of certiorari to quash
the impugned order of the Deputy Commissioner Gulbarga in File
No.REV/Appeal/39/2012-13 dated 07/01/2014 as per Annexure-
K.
This petition coming on for preliminary hearing in ' B' Group,
this day, the court made the following:-
ORDER
The petitioner has assailed the order of the Deputy Commissioner, Kalaburagi dated 07.01.2014 whereby the revision petition filed by the petitioner under Section 136 (3) of the Karnataka Land Revenue Act, 1964 ('Act' for short) has been rejected.
2. It is contended by the petitioner that the lands in Sy.No.15, measuring 27 acres 26 guntas and Sy.No.16, measuring 24 acres 30 guntas, both situated at Shahabad, Tq. Chittapur are the granted lands by the Government under the Qibala (certificate of assignment of land) in the name of Abdul Aziz Khan S/o Noor Mohammed Khan and Sardar 3 Khan S/o Mohammed Shafi Khan. Thereafter, the said grantees made gift in the name of Mohammed Moulana Hassan Sab. Subsequently, the said lands are gifted in the name of the petitioner as per the gift deed dated 20.06.2005. Accordingly, the petitioner approached the revenue authorities to incorporate the name of the Al-Shams Charitable Trust ('Trust' for short) in the ROR which was created in the interest of the public by the petitioner and the petitioner is the Secretary of the said Trust. The request of the Trust for the change of revenue entries not being considered, W.P.Nos.80014/2011 and 80586/2011 were filed before this Court and the same were disposed of with a direction to the revenue authorities to consider the representation of the petitioner within a period of three months from the date of receipt of the said order. However, the same not being complied with, contempt petition was filed which also came to be disposed of. However, the respondent No.3 rejected the request of the petitioner to mutate the lands in question in the name of the Trust. Against which, an 4 appeal was preferred before the respondent No.2 and the same came to be dismissed. Pursuant to which, the petitioner filed revision petition under Section 136 (3) of the Act before the Deputy Commissioner-Respondent No.1. Being unsuccessful, this writ petition is filed.
3. It is on the basis of Qibala (certificate of assignment of lands) dated 22.01.1956 granted in the name of Abdul Aziz Khan and Sardar Khan as per Annexures-A and B to the writ petition, the petitioner is claiming the rights over the properties in question as the Secretary of the Charitable Trust. It is held by the revenue authorities that Qibala (certificate of assignment of lands) is not the authorized Government record for the grant of lands. However, the grantees have no rights to gift the granted lands without the permission of the Deputy Commissioner in terms of the conditions stipulated in the said Qibala. The petitioner is claiming the rights over the granted lands based on the gift deed said to have been executed by one Mohammed Moulana 5 S/o Mohammed Hassan Sab, which is contrary to the conditions of grant.
4. It is further pertinent to note that no Trust can hold an agricultural land without the prior permission of the Deputy Commissioner. No such permission being obtained by the Trust, the properties transferred in the name of the Trust by the petitioner claiming to be the Secretary of the Trust is wholly unjustifiable. It is held by the revenue authorities that the lands in question are in the ownership and possession of the Government since 1954 and the same has not been contraverted by the petitioner. Hence, the revenue authorities rejecting the request of the petitioner to mutate the revenue entries in the name of the Trust cannot be held to be arbitrary or unsustainable. No exception can be found with the order impugned herein.
Writ petition stands dismissed accordingly.
Sd/-
JUDGE BL Ct: RRJ