Karnataka High Court
Bheema Charitable Trust (R) vs State Of Karnataka on 4 July, 2019
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY 2019
BEFORE
THE HON'BLE MR. JUSTICE S.N.SATYANARAYANA
WRIT PETITION NO.53275/2018 (KLR-RES)
BETWEEN:
BHEEMA CHARITABLE TRUST ®
REPRESENTED BY ITS
MANAGING TRUSTEE
NO.7-4, 6TH MAIN ROAD
YELLAPPA GARDEN
BANASHANKARI 3RD STAGE
BANGALORE - 560 085 ...PETITIONER
(BY SRI PUTHIGE R RAMESH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS PRINCIPAL SECRETARY
REVENUE DEPARTMENT
VIKASA SOUDHA
DR.B.R.AMBEDKAR ROAD
BANGALORE - 560 001
2. SPL. DY. COMMISSIONER NO.2
BANGALORE SOUTH DIVISION
BANGALORE URBAN DISTRICT
FOURTH FLOOR, DC OFFICE
BUILDING, REVENUE COMPLEX
K.G.ROAD, BANGALORE - 560 009
3. THE THASILDAR
BANGALORE SOUTH DIVISION
REVENUE COMPLEX
K.G.ROAD, BANGALORE - 560 009 ...RESPONDENTS
(BY SRI VENKATESH DODDERI, AGA)
2
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF
THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED 20.08.2018 ISSUED BY R-2 AS AT ANNEXURE-A INSOFAR
AS IT RELATES TO PARA NO.1 OF THE OPERATIVE PORTION OF
THE ORDER ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING IN 'B' GROUP, THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
1. Petitioner herein is the purchaser of 1 acre of land in Survey No.52/P6 of Hosakerehalli Village, Uttarahalli Hobli, Bengaluru South Taluk. According to him, 11 persons were in unauthorised possession and cultivation of different portions of Survey No.52 of Hosakerehalli Village. Their unauthorised occupation and cultivation of the same was accepted by the Government by official memorandum dated 19.10.1978 wherein 2 acres of land was granted in favour of each of 11 applicants. One of the applicants before the State is Ankappa, whose name is said to be at Sl.No.3 in the official memorandum dated 19.10.1978.
2. It is stated that the said Ankappa sold 1 acre of land granted in his favour to Sri Dharani Gowda and remaining 1 acre to the petitioner-trust. The aforesaid transaction was made in bits and pieces under different sale deeds. It is 3 stated that though the petitioner secured title to an extent of 1 acre of land, the same was not accepted by the Revenue Department in registering the name of the petitioner as owner of the said extent of land. The petitioner would state that it was informed that the original records of grant is missing and accordingly all the applicants for grant as seen in official memorandum dated 19.10.1978 were directed to appear before the Missing File Committee for reconstruction of the documents and to demonstrate that they are indeed grantees of the land as stated in the official memorandum dated 19.10.1978.
3. The grievance of the petitioner is that proceedings bearing No.R.R.T(S)C.R.05/2005-06 connected with No.R.R.T(S)CR:06/15-16 were initiated in that behalf before Special Deputy Commissioner No.2, Bengaluru. It is stated that in the said proceedings, the petitioner-trust was sixth respondent. That the petitioner was not able to secure and produce relevant records to demonstrate that they are purchasers of 1 acre of land which was granted in favour of Ankappa. In this background, the applications of other 4 applicants were considered by Special Deputy Commissioner no.2, Bengaluru South Sub-Division, whereas the prayer of the petitioner herein was rejected vide order dated 20.08.2018 which is challenged in this writ petition by producing documents to demonstrate the title of the petitioner to the land which was said to be granted in favour of Ankappa to an extent of 2 acres in the official memorandum dated 19.10.1978.
4. In this proceedings, notice to respondents is accepted by learned AGA. He would state that the order of respondent no.2-Special Deputy Commissioner no.2 cannot be disturbed inasmuch as sufficient opportunity was given to the petitioner herein to produce all documents. He further submits that he has no objection if the matter is remanded back to Special Deputy Commissioner no.2. His submission is placed on record.
5. This Court would observe, there is no harm in remanding the matter back to respondent no.2-Special Deputy Commissioner no.2 and calling upon him to look into the documents to be produced by the petitioner herein and 5 to pass appropriate order in the matter. With such observations, the proceedings bearing No.R.R.T(S)C.R.05/ 2005-06 connected with No.R.R.T(S)CR:06/15-16 on the file of Special Deputy Commissioner no.2, Bengaluru South Sub-Division, Bengaluru, is hereby quashed to the extent of the order passed against the petitioner herein, who was respondent no.6, before respondent no.2 in the proceedings held against the petitioner herein. The above matter is remanded back to the Court of respondent no.2 for reconsideration only with reference to claim of respondent no.6 to an extent of 1 acre in Survey No.52/P6 of Hosakerehalli Village, Uttarahalli Hobli, Bengaluru South Taluk. With this observation, this writ petition is disposed of.
Sd/-
JUDGE hkh.