Karnataka High Court
Sri Narayanaswamy vs The State Of Karnataka on 1 April, 2025
Author: N S Sanjay Gowda
Bench: N S Sanjay Gowda
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NC: 2025:KHC:13611
WP No. 5707 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2025
BEFORE
THE HON'BLE MR JUSTICE N S SANJAY GOWDA
WRIT PETITION NO. 5707 OF 2024 (KLR-RES)
BETWEEN:
1. SRI NARAYANASWAMY
S/O LATE H LASKHMAIAH,
AGED ABOUT 86 YEARS,
R/AT MELINAPETE,
YELLAMMA TEMPLE STREET,
HOSKOTE TOWN, HOSKOTE,
BENGALURU RURAL DISTRICT - 562114
(BENEFITS OF SENIOR CITIZEN NOT CLAIMED)
...PETITIONER
(BY SRI. R.S.RAVI SENIOR COUNSEL., FOR
SRI. CHANDRAPPA V., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS SECRETARY,
Digitally
signed by
VIDHANA SOUDHA,
KIRAN
KUMAR R
AMBEDKAR VEEDHI,
Location: BENGALURU - 560 001.
HIGH
COURT OF
KARNATAKA
2. DEPUTY COMMISSIONER
DISTRICT ADMINISTRATIVE BHAVAN,
BEERASANDRA VILLAGE,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562110.
3. THE ASSISTANT COMMISSIONER
DODDABALLAPUR SUB DIVISION,
DODDABALLAPURA
BENGALURU RURAL DISTRICT - 561 203.
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WP No. 5707 of 2024
4. THE TAHSILDHAR
HOSKOTE TALUK, HOSKOTE
BENGALURU RURAL DISTRICT - 562 114.
5. SANTHOSH SINGH
S/O LATE B MUNI SINGH,
AGED ABOUT 38 YEARS,
RESIDING AT KANNURAHALLI ROAD,
V V EXTENSION, WARD NO. 21
HOSKOTE TOWN, HOSKOTE - 562114
6. SHARADHA BAI
W/O PRATHAP SINGH,
D/O LATE LAKSHMIBAIYAMMA
AGED ABOUT 48 YEARS,
RESIDING AT KANNURAHALLI ROAD,
V V EXTENSION, WARD NO. 21
HOSKOTE TOWN, HOSKOTE - 562114
7. MOHANA BAI
D/O LAKSHMI BAI,
AGED ABOUT 55 YEARS,
RESIDING AT NALA ROAD, HARALEPETE,
WARD NO.3, HOSKOTE TOWN,
HOSKOTE - 562114.
8. NEELA BAI
SINCE DEAD BY LRs.,
8(a) KRISHNA SINGH,
S/O LATE LAKSHMAN SINGH,
AGED ABOUT 60 YEARS,
8(b) SHYAM SINGH,
S/O LATE LAKSHMAN SINGH,
AGED ABOUT 55 YEARS,
BOTH ARE R/AT KHAJIHOSAHALLI,
ANUGONDANAHALLI HOBLI,
HOSKOTE TALUK-562 114.
9. B V CHANDRAMMA
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WP No. 5707 of 2024
W/O G T MUNIVENKATAPPA,
AGED ABOUT 65 YEARS,
RESIDING AT 6TH CROSS, CAUVERY NAGARA,
V V EXTENSION, WARD NO. 21,
HOSKOTE TOWN, HOSKOTE - 562114.
10. A N ASHWATHA NARAYAN
S/O R NARAYANAPPA,
AGED ABOUT 70 YEARS,
RESIDING AT, KANAKANAGARA,
WARD NO. 21, HOSKOTE TOWN,
HOSKOTE - 562114.
11. RAMANNA
S/O LATE DODDADASAPPA,
AGED ABOUT 60 YEARS,
RESIDING AT, K R EXTENSION,
WARD NO. 10, HOSKOTE TOWN,
HOSKOTE - 562114.
12. H N JAGADHEESHWARAIAH
S/O LATE NANJAPPA,
AGED ABOUT 60 YEARS,
13. H N NATARAJ
S/O LATE NANJAPPA,
AGED ABOUT 58 YEARS,
14. H N MAHADEVAIAH
S/O LATE NANJAPPA,
AGED ABOUT 56 YEARS,
15. H N NAGARAJ
S/O LATE NANJAPPA,
AGED ABOUT 54 YEARS,
R-12 TO R-15 ARE RESIDING AT
9TH CROSS, WARD NO.2,
HOSKOTE TOWN, HOSKOTE - 562114
...RESPONDENTS
(BY SRI. V.SHIVA REDDY., AGA FOR R-1 TO R-4;
SRI. M.P.SRIKANTH., ADVOCATE FOR R-7, R-8(a), R-8(b)
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WP No. 5707 of 2024
AND R-10 TO R-13;
SRI. PRADEEP KUMAR. R.H., ADVOCATE FOR R-9;
R-5 AND R-6 ARE SERVED AND UNREPRESENTED;
VIDE ORDER DATED:25.03.2025, NOTICE TO R-14 & R-15
IS DISPENSED WITH)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR
RECORDS FROM THE R2 IN RP NO. 230/2022-23 AND QUASH
THE ORDER PASSED BY THE R2 IN RP NO. 230/2022-23 BY ITS
ORDER DATED 17/01/2024, AS PER ANNEXURE-N AND
CONSEQUENTLY TO QUASH THE ORDER PASSED BY THE R3 IN
RA NO. (H)144/2021, DATED 20/09/2021 AS PER ANNEXURE-K
AND R.R.T.C.R.(H) 82/2022, DATED 21/04/2022 ANNEXURE-L
AND QUASH THE ORDER PASSED BY THE R4 IN M.R. NO. T
146/2021-22 DATED 15/06/2022 AS PER ANNEXURE-M IN
RESPECT OF THE LAND BEARING SY. NO. 171/1 OF HOSAKOTE
VILLAGE, KASABA HOBLI, HOSKOTE TALUK BY ALLOWING THE
ABOVE PETITION, ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
These facts are not in dispute:
1. On 04.09.2012, one Lakshmi Bai and two others filed an appeal before the Deputy Commissioner challenging the Hissa and phodi conducted in respect of land at Sy.No.171/1 of Hoskote Village, Kasaba Hobli, Hosakote Taluk, as a result of which, the lands were assigned as Sy.No.171/1A, 171/1B and 171/1C. -5-
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2. The Assistant Commissioner proceeded to pass an order on 04.09.2012, setting aside the Durasti conducted and directing the Durasti to be conducted afresh, after conducting a spot inspection and in accordance with the sale deeds.
3. The Tahasildar, on the basis of this order, submitted a representation to the Assistant Commissioner in the year 2021 and the Assistant Commissioner proceeded to initiate a proceeding under Section 136(2) of the Karnataka Land Revenue Act, 1964 (for short, 'the Act') and has recorded a finding that the extents indicated in column Nos.3 and 9 of the RTC do not tally with the Akarband and therefore, a fresh survey was required to be conducted after issuance of notice to all the affected parties.
4. This order of the Assistant Commissioner was in fact affirmed in Revision under Section 136(3) of the Act.
5. In order to enable the Assistant Commissioner to secure jurisdiction under section 136(2) of the Act, -6- NC: 2025:KHC:13611 WP No. 5707 of 2024 an order of mutation would have to be challenged by some aggrieved person.
6. In the instant case, no such order of mutation was impugned in the appeal and the proceedings under Section 136(2) of the Act were initiated solely at the instance of the Tahasildar, who based his entire representation on the basis of the order of the Deputy Commissioner dated 04.09.2012.
7. It is therefore clear that the proceedings initiated by the Assistant Commissioner under Section 136(2) of the Act and its affirmation under Section 136(3) of the Act by the Deputy Commissioner would be wholly without jurisdiction.
8. Consequently, the order dated 20.09.2021 passed by the Assistant Commissioner at Annexure "K" and the order dated 17.01.2024 passed by the Deputy Commissioner at Annexure "N" shall stand quashed. The consequential order of mutation dated -7- NC: 2025:KHC:13611 WP No. 5707 of 2024 21.04.2022 at Annexure 'L' shall also stand quashed.
9. Since the order of the Deputy Commissioner dated 04.09.2012 directing a fresh Durasti to be conducted after conducting a spot inspection and for preparing a Akarband has become final and has remained unimplemented, it would be appropriate to direct the Assistant Director of Land Records ("ADLR") to comply with the order dated 04.09.2012 within a period of six months from the rate of receipt of a copy of this order, after issuing notices to all concerned.
10. Since the petitioner, respondent Nos.7, 8(a), 8(b) and 10 to 13 are represented before this Court, they are directed to appear before the ADLR on 06.05.2025, and to take further instructions.
11. The ADLR shall notify the remaining persons who would be affected by the drawing of fresh Akarband and then proceed thereafter in accordance with law. -8-
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12. The writ petition is accordingly allowed.
13. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of.
Sd/-
(N S SANJAY GOWDA) JUDGE RK List No.: 1 Sl No.: 60