Writ Petition No. 31895 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:9211 WP No. 31895 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 31895 OF 2024 (KLR-RR/SUR) BETWEEN: 1. SRI MOHAMMED JANI AHMED SON OF LATE MOHAMMED BASHEER, AGED ABOUT 56 YEARS, RESIDING ATNO. 542, 7TH CROSS, VINOBHA NAGAR, ARABIC COLLEGE, BENGALURU NORTH TALUK, BENGALURU - 560045. 2. SRI. FAYAZ, SON OF LATE MOHAMMED BASHEER, AGED ABOUT 56 YEARS, RESIDING AT NO.52, 8TH CROSS, BEHIND K.G.HALLI POLICE STATION, VINOBHA NAGAR, ARABIC COLLEGE, BENGALURU NORTH TALUK, BENGALURU – 560045. (BY SRI. B.G.FAYAZ SAB., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, M.S.BUILDING, BENGALURU - 560001. 2. THE DEPUTY COMMISSIONER DISTRICT OFFICE COMPLEX, BEERASANDRA VILLAGE, DEVANAHALLI TALUK - 562110 BENGALURU RURAL DISTRICT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA …PETITIONERS - 2 - NC: 2025:KHC:9211 WP No. 31895 of 2024 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION, DODDABALLAPURA - 561203 BENGALURU RURAL DISTRICT. 4. THE TAHASILDAR DODDABALLAPURA TALUK, DODDABALLAPURA - 561203 BENGALURU RURAL DISTRICT.
Legal Reasoning
(BY SMT. B.P.RADHA., AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE ENTIRE RECORDS PERTAINING TO THE CASE OF THE PETITIONER AND DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATIONS DATED 23.09.2024 AND 04.10.2024, SUBMITTED FOR DELETING THE ENTRY IN COLUMN NO.9 OF THE RTC WHEREIN WRONGLY MENTIONED AS SARKARI BEELU AND FOR CHANGE OF REVENUE RECORDS IN THEIR NAMES AS PAVATHI KHATEDAR BY REVEALING THE NAMES OF THE PETITIONERS IN COLUMN NO.9 AND 12 OF COMPUTERIZED RTC AND MUTATION REGISTER IN RESPECT OF AN IMMOVABLE AGRICULTURAL PROPERTY BEARING SY NO.7, MEASURING 21 ACRES AND 11 GUNTAS, EXCLUDING 3 ACRES KHARAB, SITUATED AT BENAKINAMADAGU VILLAGE, SASALU HOBLI, DODDABALLAPURA TALUK, BENGALURU RURAL DISTRICT, WHICH ARE PRODUCED AND MARKED AS ANNEXURES-L AND M, ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:9211 WP No. 31895 of 2024 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. The prayer in this writ petition is for a direction to the respondents to consider the representation dated 23.09.2024 and 04.10.2024, by which the petitioners have requested for deletion of the term “Sarkari Beelu” in the RTC and to incorporate their name by virtue of the fact that they had inherited the property from their father. 2. The case of the petitioners is that, the land bearing Sy.No.7 has been ordered to be forfeited for non- payment of land revenue way back in the year 1939- 40 and was also sought to be auctioned, but since there were no bidders, the property was ordered to vest in the State, as could be seen from the entry in the record of rights as per Annexure - D. 3. It is the further case of the petitioners that, thereafter, the grandfather of the petitioners Sabu - 4 - NC: 2025:KHC:9211 WP No. 31895 of 2024 Sab paid the arrears of land revenue and, thereby, got the land restored to his name and this was also reflected in the record of rights vide Annexure – E, vide M.R.No.2/1939-40. It is therefore contented that, right from the year 1939-40, the name of the petitioners’ grandfather was entered in the revenue records and, therefore, the entry in the RTC as “Sarkari Beelu” was improper. 4. It is the further case of the petitioners that, after their grandfather's death, the name of the petitioners’ father - Mohammed Basheer was also mutated in revenue records vide M.R.No.2/1987-88, vide Annexure - G. 5. It is submitted that, from the year 1987-88, the name of the petitioners’ father has been entered in the records, but along with the name of the petitioners’ father, the “Sarkari Beelu” entry is also made. - 5 - NC: 2025:KHC:9211 WP No. 31895 of 2024 6. It is submitted that, after the demise of the petitioners’ father, the petitioners made an application for incorporating their name, but the Authorities have continued only the entry of “Sarkari Beelu” in the records and the occurrence of their father’s name has also been deleted from the revenue records despite there being a valid Mutation Register in M.R.No.2/1987-88. 7. In my view, in the light of the facts narrated above, it is clear that, the name of the petitioners’ grandfather had been entered into the record of rights vide M.R.No.2/1939-40 and, thereafter, the name of the petitioners’ father was also mutated vide M.R.No.2/1987-88. 8. In other words, for more than about 48 years, the name of the petitioners’ grandfather or the petitioners’ father were found in the records, but only on the computerization of the revenue records, their - 6 - NC: 2025:KHC:9211 WP No. 31895 of 2024 names have been deleted and only the entry of the term “Sarkari Beelu” has been entered. 9. Learned counsel for the petitioners contends that Annexure – J, which relates to payment of revenue, would also indicate that revenue was collected from the father of the petitioners for quite a long period of time and this would also indicate that they have the right to get their name entered in the record of rights. 10. Learned AGA on the other hand contends that the office does not have details about the auction conducted by the Authorities or the factum of the petitioners’ grandfather for having paid the revenue and got the land restored in his favor. 11. In my view, this argument cannot be accepted in the light of the aforementioned mutation register extracts, which indicate that the name of the petitioners’ grandfather was incorporated, thereby - 7 - NC: 2025:KHC:9211 WP No. 31895 of 2024 meaning that the lands stood restored in his favor. The fact that the name of the petitioners’ father was also entered in the revenue records from the year 1987-88 under M.R.No.2/1987-88 would also indicate that the inheritance of the land by the petitioners’ father was also recognized and acknowledged by the Authorities. 12. In the light of the above, the continuation of the “Sarkari Beelu” in the records cannot be justified. 13. Consequently, the Authorities are directed to delete the term “Sarkari Beelu” and consider the application of the petitioners for being entered in the RTC on the basis of inheritance. 14. This excise shall be undertaken and completed within a period of two months from the date of receipt of the copy of this order. 15. The petitioners are at liberty to produce all the records that are in their possession to indicate that - 8 - NC: 2025:KHC:9211 WP No. 31895 of 2024 they have succeeded to the property and there are no other legal heirs.
Decision
16. This writ petition is accordingly disposed of. 17. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE GSR List No.: 1 Sl No.: 5