The main legal point established in the judgment is that the initiation of proceedings under Section 136(3) of the Karnataka Land Revenue Act after a significant delay, especially when the land had been converted for non-agricultural/industrial purposes, was unreasonable and not in line with the constitutional duty of public servants.

ORDER :

1. This is an unfortunate case, where the Deputy Commissioner has initiated the proceedings under the provisions of Section 136(3) of the Karnataka Land Revenue Act, 1964 (‘the Act’ for short) after lapse of more than 48 years. The petitioner has filed the present writ petition to quash the impugned order dated 1.4.2011 made in RRT(2)(NA) CR 501/2009-10 by the 2nd respondent-Special Deputy Commissioner.

(I) BRIEF FACTS OF THE CASE:

2. It is the case of the petitioner that Rule-41 to 43M of the Mysore Land Revenue Code, 1888 got substituted by Notification No. RD 4 LAD 1960 dated 19.5.1960 and the ‘political sufferer’ also got included in the category of persons entitled for grant of land by the Government. Accordingly, after considering the material on record, the Assistant Commissioner granted 6 acres of land in Sy. No. 1 of Arebinnamangala village, Jala Hobli, Bangalore North taluk (formerly Devanahalli Taluk) to one Sri M. Ramamurthy, who was political sufferer vide Grant Order No. LND-SR/1-551/1960-61 dated 14.11.1962. Totally, 16 persons were granted 6 acres of land each in the said Sy. No. 1. All the revenue records were entered in the name of the said Ramamurthy. After the death of said Ramamurthy, his wife-Kamalamma succeeded to his estate and her name entered in the revenue records. Thereafter, Smt. Kamalamma w/o Ramamurthy sold 3 acres of land to Mr. Purushotham and remaining 3 acres of land in favour of Smt. Yashodamma under two registered sale-deeds dated 23.2.1983. The said Purushotham and Yashodamma, in turn sold their respective 3 acres of land in favour of Muniswamigowda, the father of the present petitioner under the two registered sale-deeds dated 17.3.1989 for valuable consideration. During the life time of said Muniswamigowda, he applied for conversion of 4 acres of land into non-agricultural/industrial purposes. Accordingly, the Deputy Commissioner exercising the powers under the provisions of Section 95 of the Act, has converted 4 acres of land in Sy. No. 1 for nonagricultural/ industrial purposes by Office Memorandum dated 25.11.1989 as per Annexure-P. Subsequently, the said Muniswamigowda sold 4 acres of land to one Lt. Col. A. Gopalan under the registered sale-deed dated 6.12.1989.

3. It is further case of the petitioner that the said Lt. Col. A. Gopalan (Retd.) availed loan from the Karnataka State Financial Corporation (‘KSFC’ for short) to set up an industry. Lt. Col. A. Gopalan defaulted in paying loan amount and therefore, KSFC took over 4 acres of land and sold it to one Sharadamma under the registered sale-deed dated 17.3.2004. Thereafter, Sharadamma sold the said property to Y. Balaraju under the registered sale-deed dated 27.12.2004.

4. It is further case of the petitioner that his father - Muniswamigowda died on 7.2.1998 leaving behind him (petitioner) to succeed to his estate. The revenue entries with respect to 2 Acres of land has been entered in the name of the petitioner in MR No. 12/2004-05. The Tahasildar issued further mutation of the said 2 acres of land in the name of the petitioner in MR No. 2/2007-08 by showing conversion entry of the remaining extent of the land as per Annexure-U.

5. When things stood thus, the 2nd respondent-Special Deputy Commissioner initiated the proceedings under the provisions of Section 136(3) of the Act on the basis of the report of the Tahasildar dated 24.12.2008. The petitioner in response to the notice issued by the Deputy Commissioner filed detailed objections on 7.1.2010 and produced certified copies of Register of Darkasth, saguvali chit extract, Record of Rights; several sale-deeds; certified copies of Mutation Register Extract and RTC extracts; copy of the Official Memorandum dated 25.11.1989 issued by the Deputy commissioner relating to conversion of land for agricultural/industrial purpose etc. and contended that his father- Muniswamygowda has got converted 4 acres of land out of 6 acres on 25.11.1989 and retained 2 acres of land and prayed for