Writ Petition No. 23681 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 23681 OF 2023 (KLR-RR/SUR) WRIT PETITION NO. 3288 OF 2022 (KLR-RES) C/W IN WP No. 23681/2023 BETWEEN: 1. G ESHWARAIAH S/O LATE GURULINGAIAH AGED ABOUT 59 YEARS NO 21, 40 FEET ROAD 17TH MAIN ROAD, RAGAHVANAGAR NEW TIMBER YARD LAYOUT BANGALORE 560026 (BY SRI. OMKARESHA., ADVOCATE) …PETITIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA AND: 1. STATE OF KARNATAKA DEPART OF REVENUE VIDHANA SOUDHA BANGLORE 560001 REP BY SECRETARY 2. THE DEPUTY COMMISSIONER MANDYA DISTRICT MANDYA 571401 3. THE JOINT DIRECTOR OF LAND RECORDS MYSORE DISTRICT MYSORE - 2 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 4. THE ASSISTATN COMMISSIONER PANDAVAPURA MANDYA 571434 5. THE DEPUTY DIRECTOR OF LAND RECORDS MANDYA DISTRICT MANDYA DISTRICT 571401 THE THASILDAR., NAGAMANGALA TALUK, MANDYA-571 432. THE ASSISTANT DIRECTOR OF LAND RECORDS NAGAMANGALA TALUK MANDYA 571432. 6. 7. 8. MUDDEGOWDA, S/O KEMPANARASEGOWDA, 9. BETTEGOWDA, S/O KONEGOWDA, 10. NAGARAJU, S/O CHELUVEGOWDA, 11. SANNAMARIGOWDA., S/O GUNDEGOWDA, 12. KRISHNA, S/O KURIKABBANNA BETTAYYA, 13. RANGAPPA., S/O MARIGOWDA., 14. DEVARAJU, S/O KADAIAH, 15. ARASEGOWDA, S/O HOMBALEGOWDA, - 3 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 16. KEMPANARASEGOWDA, S/O MUDDEGOWDA, 17. SHANKARA, S/O KEMPANARASEGOWDA,
Legal Reasoning
No.8 TO 17 ALL ARE R/AT A.SRIRAMANAHALLI VILLAGE, NAGAMANGALA TALUK, MANDYA DISTRICT-571432. (BY SMT. SAVITHRAMMA., AGA FOR R-1 TO R-7; R-9, R-10, R-13, R-14, R-16 & R-17 ARE SERVED AND UNREPRESENTED; VIDE ORDER DATED 27.01.2025, WP AGAINST R-8, R-11, R-12 & R-15 IS DISMESSED AS NOT PRESSED) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS AND QUASHING ANNEXURE U AND AF PASSED VIDE ORDER DATED 19/03/2015 AND 22/08/2023 RESPECTIVELY BY THE R4 AND 2 LEARNED ASSISTANT COMMISSIONER IN R. MISC. 21/2011-12 AND LEARNED DEPUTY COMMISSIONER IN R.P. 32/2015 IN SO FAR AS THE PETITIONER IS CONCERNED, ETC. IN WP NO. 3288/2022 BETWEEN: 1. G ESHWARAIAH S/O GURULINGAIAH AGED ABOUT 59 YEARS NO 21, 40 FEET ROAD 17TH MAIN ROAD, RGAHVANAGARA NEW TIMBER YARD LAYOUT BANGALORE 560026. (BY SRI. OMKARESHA., ADVOCATE) ...PETITIONER - 4 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 AND: 1. STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA BANGALORE 560001 REP BY SECRETARY. 2. THE DEPUTY COMMISSIOENR MANDYA DISTRICT MANDYA 571401. 3. THE JOINT DIRECTOR OF LAND RECORDS MYSORE DISTRICT, MYSORE 4. THE ASSISTANT COMMISSIONER PANDAVAPURA, MANDYA 571434. 5. THE DEPUTY DIRECTOR OF LAND RECORDS MANDYA DISTRICT MANDYA 571401 6. THE TAHASILDAR NAGAMANGALA TQ MANDYA 571432 7. THE ASSISTANT DIRECTOR OF LAND RECORDS NAGAMANGALA TALUK MANDYA 571432 (BY SMT. SAVITHRAMMA., AGA) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH ANNEXURE-ZA DATED.07.02.2020 AND ZC DATED. 06.12.2021 RESPECTIVELY BY THE R-3 AND 5 LEARNED DEPUTY DIRECTOR OF LANDS IN APPEAL NO. (PAM) 144/2019-20 AND LEARNED JOINT DIRECTOR OF LAND RECORDS IN JD RP 389/21-22, ETC. - 5 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. It is the case of the petitioner in WP.23681/2023 that the land bearing Sy.No.29/1 measuring 4 acres situate at Sriramanahalli, Honakere Hobli, Nagamangala Taluk, Mandya District, was granted to one S.H.Muddaiah and this order of grant was reflected in the index of land and record of rights which are produced at Annexures-B and C to the writ petition. 2. It is also the case of the petitioner that the name of S.H.Muddaiah which was reflected in the revenue record, on his death, was made in favour of his legal representatives under inheritance MR.No.5/1993-94. 3. It is the further case of the petitioner that this land was the subject matter of suit for partition in O.S.No.108/1994 and the Civil Court had also - 6 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 granted a decree of partition in respect of this particular land. 4. Learned counsel for the petitioner contends that pursuant to the decree of partition, the name of S.H.Muddaiah's wife i.e., Mariyamma was mutated vide MR.No.1/2010-11 and her name was entered in the RTC also. He further contends that the petitioner purchased the property from Mariyamma under the registered Sale Deed dated 18.08.2010 and pursuant to this sale, the entries were mutated in his name vide MR.No.3/2010-11. 5. As the matter stood thus, according to the petitioner, on the basis of an appeal filed by the villagers, the Assistant Commissioner has proceeded to set aside the order of mutation passed in favour of S.H.Muddaiah and also the mutation made in favour of the petitioner pursuant to the Sale Deed and has remanded the matter to the Land Tribunal with a finding to examine whether the land in question was - 7 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 a communal land and whether there existed a "UÉÆÃPÀmÉÖ" and "¸ÀPÁðj ºÀ¼Àî" in said land. 6. The order of the Assistant Commissioner was challenged by way of revision and the same was also dismissed. 7. Learned counsel for the petitioner points out that despite the fact that an order of grant, the index of land and the record of rights were produced before the Assistant Commissioner which indicated that there was a grant way back in the year 1970, the order of the Assistant Commissioner doubting the grant on the ground that the land records were not available cannot be accepted. He points out that the name of the grantee's wife was mutated under MR.1/2010-11 along with other survey numbers and this order was not challenged, but only the subsequent order has been challenged. 8. Both the Assistant Commissioner and the Deputy Commissioner have proceeded on the premise that - 8 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 the grant records were not available and therefore, the grant in favour of S.H.Muddaiah was doubtful. As already noticed above, the petitioner claims that there was a grant in favour of S.H.Muddaiah and he has not only produced land grant certificate, but also produced index of land and record of rights which also reflect the fact that grant has been made in favour of S.H.Muddaiah. The Assistant Commissioner has not looked into these documents at all and had proceeded to set aside the mutation which was based on the grant certificate and this is obviously improper. 9. In that view of the matter, it would be appropriate to set aside the order of the Deputy Commissioner and the Assistant Commissioner and remand the matter to the Assistant Commissioner for fresh consideration of the matter on merits. The Assistant Commissioner shall take into consideration the grant certificate that is produced before this Court and also the index of - 9 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 land and record of rights and shall make endeavour to secure the land records and therafter pass a fresh order on merits. 10. WP.23681/2023 is accordingly allowed. 11. So far as WP.3288/2022 is concerned, it is filed challenging the orders passed by the Survey Authorities which were based on the orders passed by the Assistant Commissioner and the Deputy Commissioner. The Survey Authorities have basically set aside the order of phodi and durasti on the ground that there was a doubt regarding the entitlement of the petitioner by virtue of the order of the Assistant Commissioner and the Deputy Commissioner. 12. Since it is now held that the order of the Assistant Commissioner cannot be sustained and the matter has been remanded to him for fresh consideration, in my view, the impugned orders of the Survey Authorities cannot also be sustained and the same - 10 - NC: 2025:KHC:12167 WP No. 23681 of 2023 C/W WP No. 3288 of 2022 are accordingly quashed. The Survey Authorities are at liberty to initiate proceedings in the event the Assistant Commissioner comes to a conclusion that the grant in favour of S.H.Muddaiah was a concocted one. 13. WP.3288/2022 is accordingly allowed. 14. The status-quo regarding entries as it exists shall continue till the disposal of the matter by the Assistant Commissioner. Sd/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1 Sl No.: 70