State Of Karnataka vs Sri Manjunath Dasappa
2021 Latest Caselaw 5569 Kant

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      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 6TH DAY OF DECEMBER, 2021

                        PRESENT

     THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE

                          AND

    THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

        WRIT APPEAL NO. 1137 OF 2021(KLR-RES)

BETWEEN:

1. STATE OF KARNATAKA
REPRESENTED BY ITS
PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
VIKAS SOUDHA, DR AMBEDKAR VEEDI
BANGALORE-560 001

2. THE TECHNICAL ASSISTANT AND EX-OFFICIO
JOINT DIRECTOR OF LAND RECORDS
DEPUTY COMMISSIONER OFFICE
BENGALURU URBAN DISTRICT
4TH FLOOR, K G ROAD
BENGALURU-560 009

3. THE ASSISTANT DIRECTOR OF LAND RECORDS
VINAYAKA NAGAR, ANEKAL TALUK
ANEKAL, BENGALURU-562106

4. THE TAHSILDAR ANEKAL
VINAYAKA NAGAR, ANEKAL TALUK
ANEKAL, BENGALURU-562106
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5. THE SPECIAL TAHSILDAR
ANEKAL TALUK
OFFICE OF THE TAHSILDAR
ANEKAL, VINAYAK NAGAR
ANEKAL, BENGALURU-562106

                                              ...APPELLANTS

(BY SRI.M.DHYAN CHINNAPPA, ADDL.AG A/W
SRI.S.S.MAHENDRA, AGA)

AND:

SRI MANJUNATH DASAPPA
S/O LATE SRI DASAPPA
AGED 51 YEARS
RESIDING AT NO.364-365,
9TH MAIN, J P NAGAR, 4TH PHASE
DOLLARS COLONY, BENGALURU-560 078

                                             ...RESPONDENT

(BY SRI.C M NAGABUSHANA & SMT.MUKAMBIKA BHAT,
ADVOCATES FOR C/R1)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO 1. SET ASIDE THE ORDER DATED
05.07.2019 PASSED BY THE LEARNED SINGLE JUDGE IN W.P. NO.
27089/2019 (KLR-RES) 2. CONSEQUENTLY DISMISS THE WRIT
PETITION NO. 27089/2019 (KLR-RES) FILED BY THE RESPONDENT
AND 3.GRANT SUCH OTHER RELIEFS AS THIS HONBLE COURT
DEEMS FIT IN THE FACTS AND CIRCUMSTANCES OF THE CASE.

       THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS

DAY,   SACHIN   SHANKAR    MAGADUM    J.,   DELIVERED   THE

FOLLOWING:
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                            JUDGMENT

The appellant-State has filed the captioned appeal

assailing the order dated 5.7.2019 passed by the learned

Single Judge in W.P.27089/2019.

2. Learned Additional Advocate General reiterating the

grounds urged in the appeal would submit to this Court that

the learned Single Judge placing reliance on the order passed

by the Deputy Commissioner on 17.08.2017 and subsequent

rectification order dated 3.10.2017 has directed the authorities

to classify 19 acres 10 guntas as "A" kharab land. Based on

this order, the respondent No.1-petitioner is asserting right to

an extent of 25 acres 23 guntas and the learned Single Judge

has directed the Assistant Director of Land Records and

Tahsildar to complete rectification of Akarabandh and

consequently issue RTC showing the actual ain land available

to the petitioner at 25 acres 23 guntas in Survey No.183/2

and also depict 'A' kharab land at 15 guntas and 'B' kharab at

3 acres.

3. Learned Additional Advocate General would submit

to this Court that there is subsequent development after

disposal of the writ petition by the learned Single Judge. He

would submit that the entire claim of respondent No.1-

petitioner is based on the order passed by the Deputy

Commissioner which is seized before the Regional

Commissioner whereby the order dated 17.8.2017 passed by

the Deputy Commissioner is stayed.

4. Heard the learned Additional Advocate General and

counsel appearing for respondent No.1-petitioner.

5. If the order dated 17.08.2017 passed by the

Deputy Commissioner is stayed by the Regional

Commissioner, the order passed by the learned Single Judge

directing the ADLR and the jurisdictional Tahsildar to give

effect to the order of the Deputy Commissioner and carry out

rectification of AkarBandh would not survive for consideration.

The appellant and first respondent in view of pendency of

revision before the Regional Commissioner have to be

relegated before the revisional authority. We are of the view

that any rectification of akarbandh and consequent mutations

in revenue records in regard to extent of land in Survey

No.183/2 would be subject to outcome in a pending revision

petition before the Regional Commissioner.

6. All contentions raised before the learned Single

Judge by respondent No.1-petitioner and grounds urged by

the State in the present writ appeal are kept open and the

parties are at liberty to agitate the said respective grounds

before the Regional Commissioner.

It is also open to the State to file appropriate application

before the learned Single Judge if the same is permissible

within a period of three weeks.

With these observations, the writ appeal stands disposed

of.

The pending interlocutory applications, if any, stand

disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

*alb/-