Karnataka High Court
Maradihalli Pennappa @ Pennappa vs The Deputy Commissioner on 17 January, 2014
Author: B.S.Patil
Bench: B.S.Patil
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 17TH DAY OF JANUARY, 2014
BEFORE
THE HON'BLE MR.JUSTICE B.S.PATIL
W.P.No.49448/2013 (SC/ST)
BETWEEN
MARADIHALLI PENNAPPA @ PENNAPPA
S/O LATE HANUMANTHAPPA,
AGED ABOUT 86 YEARS,
AGRICULTURIST,
R/O GUDDADARANGAVVANAHALLI (G.B HALLI)
CHITRADURGA TALUK,
CHITRADURGA DISTRICT. ... PETITIONER
(By Sri B K MANJUNATH, ADV.)
AND
1. THE DEPUTY COMMISSIONER
CHITRADUGA DISTRICT,
CHITRADURGA
2. THE ASSISTANT COMMISSIONER
CHITRADURGA SUB-DIVISION,
CHITRADURGA
3. TAHSILDAR
CHITRADURGA TALUK,
CHITRADURGA DISTICT
4. TECHNICAL ASSISTANT TO THE
DEPUTY COMMISSIONER
AND EX OFFICIO DEPUTY DIRECTOR OF LAND RECORDS
CHITRADURGA. ... RESPONDENTS
(By Sri.R.B.SATHYANARAYANA SINGH, HCGP)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE
COMMUNICATION DT.24.6.13, ISSUED BY THE R4 TO THE R2,
VIDE ANN-Q AS ILLEGAL.
THIS PETITION IS COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Petitioner is a person belonging to scheduled caste. He was granted an extent of 2 acres 20 guntas of land in Sy.No.97 of Guddadaragavvanahalli Village, Chitradurga Taluk on 16.03.1960. After the grant, petitioner was handed over possession of the land. According to him, ever since the date of grant, he has been in possession and enjoyment of the granted land. The grant made is subject to non-alienation condition that he shall not alienate it for a period of 15 years.
2. Mutation entry effected by the revenue Authorities disclosed that petitioner's name was recorded as a grantee in occupation to an extent of 2 acres 20 guntas vide Mutation Entry No.65/59-60. Record of rights maintained by the revenue department also shows the name of the petitioner.
3. Petitioner contends that he has lost the original grant certificate and the original saguvali chit. He submitted an 3 application to the 3rd respondent - Tahsildar, Chitradurga on 25.03.2011 requesting him to issue certified copy of the grant certificate. By an endorsement dated 23.04.2011, the Tahsildar informed the petitioner that records relating to the grant were not available and therefore, it was not possible for him to issue certified copy of the grant certificate. This endorsement is produced at Annexure-E. The 3rd respondent - Tahsildar requested the 2nd respondent - the Assistant Commissioner to permit him to rebuild the missing records vide his letter dated 09.05.2011. Another letter was addressed by the Tahsildar to the Deputy Commissioner on 06.08.2011 stating that petitioner's name was entered in the kata of the land as katedar and that RTC of the land stood in his name. Hence, in view of the grant made in his favour and that akarband extract which disclosed the name of the petitioner the 1st respondent might issue further direction in the matter of preparing the missing records. This is evident from the letter dated 06.08.2011 produced at Annexure-G written by the Tahsildar to the Deputy Commissioner.
4. The Deputy Commissioner called for complete report of the land from the Tahsildar. Even the Regional Commissioner, 4 Bangalore, at the request made by the petitioner addressed a letter to the Deputy Commissioner to take steps and obtain information in the prescribed form Nos.1 to 5 after conducting necessary inspection to verify whether the land was under
cultivation of the petitioner. This is evident from the letter dated 17.04.2013 addressed by the Regional Commissioner to the Deputy Commissioner produced at Annexure-L.
5. After the receipt of this letter, the Deputy Commissioner directed the 3rd respondent - Tahsildar to reconstruct the original untraced records vide his letter dated 16.05.2013. Thereafter, the Tahsildar got the spot inspection conducted through the Revenue Inspector and confirmed that the petitioner was cultivating the land. Based on the report of the Revenue Inspector, the Tahsildar prepared from Nos. 1 to 5 and a sketch which are produced at Anenxures-P1 to P6. These documents were submitted by the Tahsildar to the Assistant Commissioner who in turn forwarded them to the 4th respondent - Technical Assistant to the Deputy Commissioner and Ex-officio Deputy Director of Land Records, Chitradurga, requesting him to execute phodi durasti work of the land granted to the petitioner.
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6. However, the 4th respondent returned the records to the 2nd respondent vide his letter dated 24.06.2013 produced at Annexure-Q stating that in the absence of original grant register and the saguvali chit issue register enclosed along with Form Nos.1 to 5, it was not possible to conduct phodi durasti in terms of the circular dated 17.09.2009 of the State Government bearing No.RD 74 LGP 2009.
7. Aggrieved by this communication, petitioner made a representation to the Deputy Commissioner as per Annexure-R. The Deputy commissioner has issued the endorsement dated 5.10.2013 vide Annexure-S stating that in terms of the Government circular dated 17.09.2009 for the purpose of reconstructing the missing records, the original saguvali chit and the original grant records were essential and without the said documents, it was not possible to reconstruct the missing records. Therefore, aggrieved by these communications, Annexures - Q and S, the present writ petition is filed by the petitioner challenging Annexures - Q and S and also seeking a direction to the 4th respondent to conduct the phodi durasti in respect of the land in question.
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8. Learned counsel for the petitioner taking me through the petition averments and the documents enclosed submits that as the grant of the land in favour of the petitioner is not disputed by anybody and as the petitioner has not effected any transfer of the granted land and as what all the petitioner seeks is phodi durasti of the land granted in his favour so as to effectively enjoy the same, the Authorities ought to have acceded to this innocuous request made by the petitioner by conducting phodi durasti. He has invited the attention of the Court to Sections 141 and 142 of the Karnataka Land Revenue Act, 1964 contending inter alia that it is the duty of the Authorities to conduct survey and effect phodi durasti of the granted land.
9. Learned Government Advocate takes me through the statement of objections and submits that in case where the original grant records are missing, the Government, in order to avoid the misuse of power by the revenue officials by resorting to indiscriminate creation and rebuilding of documents has laid down the proper procedure to be followed for rebuilding and reconstructing the missing records in terms of the circular dated 17.09.2009 produced at Annexure-R1. After the records 7 are rebuilt in the manner provided therein, the phodi durasti work will be conducted. He further points out that all this exercise has to be done by the Committee which consists of the Regional Commissioner, the Deputy Commissioner, the Assistant Commissioner, the DDLR and the Tahsildar concerned. He, therefore, submits that the preliminary records that are now created at the request of the petitioner and also on the direction of the Regional Commissioner may be ordered to be placed before the Committee and appropriate direction may be issued to the Committee to issue direction for rebuilding the records and also granting permission for conducting phodi durasti work.
10. Having heard the learned counsel for both parties, I find that there is no dispute regarding grant of land in favour of the petitioner. The grant is evidenced by the mutation entry effected and the revenue records which are recorded in the name of the petitioner. It is also not the case where the grantee has resorted to any alienation in violation of the terms of the grant. What all the petitioner requests the revenue authorities is to effect phodi durasti of his land. Unfortunately the petitioner has lost original grant certificate and the saguvali chit. Misery of the 8 petitioner is worsened because these documents are also not found with the concerned Tahsildar. But, the fact remains that the petitioner has moved heaven and earth to convince the Authorities regarding the loss of original certificates and the need for effecting phodi durasti of his land. Taking note of this fact, the Regional Commissioner has issued a direction as is evident from Annexure-L communication addressed to the Deputy Commissioner, Chitradurga on 17.04.2013 by making reference to the Government Circular dated 17.09.2009. In fact, it is based on this communication only the Deputy Commissioner has called upon the Tahsildar to conduct the spot inspection and prepare form Nos. 1 to 5 and submit the same for further consideration. Accordingly, the Tahsildar has got conducted the spot inspection. Satisfied himself that the petitioner was actually cultivating the land, prepared form Nos. 1 to 5 as per Exs.P1 to P5 and submitted the same along with a sketch. At this stage, the Revenue Authorities are coming up with the contention that the matter should have been placed before the Committee in terms of the Government Circular. If that is so, it is the duty of the Deputy Commissioner to take it up in the Committee which as submitted by the learned Government Advocate is duly constituted and then pass 9 appropriate orders directing re-construction of the records and for conducting phodi durasti work. This cannot take much time, particularly when an 86 years old man belonging to depressed class has been running from pillar to post convincing the Authorities to take up such phodi durasti work, the matter cannot be delayed any further.
11. Hence, I am of the view that the respondents have to take immediate and effective steps by placing the matter before the Committee. The Committee shall thereupon pass necessary orders for conducting phodi durasti work by reconstructing the original records. It is made clear that question of producing the original grant certificate or the original saguvali chit or their certified copies will not arise. Indeed, the entire exercise is done by the petitioner. Only because he has lost the original certificates. It is further directed that the Committee shall pass appropriate orders within two months from the date of receipt of a copy of this order. Thereafter, expeditious steps shall be taken for conducting phodi durasti of the land.
Sd/-
JUDGE VP