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2011 Supreme(Kar) 542

High Court of Karnataka
D.V. SHYLENDRA KUMAR
C. Suresh & Another
Versus
State of Karnataka represented by the Secretary Revenue Department & Others
Writ Petition No.24752 of 2011 (KLR-RR/SUR) C/w. Writ Petition No.24241 of 2011 (KLR-RR/SUR)
Decided on : 07-09-2011

Advocates appeared:
For the Petitioner:K.V. Lakshmanachar, Advocate. For the Respondent: R. Omkumar, AGA.

Headnote:KARNATAKA LAND REVENUE ACT, 1964 - Section 136(3): [D.V. Shylendra Kumar, J] Writ petition filed in the year 2011 seeking for relief in respect of an order passed in 2007 - Held, It is not necessary for this court to go into the disputed aspects particularly, as to whether the revenue records, the one relating to entering the names of some person or phoding or rephoding etc., are all to bring the revenue records in conformity with the right title acquired by persons under transactions are enabled in law and to reflect these entries and the drawing of a sketch are all due to change of ownership and rights in the subject property and are all not one to bring about such change by themselves, such entries in the revenue records are as a sequel to the change of ownership in respect of lands and therefore transactions otherwise are enabled in law. These are all questions particularly, the ownership aspects which are required to be examined by Civil Court and not by this Court. The Court do not find any need or necessity or even justification to quash the impugned order insofar as the petitioners are concerned for the reason that not only the petition is hit by delay and laches, but also that petitioners have not shown any real/genuine cause of action and moreover a subsequent development in terms of the order which is in favour of the writ petitioners insofar as the revenue entries etc., are concerned virtually renders this writ petition infructuous. Petitioners have to approach a Civil court. Reserving such liberty these writ petitions are dismissed.

Judgment :-

(This writ petition is filed under Articles 226 & 227 of the Constitution of India with a prayer to call for records in case no. survey revision no.13/06-07 on the file of the second respondent and quash the orders dated 15.3.2007 passed by the second respondent in survey revision no.13/06-07 dated 15.3.2007 vide Annexure-F (The petitioner claimed in respect of Sy.No.42 (New Sy.No.74) and etc.,)

(This Writ Petition is filed under Articles 226 & 227 of the Constitution of India with a prayer to call for records in case no. Survey Revision No.13/06-07 on the file of the second respondent and quash the orders dated 15.3.2007 passed by the second respondent in survey revision no.13/06-07 dated 15.3.2007 vide Annexure-E (The petitioner claim in respect of land in Sy.No.42, New Sy.No.72) and etc.,)

These two writ petitions are by persons who claim interest in agricultural land through their father to an extent of 4 acres 20 guntas in Sy.No.42 of Turahalli village under a grant certificate dated 16.9.1971 (copy produced as Annexure-B to the petition) in WP.No.24752/2011 and the petitioner in WP.No.24241/2011 viz., Byrappa S/o. Venkatappa claiming a like extent of 4 acres 20 guntas of land in the very survey number had been granted to this petitioner also as per the very grant certificate of even date and copy of which is produced as Annexure-B in W.P.No.24241/2011.

2. It is the averment of the petitioners that either one or all the ancestors who had been granted the land are in possession and enjoyment of the land etc. Writ petitioners though have not made any averments in the petition as to any current cause of action or affectation due to which they have approached this Court seeking the following relief:-

“IN WP.No.24752/2011:

Quash the orders dated 15.3.2007 passed by the 2nd respondent in survey revision No.13/2006-07 dated 15.3.2007 (Annexure F) by issue of a writ of certiorari (the petitioner claims interest in respect of Sy.No.42. New Sy.No.74)

IN WP.No.24241/2011:

Quash the orders dated 15.3.2007 passed by the 2nd respondent in survey revision No.13/2006-07 dated 15.3.2007 (annexure-E) by issue of a writ of certiorari (the petitioner claims interest in respect of Sy.No.42. New Sy.No.72)

Particularly, for quashing the common order dated 15.3.2007 passed by the Special Deputy Commissioner, Bangalore Urban District in Old Sy.No.42 (New Sy.Nos 74 and 72) (copy produced as Annexures F & E) respectively whereunder the Special Deputy Commissioner purporting to have noticed that certain earlier phoding or sub-phoding of survey numbers and giving new survey numbers were all not called for, as the earlier application giving some new survey numbers was not called for, nor was it actual development and had directed the lower revenue officials to retain the revenue records in terms of the entries as it prevailed earlier and also having directed the lower revenue officials to show the subject land as forest land and the petitioners’ claiming that they were blissfully unaware of all these developments, but stumbled upon such developments by gathering information from the neighbours and particularly, the adjacent land owners in Sy.No.69, 70 and 71 also having suffered like orders and the order dated 15.3.2007 having been made subject matter of W.P.Nos.12979/2007 and 12482/2008 by the adjacent owners and this Court in terms of orders dated 15.09.2009 and 1.12.2009 having allowed these petitions and having set aside the order passed by the Special Deputy Commissioner for recording the name of the Forest Department in the subject survey numbers in the revenue records is an action taken in violation of principles of natural justice and having set aside the same and having remanded the matter and the petitioners having come to know of such developments have approached this Court for a like relief.

3. Writ petitions had been admitted by issue of rule and the following order dated 12.07.2011 had come to be passed:

“DVSKJ:

12.07.

























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