Reclassification of 'A' kharab land to 'B' kharab requires adherence to due process, including a proper enquiry and opportunity for the landowner to be heard, as established by judicial precedents.

C.A.V. ORDER

The captioned petition is filed seeking the following reliefs:

i. Issue a Writ in the nature of certiorari or any other writ or direction quashing the order dated 13.5.2009 in No.LND(Poo)CR:47/07-08 and 21/07-08 passed by the Deputy Commissioner, Bengaluru a copy of which is produced at Annexure-E.

ii. Issue a writ of certiorari or any other writ or direction quashing the order dated 1.9.2023 passed by the Technical Assistant to Deputy Commissioner & Designated D D L R, office of Deputy Commissioner, Kandaya Bhavan, Bengaluru 560 009 a copy of which is produced at Annexure-R.

iii. Grant such other reliefs, as this Hon'ble court deems fit and proper in the facts and circumstances of the case, in the interest of Justice and equity.

2. Petitioner is asserting to be the absolute owner in possession and enjoyment of 4 acres 18 guntas of land including 4 acres 9 guntas of kharab land in Sy.No.26/1. Petitioner traces title based on registered sale deed dated 25.11.2013 obtained from erstwhile owner. Petitioner also claims that originally land to an extent of 5 acres and 4 acres 9 guntas of kharab land was granted to R.K.Muthukrishna in Sy.No.26 of Basavanapura, K.R.Puram Hobli, Bengaluru South vide order dated 30.08.1966. To substantiate the grant and issuance of saguvali chit, petitioner has placed reliance on these documents which are evidenced at Annexures-B and C respectively. Petitioner further claims that granted land was subjected to durasth and the extent was corrected as 4 acres 28 guntas instead of 5 acres along with 4 acres 9 guntas kharab land and the land granted to petitioner's vendor was assigned a fresh Sy.No.26/1 which is evidenced at Annexure-D.

3. The petitioner is aggrieved by the order passed by the Deputy Commissioner dated 13.05.2009, whereby an extent of 1 acre 20 guntas in Survey No.26 was allotted in favour of respondent No.4 – Bruhat Bengaluru Mahanagara Palike (BBMP) through an Official Memorandum dated 08.07.2009. The petitioner contends that this land formed part of the property in his lawful possession and ownership. In order to challenge this allotment, the petitioner preferred a revision petition before respondent No.2 – the Deputy Commissioner, seeking to establish his title and possession over the land in question as well as other adjoining lands. Pursuant to the said revision, an enquiry was conducted by the Deputy Commissioner, who upon detailed consideration of the records and materials available, passed an order dated 24.11.2015, produced as Annexure-G. In the said order, the Deputy Commissioner unequivocally held that the lands claimed and held by the petitioner were not government lands, thereby recognizing the petitioner's rights over the said property.

4. The petitioner further asserts that, following the Deputy Commissioner's order, the jurisdictional Tahsildar initiated appropriate steps by addressing a communication to the Assistant Director of Land Records, requesting a formal survey of the 1 acre 20 guntas of land in Survey No.26 which had been previously granted to BBMP. While this process was underway, the petitioner was constrained to file a writ petition in W.P. No. 22154/2021 seeking a writ of mandamus to direct the concerned authorities to remove the illegal entries made in the "Sarkari Beedu Banjara" column in the revenue records such as the Karda and Pakka book, which adversely aff