KARNATAKA HIGH COURT
E.S.INDIRESH, J
SRI. P. ROHITH REDDY – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
WRIT PETITION NO.150 OF 2020
| Table of Content |
|---|
| 1. restoration of land records reflecting ownership is necessary. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented highlight the context of ownership and prior rulings. (Para 5 , 6 , 7) |
| 3. court affirms the need for revenue authorities to adhere to earlier judgments. (Para 8 , 9) |
| 4. final judgment is in favor of restoring rtc entries. (Para 10) |
ORAL ORDER
1. In this writ petition, petitioner has sought for writ of mandamus to consider the representations at Annexures D and E1 and to restore the RTC entries in Land bearing Sy. No.18 of Chikkaharadanahalli Village, Mysuru Taluk to an extent of 4 acre 20 guntas in the name of Sri. Abdul Shafi and issue direction to the Surveyor to Phody the land to an extent of 4 acre 20 guntas.
2. The relevant facts for adjudication of this writ petition are that, the Government of Mysore vide order dated 27.01.1955 had granted land to an extent of 4 acres 20 guntas as per Order No.DR.137-1955-56, at Chikkaharadanahalli Village, Mysore Taluk, in favour of one Abdul Wahab. After the death of the original grantee, the khata transferred into the name of his son - Abdul Shafi as per M.R.No.2/1981-82 which was confirmed by the Assistant Commissioner on 05.12.1990. It is further stated that, Sri. Puttaswamy, Boregowda and Chikkaiah have filed appeal in R.A.No.7/1993-94, before the Deputy Commissioner and as per order dated 22.05.1995, the Deputy Commissioner directed his subordinate officers to forfeit the land to the Government on the ground of violation of grant conditions. Feeling aggrieved by the same, appeal was preferred before the Karnataka Appellate Tribunal, in Appeal No.297/1995 and 348/1995. The Karnataka Appellate Tribunal, by order dated 30.04.1996, set aside the order passed by the Deputy Commissioner and directed to restore the name of Abdul Shafi and accordingly, the revenue authorities entered khata of the land in question in the name of Abdul Shafi as per M.R.No.1/1996-97. The said order of the Karnataka Appellate Tribunal, was questioned before this Court in W.P.No.30401- 30402/1996 and this Court, vide order dated 07.07.1999, dismissed the writ petitions holding that the said Abdul Shafi is the owner of the land in question. It is further stated in the writ petition that, petitioner herein has purchased the land from Abdul Shafi as per the registered Sale Deed dated 23.04.2008.
3. It is the case of the petitioner that, the respondent No.3 without issuing notice to the petitioner, passed order in RRT No.494/2011-12 to remove the revenue entries made in the name of the vendor of the petitioner and classified the entire extent of 4 acres 38 guntas of land as 'B kharab'.
4. It is the contention of the petitioner that, this Court in W.P.No.38976/2011, by order dated 28.06.2013, allowed the writ petition and directed the respondent - authorities to register khata in the name of the petitioner. It is also stated in the writ petition, that petitioner has filed one more petition in W.P.No.50824/2014, challenging the order dated 18.02.2012 passed by the respondent No.3, classifying the entire extent of land as 'B kharab'. This Court, vide order dated 08.11.2016, set aside the order passed by respondent No.3 classifying the entire extent of land as 'B kharab'. Pursuant to the direction issued by this Court, the respondent - authorities have mutated the name of the petitioner in the revenue records vide MR.H1/2018-19 dated 26.07.2018 and thereafter, the RTC extracts were issued. It is the grievance of the petitioner that, the entire extent of 4 acre 38 guntas in Sy.No.18 was identified as 'B kharab' land and the said entry is contrary to the order passed by the Karnataka Appellate Tribunal and by this Court. Immediately thereafter, the petitioner made representation dated 03.05.2019 (Annexure-D) to respondent Nos.2 to 5 to remove the wrong entries made in the RTC extracts, however, the respondents have not rectified the entry and as such the petitioner made another representation dated 09
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