CAV JUDGMENT

(PER: HON'BLE MR. JUSTICE T.M NADAF)

This intra court appeal is by the State and its instrumentalities under Section 4 of the Karnataka High Court Act, 1961 challenging the order dated 27.11.2024 passed by the Writ Court in W.P.No.24304/2021.

2. By the impugned order, the Writ Court disposed of the Writ Petition holding that the petitioner acquired title by means of declaration of title by Civil Court which reached up to Supreme court and directed the fourth respondent to enter the name of the petitioner in the revenue records including the RTC extracts to enable the petitioner to get compensation from the fifth respondent for acquisition of lands by it in a time bound manner with further directions.

3. The parties are referred to as per their rankings before the Writ Court.

4. Facts leading to file the present appeal are as under:

4.1 The case of the petitioner as put forth by them before the Writ Court was that, one Sheragar Laxma Bhovi was in possession of land bearing Sy.Nos.82, 52 and 61 to an extent of 13 Acres 29 Guntas in Dattagalli Village, Mysore Taluk. It is further stated that land has been granted in favor of said Sheragar Laxma Bhovi as per the Grant Order dated 31.03.1954 (Annexure-B). After the death of Sheragar Laxma Bhovi, the name of the petitioner being the legal representative of said Sheragar Laxma Bhovi came to be entered in the revenue records as per IHR No.4/1983-84 (Annexure-C).

4.2 At the earlier point of time, in view of certain disputes by the State Government denying the title of the petitioner, a suit in O.S.No.96/1997 came to be filed against the Government entities viz., State of Karnataka represented by its Chief Secretary, the Assistant Commissioner, Mysore Sub-Division, Mysore and Mysore Urban Development Authority¹MUDA, for short.

The suit on contest, came to be decreed on 30.07.2001 declaring the petitioner and other plaintiffs as absolute owner of suit schedule property.

4.3 The State and other defendants aggrieved by the Judgment and decree stated supra in suit O.S.No.96/1997, filed R.A.No.257/2009 along with an application seeking condonation of delay. The said application came to be allowed after contest. That was the subject matter before the Writ Court in W.P.No.27735/2010 contending that the appeal filed belatedly by five years, and the Appellate Court erroneously allowed the application. The Writ Court vide order dated 30.08.2011 (Annexure-E) allowed the Writ Petition and set-aside the order passed by the Appellate Court in R.A.No.257/2009 allowing the I.A seeking condonation of delay. Consequently, the appeal filed by the State was dismissed. The order in Writ Petition unsuccessfully carried before the Supreme Court in Special Leave Petition.

4.4 It is further stated in the Writ Petition that respondent No.5 has utilized the land belonging to the petitioner without initiating any acquisition proceedings and accordingly, the petitioner presented the Writ Petition before the Writ Court.

4.5 It was contended before the Writ Court that the petitioner acquired his right through his ancestor Sheragar Laxma Bhovi and by means of declaration of the Civil Court, his title to the land declared, the respondent No.5 without initiating any acquisition proceedings utilized the land for the purpose of laying of road. An application was filed seeking compensation which was not considered on the ground that the petitioner's name was not found in the RTC. Accordingly, a representation was filed requesting the State authorities to enter the name of the petitioner and his family members in the RTC records as the request was not favoured and the petition filed seeking relief with further direction against respondent No.5 to grant compensation in respect of the portion of land utilized belonging to the petitioner.

4.6 This contention of the petitioner was refuted by both the Government as well as MUDA, stating that there is a cloud in so far as title of the property in question and also di