Karnataka High Court
Shree Renuka Sugars Ltd., vs The State Of Karnataka & Ors on 28 September, 2012
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA
CIRCUIT BENCH, GULBARGA
DATED THIS THE 28TH DAY OF SEPTEMBER, 2012
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
WRIT PETITION Nos.85281-85/2012 (KLR-RR/SUR)
BETWEEN:
Shree Renuka Sugars Ltd.,
A company incorporated under,
The Companies Act, 1956
Having its office at B.C.105,
Havelock Road,
Belgaum,
Represented by its Legal Officer,
Sri.Sanjeev Kulkarni,
Aged 38 years,
Occ: Service ..PETITIONER
(BY SRI.K.R.SREENIVASA PATAVARDHAN, ADVOCATE)
AND:
1. The State of Karnataka
By its Secretary to
Revenue Department
M.S.Building,
Bangalore - 560 001.
2. The Assistant Commissioner,
Gulbarga Sub-Division,
2
Gulbarga - 585 102.
3. The Tahsildar
Afzalpur Taluk,
Gulbarga District
Gulbarga - 585 109.
4. The Revenue Inspector
Afzalpur Hobli,
Afzalpur Taluk,
Gulbarga District,
Gulbarga - 585 109. ..RESPONDENTS
(BY SRI.SHIVAKUMAR R. TENGLI, AGA FOR R-1 TO R-
4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF CONSTITUTION OF INDIA
PRAYING TO ISSUE WRIT IN THE NAME OF
CERTIORARI QUASHING THE IMPUGNED MUTATION
ENTRIES BEARING NO.H11/2011-12 DATED
02.12.2011 AT ANNEXURE-J,H23/2011-12 DATED
02.12.2011 AT ANNEXURE -J-1, H32/2011-12 DATED
02.12.2011 AT ANNEXURE-J-2 H45/2011-12, DATED
03.12.2011 AT ANNEXURE-J-3 PASSED BY
RESPONDENT NO.4 ETC.
THESE WRIT PETITIONS COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE
FOLLOWING:
3
ORDER
Though matter is listed in the orders list by consent of learned advocates it is taken up for final disposal.
2. Heard Sri.K.R.Sreenivasa Patavardhan, learned counsel for petitioner and Sri.Shivakumar Tengli, learned Additional Government Advocate for respondents. Perused the original records made available by learned AGA.
3. Petitioner is seeking for quashing of the mutation entries at Annexure-J, J-1 and J-2 dated 02.12.2011 and Annexure-J-3 dated 03.12.2011 whereunder the lands purchased by petitioner during 2006 in different survey numbers as mentioned therein have been ordered to be entered as land belonging to 4 Government on the basis of order passed by Assistant Commissioner dated 18.11.2011 at Annexure-E.
4. Facts leading to filing of this petition are as under:
Petitioner is a company established under the Indian Companies Act, 1956 engaged in the manufacture of sugar and allied products and it is having unit at Karnataka, Maharashtra, Gujarat and West Bengal and it is also recognized as two star house engaged in Import and Export of sugar on large scale. On a survey conducted by petitioner it was found that farmers growing sugarcane in Afzalpur area contained less sucrose level since they were using traditional method and as such to establish the Seed Research Farm and Sugarcane research center in order to assist farmers to grow sugarcane of high level sucrose content petitioner approached land owners in and around Afzalpur Taluk having agricultural lands and purchased 5 lands under various sale deeds during the year 2006. Petitioner contention was that provisions of Section 79A and 79B and Section 80 of Karnataka Land Reforms Act (hereinafter referred to as `Act') is not attracted to the sale transaction made by petitioner during 2006 in view of exemption provided under section 81 of the Act and as such it did not seek for any permission to purchase agricultural land.
5. On a report submitted by jurisdictional Tahsildar, Assistant Commissioner, Gulbarga, Sub- Division, R-2 initiated proceedings under Section 79A and Section 79B of Karnataka Land Reforms Act in respect of Sy.No.34 measuring 1 acre 35 guntas situated at Kolukura Village, Afzalpur Taluk who after enquiry is said to have held that there is no violation of provisions of Karnataka Land Reforms Act vide order dated 18.01.2008 Annexure-C which related to one item of property purchased in Sy.No.34 measuring 1 acre 39 6 guntas and accordingly dropped further proceedings. However Regional Commissioner initiated suo moto proceedings under section 118(A) of Karnataka Land Reforms Act to examine as to whether order passed by Assistant Commissioner was in consonance with the provisions of the Act and after enquiry passed an order on 02.12.2010 Annexure-D by upholding the order passed by Assistant Commissioner and concluding that there is no violation of Section 79A and 79B of the Act by petitioner which admittedly related to only one item of the land purchased by the petitioner in its series of transactions/purchases made in 2006. Some of the lands were also accorded permission by revenue authorities to be converted for non-agricultural purposes.
6. Subsequently during 2011 i.e., on 16.03.2011 2nd respondent Assistant Commissioner initiated proceedings against petitioner under Section 79A of the 7 Act in respect of remaining lands. Enquiry was held, matter came to be adjudicated and an order came to be passed on 18.11.2011 as per Annexure-E holding that lands specified in the said order was purchased by petitioner in contravention of section 79A and 79B of the Karnataka Land Reforms Act and said transactions are null and void by declaring as such order came to be passed.
7. Being aggrieved by said order appeal came to be filed by petitioner in Appeal No.1017/2011 before Karnataka Appellate Tribunal, Bangalore. Said appeal was presented on 05.12.2011. Matter was listed before the Bench on 07.12.2011 and after hearing the learned counsel for appellant an order came to be passed staying the order of Assistant Commissioner dated 18.11.2011 Annexure-E. However, the over zealous and over enthusiastic 3rd respondent Tahsildar even before expiry of the period of appeal provided under the 8 Karnataka Land Reforms Act to a aggrieved person, suo moto deleted the name of the petitioner entered in the revenue records and ordered for name of the Government being entered into in the record of rights in respect of the lands which was subject matter of appeal. It is these mutation entries which have been assailed by the petitioner in these writ petitions contending interalia by virtue of such revenue entries being changed the petitioner would be hounded by its financiers from whom petitioner is said to have borrowed money for the purpose of establishing research center on the ground that petitioner is not having title to the properties. Yet another ground urged is by virtue of such entry made in the revenue records there is every possibility of lands being distributed to landless persons by treating them as surplus land vested with the state. On these grounds writ of certiorari has been sought for by the petitioner with a prayer to quash these entries at Annexures-J, J-1, J-2 and J-3.
9
8. Admittedly order of the Assistant Commissioner came to be passed on 18.11.2011 Annexure-E declaring that there has been violation of provisions of sections 79A and 79B of Karnataka Land Reforms Act by petitioner in purchasing the agricultural lands. Under sub-section (2) of section 118 of Karnataka Land Reforms Act, 1961 a statutory right is provided to a aggrieved person to appeal against order passed by Assistant Commissioner under section 83. Admittedly appeal has been filed within 30 days from the date of the order impugned therein i.e., 18.11.2011 Annexure-E and same has been numbered as Appeal No.1017/2011. Said order of the Assistant Commissioner is also undisputedly stayed on 07.12.2012 as evidenced from order sheet at Annexure- G. Said order of stay passed by Tribunal has been made available to 3rd respondent Tahsildar by petitioner on 13.12.2011 Annexure-H which is duly acknowledged by 10 office of 3rd respondent. Inspite of copy of stay order dated 07.12.2012 having been received, third respondent has been exhibiting defiance and showing recalcitrant attitude in not putting the clock back namely entering the revenue records as it stood earlier from the date of purchase i.e., 2006 till the order of Assistant Commissioner was passed on 18.11.2011. This act of third respondent not only requires to be deprecated in no uncertain terms but also impugned orders have to be quashed. Deputy Commissioner, Gulbarga Sub-Division shall take suitable steps in this regard to ensure that such incidents do not recur in future as otherwise it would act as premium to such acts of the revenue officials resulting in aggrieved parties knocking at the doors of this court which otherwise could have been avoided. Though this court is inclined to impose exemplary costs on third respondent it desists from doing so in view of the observations made herein above and by reserving liberty 11 to the Deputy Commissioner to take suitable action and steps in this regard to ensure such acts would not be repeated. Order of Assistant Commissioner dated 18.11.2011 having been stayed by the Karnataka Appellate Tribunal in appeal No.1017/2011 on 07.12.2011 third respondent shall forthwith enter the name of petitioner in the revenue records and issue copies of mutation entry to the petitioner free of cost within three days from today without awaiting for copy of this order since this order has been dictated in open court in the presence of learned Additional Government Advocate who shall intimate the third respondent to comply with the orders of this court as aforesaid. Hence, following order is passed:
ORDER
1. Writ petitions are hereby allowed.
2. Mutation entries made on 02.12.2011 and 03.12.2011 at Annexures-J, J-1, J-2 and J-3 are hereby quashed.12
3. Third respondent shall forthwith mutate the revenue records in respect of lands described in order dated 18.11.2011 Annexure-E to the name of petitioner and furnish the certified copies of R.T.C's reflecting said mutation entry to the petitioner free of cost within three days from today.
4. No order as to costs.
Ordered accordingly.
Compliance report shall be filed by the Government Advocate on or before 03.10.2012. List this matter on 04.10.2012 in orders list.
Sd/-
JUDGE SBN