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2021 Supreme(Kar) 97

IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R. DEVDAS, J.
Jayamma W/O Sri Maregowda And Ors. – Petitioners
Versus
State Of Karnataka Department Of Revenue Rep. By Its Principal Secretary And Ors. – Respondents
Writ Petition Nos.9723, 5008, 915 of 2020
Decided On : 15-03-2021

Advocates:
Advocate Appeared:
For the Petitioner:Sri Ashok Haranahalli, Senior Counsel For Sri C R Gopalaswamy, Advocate
For the Respondent:Sri Sajan Poovayya, Senior Counsel For Sri G R Venkatesh Murthy, Advocate, Smt Savithramma, Hcgp, Sri Prasanna B R, Advocate Sri Nagaraj Damodhar, Advocate

Point of law: Hon'ble the Chief Justice may take note of the observations of this Court and take up suo motu proceedings against the State Government to put an end to the pernicious practice of providing postings for monetary considerations and reasons other than public interest

Headnote:

Constitution of India,1950 - Articles 226, 227 and 338 - Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 - Section 5 - PTCL Act - Section 5A and 4(2) - Karnataka Land Revenue Act, 1964 - Section 39 - Revenue records - Registered sale deed - khathedars sold the property - Sri.Kaveriga was granted land in question, Subsequent to his death, legal heirs who inherited the property, got the khata transferred in their names - According co the inheritance khata, names of legal heirs were entered in the revenue records, in respect question - khathedars sold the property under a registered sale deed favour of one Sri.Karar Ahmed. Consequent to the transfer, the revenue records were mutated in the name he got lands converted from agricultural to non-agricultural purpose.

Finding of the court: Shall initiate an enquiry against respondent-Assistant Commissioner and the respondent-Tahsildar and if required place them under suspension immediately - At any rate, respondent-Assistant Commissioner not hear this matter - Petitioners herein shall be put back in possession of the iand in question, which was resumed by virtue of the impugned order - Liberty is granted to the petitioners to approach competent Civil Court to seek compensaticn/damages at the hands of the respondent-Assistant - Chief Secretary, Department of Revenue, for further action - Copy of this order shall also be placed before Hon'ble Chief Justice of this Court.

Result: Petition is diposed.

ORDER :

These three writ petitions arise between common parties and in respect of a property bearing Sy.No.152/1, situated at Doddathogur Village, Begur Hobli, Bangaluru South Taluk. Therefore, the petitions were heard together and are disposed of by this common order.

2. Certain undisputed facts are that one Sri.Kaveriga was granted the land in question. Subsequent to his death, the legal heirs who inherited the property, got the khata transferred in their names. According to the inheritance khata, the names of the legal heirs of Sri.Kaveriga were entered in the revenue records, in respect of the property in question. The khathedars sold the property under a registered sale deed dated 09.04.2001, in favour of one Sri.Karar Ahmed. Consequent to the transfer, the revenue records were mutated in the name of Sri.Karar Ahmed. Thereafter, he got the lands converted from agricultural to non-agricultural purpose, from the competent authority, on 21.09.2001. Sri.Karar Ahmed sold a parcel of the converted land, measuring about 1 acre 30 guntas, out of 2 acres 31 guntas, in favour of one Sri.K.Boopathy, on 27.07.2002. The remaining extent was sold in favour of M/s. Pathy Housing Private Ltd., represented by Sri.K.Boopathy, on 21.05.2003. The said Sri. K. Boopathy got a plan sanctioned for formation of a layout in respect of 1 acre 30 guntas and thereafter formed residential sites in the layout and sold 12 sites in favour Sri.K.C.Varghese. These 12 sites measuring about 14,880 sq.ft. were sold by Sri.K.C.Varghese in favour of M/s. Unidesign Builders and Developers Pvt. Ltd., the petitioner in W.P.No.915/2020 and W.P.5008/2020 and the 4th petitioner in W.P.No.9723/2020.

3. In the meanwhile, some persons had moved the Tahsildar, Bangalore South Taluk, seeking change of revenue entries in respect of Sy.No.152/1 and the adjacent properties. The Special Tahsildar, by order dated 21.12.2005 had directed entry of the names of the applicants in the revenue records, including Sy.No.152/1. Sri.K.Boopathy preferred an appeal before the Assistant Commissioner and the appeal was allowed, setting aside the order passed by the Special Tahsildar and further directed restoration of the khata as it stood earlier. At this juncture, the 8th respondent Sri.Muniraju M filed Revision Petition before the Deputy Commissioner, challenging the order passed by the Assistant Commissioner stating that he has not sold the property in favour of Sri.Karar Ahmed and that his name and signatures were fabricated in the sale deed. The Deputy Commissioner allowed the Revision Petition and set aside the order passed by the Assistant Commissioner.

4. The petitioner M/s. Unidesign filed a petition in W.P.No.56193/2017, calling in question the order passed by the Deputy Commissioner. In the said writ petition, along with the official respondents, respondent No.8 Sri.Muniraju M, Sri.Karar Ahmed, Sri.K.Boopathy and Sri. K. C. Varghese were arrayed as party respondents. The writ petition was allowed by order dated 03.04.2019, setting aside the orders of the Deputy Commissioner, while restoring the order passed by the Assistant Commissioner. A specific direction was given to remove the name of Sri Muniraju from the revenue records in respect of Sy.No.152/1, while noticing that he had sold the property and the lands were converted to nonagricultural use. A further direction was also given to reflect the formation of residential sites and the local authority was directed to give distinct site numbers. The writ appeal preferred by Sri Muniraju M was dismissed on 18.12.2019. In the meanwhile, M/s. Unidesign sold various sites in favour of petitioners No.1, 2 and 3. The said petitioners obtained sanctioned plan, put up construction and let out the properties on lease to various tenants.

5. The respondent No.8 Sri M Muniraju seems to have approached the National Commission of Scheduled Castes, New Delhi, (hereinafter referred to as 'the National Commission' for short) alleging that atrocities

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