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2023 Supreme(Kar) 1185
IN THE HIGH COURT OF KARNATAKA
S.Sunil Dutt Yadav, J.
Patalamma – Appellant
Versus
State of Karnataka – Respondent
Writ Petition No. 3704 of 2022 (KLR-RES)
Decided On : 11-10-2023
H.Pavana Chandra Shetty, Advocate, C.N.Mahadeshwaran, Advocate, H.Shanthi Bhushan, Advocate, V.G.Bhanuprakash, Advocate, Chethan S.P., Advocate, A.V.Nishanth, Advocate
The court established that discrepancies in land records must be rectified under Section 136(3) of the Karnataka Land Revenue Act, ensuring that no new grants or rights are created until such rectification is completed.
Headnote:
MANDAMUS - LAND REVENUE - KARNATAKA LAND REVENUE ACT, 1964 - SECTION 136(3) - The court addressed the issuance of a writ of mandamus to direct the respondents to conduct a survey and rectify discrepancies in land records under Section 136(3) of the Karnataka Land Revenue Act, 1964. The key legal provision allows for correction of errors in revenue records, which was pivotal in the court's decision to maintain status quo until the rectification process is completed. The court emphasized the importance of accurate land records and the need for administrative accountability regarding discrepancies.
Fact of the Case:
The petitioner sought a writ of mandamus to direct the respondents to conduct a survey of land Sy. No. 23, claiming that a portion of the land had been granted to their mother-in-law in 1952, and that there were discrepancies in the revenue records regarding the extent of the land.
Finding of the Court:
The court found that there were significant discrepancies in the revenue records, with the actual extent of land being 606 acres 29 guntas, while the records inaccurately showed larger measurements. The court noted that proceedings under Section 136(3) of the Karnataka Land Revenue Act had been initiated to correct these errors.
Issues: Whether the respondents should be directed to conduct a survey and rectify the discrepancies in the land records, and whether any further land allotments should be made without proper demarcation.
Ratio Decidendi: The court held that the proceedings under Section 136(3) of the Karnataka Land Revenue Act must be concluded expeditiously to rectify the revenue records, and that no new grants or third-party rights should be created until the rectification process is complete.
Final Decision: The court directed that the proceedings under Section 136(3) be disposed of within a specified timeframe and maintained the status quo regarding the land in question until the rectification was completed.
JUDGMENT
1. Petitioner has sought for issuance of writ in the nature of mandamus to direct respondents 5 to 7 to conduct survey in respect of Sy. No. 23 measuring 622.24 acres out of which an extent of 296 acres 2 guntas has to be demarcated as granted land. Petitioner has also sought for issuance of writ in the nature of mandamus to respondents 1 to 5 not to hand over an extent of 207 acres in Sy. No. 23 to the defence authority without conducting survey and phodi of the land. Petitioner has further sought for a direction not to allot any further land in Sy. No. 23 referred to above without demarcating the lands allotted to the petitioner.
2. Learned counsel for petitioner submits that petitioner's mother-in-law / Smt. Chowdamma along with other grantees, was granted an extent of 4 acres in the land beaing Sy. No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru District, on 29/11/1952. It is further submitted that after such grant, saguvali chit was issued as per Annexure-D and subsequent to the death of Smt. Chowdamma, mutation has been changed in the name of petitioner, but however, there is no phodi proceedings conducted.
3. The Tahsildar was present on 10/10/2023 and upon his instructions, learned Additional Government Advocate has filed a memo which reads as hereunder:
"The Respondents/State humbly submits as follows:-
1. The above Writ Petition was filed by the Petitioner seeking for a writ of mandamus to conduct Survey and Phodi in respect of Sy.No.23 measuring to an extent of 622 acres 24 guntas, out of which, an extent of 296 acres 2 guntas has to be de-marketed as per grant made by the Respondents to the Petitioner in relation to the land situated at Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District.
2. It is submitted that for the purpose of conducting Phodi, the RTC was referred to in relation to Sy.No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District In the said RTC, Sy.No.23 which actually measuring to an extent of 606 acres 29 gunts as per the present Aakarband. However, in the RTC, the total extent of acre 9 guntas and in Colum No.9, it is shown as 906 acres 13 guntas. The land in Sy.No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District is measuring to an extent of 606 acres 29 guntas only and there is an excess of 300 acres 16 guntas of land has been shown in the RTC. A copy of the RTC is produced herewith and marked as DOCUMENT NO.1.
3. It is submitted that the Tahsildar written a letter, addressed to the Special Deputy Commissioner dtd. 21/9/2023 seeking for suo-moto proceedings under Sec. 136(3) of the Karnataka Land Revenue Act 1964 to correct the error in the RTC in relation of land bearing Sy.No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District. The copy of the letter dtd. 21/9/2023 is produced herewith and marked as DOCUMENT NO.2.
4. It is submitted that based on the letter dtd. 21/9/2023, the Special Deputy Commissioner has initiated proceedings under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 and issued notice to all the persons, who are in possession of the said property bearing Sy.No.23 as per the RTC. After enquiry, the error appeared in the RTC will be rectified by passing an order under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 by Special Deputy Commissioner, Bengaluru South Taluk, Bengaluru.
5. It is submitted that once the entries in RTC was rectified by the Special Deputy Commissioner under Sec. are 136(3) of the Karnataka Land Revenue Act, the jurisdictional Special Tahsildar will rectify the entries in the RTC at Column Nos.3 and 9 based on the order passed by the Special Deputy Commissioner. The Regular Tahsildar will proceed to make an entry in Column Nos.1 to 5. Thereafter, the Assistant Commissioner will forward the file to the Deputy Director of Land Records for the purpose of conducting Phodi and Dura
