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2019 Supreme(Kar) 1621
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.N. Satyanarayana, J.
Smt Jayalakshmamma W/O Late Sri. Bellikere Appayya and Ors. – Petitioners
Versus
The State of Karnataka Represented by Its Secretary and Ors. – Respondents
W.P.NO.56533 of 2018 (KLR-RR/SUR)
Decided On : 24-04-2019
For the Petitioner: Sri. A Keshava Bhat, Adv.
For the Respondent: Sri. Venkaesh Dodderi, AGA
Headnote:
Karnataka Land Revenue Act, 1964 - Section 71 - Claim of land – Quash of order - He had no source of livelihood to maintain himself and his family - Hence he approached the authorities seeking grant of acres of land to eke out his livelihood - His prayer was favorably considered by Special Deputy Commissioner of Bangalore District in aforesaid proceedings and he was granted acres of land of Village which was found to be an excess land and same was reduced to revenue purpose and granted in his favor - It is also seen that before granting said land in favor of petitioner a sketch was also prepared under Section 71 of Karnataka Land Revenue Act, 1964 and after identifying extent of land same was granted in favor of petitioner - Subsequently there were several correspondences between grantee and Government where he would state that he being lame person and having no source of income he was not in a position to pay upset price - Considering his prayer same was reduced - Said amount was paid by him and thereafter Grant Certificate in Form No.1 was also issued – Held, Contents of said file clearly discloses that husband of first petitioner and father of petitioners 2 to 5 had approached authorities with a prayer to grant acres of land in Village on ground that he is a lame person and he is incapable of eking out his livelihood - His request was considered by authorities subject to payment of upset price per acre for which he gave representation that he is landless and lame person - Having accepting same authorities have reduced the upset price - Said amount has also been received by authorities - Thereafter grant certificate is issued in his name - It is nothing but an attempt to extort money by authorities which has resulted in issuing endorsement as per annexure-A - When this matter is taken up for consideration learned AGA tried to persuade this Court that matter is already pending consideration before Special Deputy Commissioner and therefore matter be sent there - This Court is unable to understand nature of submission of learned AGA after having seen entire file which clearly shows that infect there was proceedings before authorities which has resulted in grant of two acres of land in favor - Therefore it is understanble as to why matter should be sent to Special Deputy Commissioner for formally passing some order and thereafter allow parties to again approach this Court thereby dragging the matter for another few years - This Court having found that grant is genuine and that petitioners indeed are in possession of said laid as wife and children of original grantee this Court find absolutely no reason to send this matter to any other authority much before Special Deputy Commissioner before whom matter is stated to be pending consideration - Writ petition is allowed
ORDER :
This writ petition is filed by the widow and children of late Bellikeri Appayya, who is granted 2 acres of land in Survey No.115 of Channasandra Village, Hosakote Taluk, vide proceedings bearing No.LND/SR(1)2644/1973-74 dated 22.12.1973.
2. Admittedly, the said Appayya was a lame person (without legs). He had no source of livelihood to maintain himself and his family. Hence, he approached the authorities seeking grant of 2 acres of land to eke out his livelihood. His prayer was favourably considered by the Special Deputy Commissioner of Bangalore District in the aforesaid proceedings and he was granted 2 acres of land in Survey No.115 of Channasandra Village, which was found to be an excess land in gomal and the same was reduced from Gomal to revenue purpose and granted in his favour.
3. It is also seen that before granting the said land in favour of the petitioner a sketch was also prepared under Section 71 of the Karnataka Land Revenue Act, 1964 and after identifying the extent of land, the same was granted in favour of the petitioner. Subsequently there were several correspondences between the grantee and the Government where he would state that he being lame person and having no source of income, he was not in a position to pay the upset price of Rs.200/-. Considering his prayer, the same was reduced from Rs.200/- to Rs.100/-. The said amount was paid by him and thereafter Grant Certificate in Form No.1 was also issued on 22.12.1973.
4. Though the grant certificate was issued in the year 1973, the phoding and survey work was not done even after the grantee approaching the authorities for several years. However, in the year 2018 for the first time an endorsement is issued in No.LND(Ka)C.R.109/2016-17 dated 02.11.2018 where several absurd and unreasonable objections are raised and the officials without any reasons have gone to the extent of observing that the documents which are produced would indicate that they are tampered and their genuineness is doubted and that the documents produced are doubted as fake documents. Accordingly, refused to conduct phodi work. It is in this background that the petitioners have come up in this writ petition.
5. Perusal of the writ petition averments clearly discloses the apathy with which the Government officials would treat the common people when they approach them for phodhi work. The petitioners have brought to the notice of this Court that earlier on three occasions, they had approached this Court for similar relief. First of that is in W.P.No.15408/2006 where the original grantee Bellikere Appayya sought for a direction to the authorities to enter his name in all the revenue records like pahani, mutation etc. The said writ petition was disposed of with a direction to the respondents therein to consider the applications filed by the petitioner as per Annexures-F1, F2 and F3 and to dispose of the same in accordance with law within four weeks from the date of receipt of the said order. The aforesaid order is dated 5.6.2007, which is not considered till today.
6. Thereafter the second writ petition was filed by Bellikere Appayya in W.P.No.6938/2007 which was also disposed of with similar directions on 5.3.2009. That order is also not given effect to by the Tahsildhar. Subsequently the third writ petition in W.P.No.3781/2018 was filed by the petitioners herein i.e. widow and children of the original grantee Bellikere Appayya since he had died by then. The said writ petition was also disposed of by order dated 27.3.2018 with certain directions to the respondents. It is in response to that, Annexure-“A” is issued. A reading of the same would clearly indicate that there is a dirty attempt on the part of the officials in some how trying to deny the legitimate claim of the petitioners to the extent of 2 acres of land which was benevolently granted to Bellikere Appayya in the year 1973.
7. The impugned endorsement discloses that the claim of the petitioner is termed as bogus and it is tried to b
