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IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 28TH DAY OF NOVEMBER , 2022
BEFORE
THE HON'BLE MR. JUSTICE KRISHNA S.DIXIT
WRIT PETITION NO.17731 OF 2022 (KLR-RES)
BETWEEN:
SRI. VENKATESH @ HONAPPA,
AGED ABOUT 57 YEARS,
S/O. LATE HANUMAPPA,
RESIDING AT NO.137,
1ST CROSS, ROTARY NAGARA,
NEAR SAMUDHAYA BHAVAN,
KODICHAKANAHALLI GRAMA,
BEGUR HOBLI,
BENGALURU SOUTH TALUK,
BENGALURU-560 076.
...PETITIONER
(BY SRI. ABHINAV RAMANAND A., ADVOCATE)
AND:
1.
STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S.BUILDINGS,
DR.AMBEDKAR ROAD,
BENGALURU-560 001.
REPRESENTED BY
ITS PRINCIPAL SECRETARY.
2.
THE SPECIAL DEPUTY COMMISSIONER,
BENGALURU SOUTH SUB-DIVISION,
BENGALURU URBAN,
2ST FLOOR, K.G.ROAD,
BENGALURU-560 009.
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3.
THE ASSISTANT COMMISSIONER,
BENGALURU SOUTH SUB-DIVISION,
KANDAYA BHAVAN,
K.G.ROAD,
BENGALURU-560009.
4.
THE TAHASILDAR,
BENGALURU SOUTH SUB-DIVISION,
KANDAYA BHAVAN,
GROUND FLOOR,
K.G.ROAD,
BENGALURU-560009.
… RESPONDENTS
(BY SRI.R. SRINIVASA GOWDA, AGA)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT THE R4 TO EFFECT THE REVENUE ENTRIES IN THE
NAME OF PETITIONER IN TERMS OF THE ORDER DATED
17.02.2022 PASSED BY R2 IN RRT (2)(S)CR/33/2016-17 AT
ANNEXURE-K TO THE PRESENT WRIT PETITION.
THIS
PETITION
COMING
ON
FOR
PRELIMINARY
HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE
FOLLOWING:-
The grievance of the Petitioner is as to non-
updation of the entries in the Revenue Records, that
were left over because of some computer-related
problem during the relevant period. Learned counsel for
the Petitioner vehemently argues that the Deputy
Commissioner made a suo moto Revisional Order under
Section 136(3) of the Karnataka Land Revenue Act, 1964
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on 07.02.2022 at Annexure-K to make entries and the
same is not being obeyed by the other revenue officials
of the lower rung and this would not augur well for the
rule of law.
Learned
AGA
appearing
for
the
official
Respondents opposes the Petition contending that there
would be no much difficulty for updation of partial entries
i.e., in Column No.9 of the RTC; however, there is
difficulty in respect of entry to be made in Column
No.12(2) of the RTC inasmuch as, some other persons
have already built structures in the subject land and
thus, Petitioner can not be in the cultivars column. He
also draws attention of the Court to the Affidavit filed by
the
Tahsildar
on
17.10.2022
in
this
regard.
So
contending that, he seeks dismissal of the writ Petition.
Having heard the learned counsel for the
parties and having perused the Petition papers, this
Court is inclined to grant a limited indulgence in the
matter inasmuch as, the entries that were left over
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because
of
computer-related-problem,
need
to
be
restored to the Revenue Records at least to the extent
they
relate
to
Column
No.9.
Since
the
possession/occupation is a factor so far as Column
No.12(2) is concerned, Petitioner has to workout his
remedy elsewhere in accordance with law, as rightly
contended by learned AGA.
For the grant of limited relief as indicated
above, the version of Tahsildar at Paragraph Nos. 7 & 8
of his Affidavit comes to the partial support of the
Petitioner and therefore, the same is extracted below:
7. “I state that pursuant to the said grant
there is no impediment for our office to
effect
mutation
in
favour
of
the
petitioner. However, the petitioner has
required to take necessary steps to
recover possession from the persons
who have constructed the house and
residing therein in the portion of the
land said to have been granted in favour
of the father of the petitioner in Sy.
No.29 of the Kodichikkanahalli village
measuring 30 guntas.
8. I state that, after the entry of mutation
and RTC in favour of the petitioner our
office or the Revenue department cannot
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be in a position to put the petitioner in
possession of the land by evicting the
persons who have constructed houses
and residing therein. As such if this
Hon’ble court is permitted to effect
mutation in favour of the petitioner in
column no.9 of the RTC, our office would
be in a position to enter the same but, in
column No.12 of the RTC i.e., occupants
column the name of the petitioner
cannot be entered for the aforesaid
reasons.”
In the above circumstances, this Writ Petition is
disposed off; the official Respondents are directed to
enter the name of Petitioner in Column No.9 of the RTC.
The time for compliance is three months, all contentions
in respect of that are kept open.
The question of making entry to Column No.12(2)
of the RTC would arise if & when Petitioner obtains a Civil
Court Decree in that regard.
No costs.
Sd/-
JUDGE
Bsv