PRESENT THE HON'BLE MR N v. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT APPEAL
Case Details
- 1 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2025 PRESENT THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE AND THE HON'BLE MR JUSTICE K. V. ARAVIND WRIT APPEAL NO. 980 OF 2024 (KLR-RES) C/W CCC NO. 1042 OF 2023 (CIVIL) IN WA No. 980/2024 BETWEEN: 1. THE TAHSILDAR MINI VIDHANA SOUDHA, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101. 2. THE SUPERINTENDENT OF LAND RECORDS D.C. OFFICE DISTRICT OFFICE COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101. 3. THE TALUK SURVEYOR MINI VIDHANA SOUDHA, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101. 4. THE DEPUTY COMMISSIONER D.C. OFFICE DISTRICT OFFICE COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA TALUK AND DISTRICT - 562 101.
Legal Reasoning
(BY SRI. NAVEEN CHANDRASHEKAR, AGA) …APPELLANTS Digitally signed by PRABHAKAR SWETHA KRISHNAN Location: High Court of Karnataka - 2 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 AND: 1. SMT. NARASAMMA W/O. LATE MUNIYAPPA, AGED ABOUT 77 YEARS, R/AT SULTANPETE VILLAGE, CHIKKABALLAPURA - 562 101. …RESPONDENT (BY SRI. SAMPANGI RAMAIAH, ADVOCATE) THIS WRIT APPEAL FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO CALL FOR RECORDS AND SET ASIDE THE IMPUGNED ORDER DATED 12/07/2023 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT PETITION NO.3005/2022 (KLR- RES), AND CONSEQUENTLY, ALLOW THE PRESENT WRIT APPEAL AND ETC., IN CCC NO. 1042/2023 BETWEEN: 1. SMT. NARASAMMA W/O. LATE MUNIYAPPA AGED ABOUT 76 YEARS, R/AT SULTANPETE VILLAGE, CHIKKABALLAPURA - 562 101. ...COMPLAINANT (BY SRI. SAMPANGI RAMAIAH, ADVOCATE) AND: 1. SHRI GANAPATHY SHASTRI TAHASILDAR MINI VIDHANA SOUDHA, CHIKKABALLAPURA T AND D - 562 101. 2. SHRI RAMEHSH CHANDRA MURTHY THE SUPERINTENDENT OF LAND RECORDS - 3 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 D.C. OFFICE, DISTRICT OFFICES COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA T AND D - 562 101. 3. SHRI ANAND TALUK SURVEYOR MINI VIDHANA SOUDHA, CHIKKABALLAPURA T AND D - 562 101. 4. SHRI VENKATESH THE DEPUTY COMMISSIONER D C OFFICE, DISTRICT OFFICES COMPLEX, SIDLAGHATTA ROAD, CHIKKABALLAPURA T AND D - 562 101. 5. THE STATE OF KARNATAKA REPRESENTED BY ITS CHIEF SECRETARY REVENUE DEPARTMENT BENGALURU - 560 001 ...ACCUSED (BY SRI. NAVEEN CHANDRASHEKAR, AGA) ...PROFORMA RESPONDENT THIS CCC IS FILED UNDER SECTIONS 11 AND 12 OF THE CONTEMPT OF COURTS ACT, PRAYING TO INITIATE CONTEMPT PROCEEDINGS AND PUNISH THE ACCUSED NO.1 FOR HAVING DELIBERATELY DISOBEYED ORDER DATED 12.07.2023 PASSED BY THIS HONBLE COURT IN W.P.NO.3005/2022 VIDE ANNEXURE-K AND ETC., THIS APPEAL AND CONTEMPT PETITION, COMING ON FOR ORDERS, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: - 4 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA and HON'BLE MR JUSTICE K. V. ARAVIND ORAL JUDGMENT (PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA) ORAL ORDER IN WRIT APPEAL AND CCC Heard learned Additional Government Advocate Mr. Naveen Chandrashekar for the appellant-State and learned advocate Mr. Sampangi Ramaiah for the respondent. 2. The challenge in this appeal is directed against the order of learned Single Judge dated 12th July 2023 whereby learned Single Judge set aside order dated 29th November 2021 passed by the Tahasildar, Chikkaballapura-respondent No.1. The original petitioner-respondent herein was given liberty to submit her representation to the competent authority for conducting of phodi and durast of her land Survey No.57, admeasuring 2 acres situated at Sultanpete Village, Nandi Hobli, Chikkaballapura. - 5 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 3. The facts were that the above land was granted to the petitioner by grant order dated 3rd May 1956, however, the Tahasildar rejected petitioner’s request for doing phodi on the ground that she was not in cultivation of the land and that the land was forest land. The order passed by the Tahasildar became subject matter of the writ petition, which culminated into above order of learned Single Judge. 4. The appellant State raised same contentions through learned Additional Government Advocate which were canvassed before learned Single Judge. Firstly that instead of petitioner, somebody else was cultivating the land. Secondly, it was contended that now the land is earmarked as forest land. Thirdly, the petitioner was cultivating on a different land. In the fourth place, it was also submitted that durast was done in 1959 and while allotting new number, it was reduced to 1 acre on the basis of actual possession and that the same was not questioned. It was lastly submitted that the land was involved in partition suit. 5. None of the ground weighed with the learned Single Judge, more particularly when the prayer was conduct the phodi and the - 6 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 durast. The grant of the land to the petitioner in the year 1956 is not disputed by the appellant. 5.1 Following was observed by learned Single Judge, the the petitioner was "3. Admittedly, granted for a in question land consideration way back in the year 1956. She becomes the owner of the land by virtue of the said grant. The said land is not acquired by the State in the manner known to law nor is it the case of the State that the petitioner has subsequently transferred the ownership over the land. Under the said circumstances, petitioner is at liberty to seek phodi and durasthi of her land." 5.2 The only relief granted by learned Single Judge to permit the original petitioner-respondent herein to make a representation requesting the authorities to conduct phodi and durast. It could be said to be hardly booking any error. The phodi and durast has to be done in accordance with law as observed. 6. The interference in the order of the learned Single Judge is not warranted on any count. The challenge fails. 7.
Decision
The appeal is dismissed. - 7 - NC: 2025:KHC:15393-DB WA No. 980 of 2024 C/W CCC No. 1042 of 2023 As the appeal is dismissed, the contempt petition is disposed of by directing the competent authorities-respondents to implement the order within six weeks upon making of the representation by the original petitioner. Sd/- (N. V. ANJARIA) CHIEF JUSTICE Sd/- (K. V. ARAVIND) JUDGE CR List No.: 1 Sl No.: 72