Sri. Krishnappa vs The State Of Karnataka
2022 Latest Caselaw 11079 Kant

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 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 22ND DAY OF JULY, 2022

                       BEFORE

    THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA

       WRIT PETITION No.57294/2016 (LR)

BETWEEN:

SRI. KRISHNAPPA
S/O. LATE APPAYANNA,
AGED ABOUT 40 YEARS,
R/AT MUTHUGADAHALLI VILLAGE,
HESARAGHATTA HOBLI,
BENGALURU NORTH (ADDL) TALUK.
                                       ... PETITIONER
(BY SRI.H.P.LEELADHAR, ADV.)

AND:

1 . THE STATE OF KARNATAKA
    DEPARTMENT OF REVENUE,
    M.S. OFFICE BUILDING,
    DR. AMBEDKAR VEEDHI,
    BANGALORE-560 001,
    REPRESENTED BY ITS
    PRINCIPAL SECRETARY

2 . THE TAHASILDAR
    BANGALORE NORTH (ADDL.) TALUK,
    YALAHANKA SATELLITE TOWN,
    YELAHANKA,
    BANGALORE-560 064.

                                     ... RESPONDENTS
(BY SRI.C.N.MAHADESHWARAN, AGA)
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     THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH
THE ENDORSEMENT ISSUED BY THE R-2 DT: 1.10.2012 VIDE
ANNEXURE-H AND ETC.

     THIS PETITION COMING ON FOR FINAL HEARING THIS
DAY, THE COURT MADE THE FOLLOWING:

                          ORDER

1. In this writ petition, an endorsement issued by the

Special Tahasildar refusing to issue Form No.10 on the

ground that the land in question has been classified as

"Grama Samudaya" land in the revenue records, is

challenged.

2. It is not in dispute that the petitioner had sought

for grant of land under Section 77-A of the Karnataka

Land Reforms Act, 1961 by filing an application in Form

No.7A. It is also not in dispute that the said application

filed in Form No.7A was accepted by the Assistant

Commissioner and the land bearing Sy.No.2 measuring

0.25 guntas of Muthuguadahalli village, Hesaraghatta

Hobli, Bengaluru North (Addl.) Taluk was ordered to be

granted in favour of the petitioner.

3. The learned counsel for the petitioner submits that

this order has not been challenged by any person and

has thus attained finality. He submits that in the light of

an order of grant being made in favour of the petitioner,

it became the statutory duty of the Tahasildar to abide

by the said order and issue a title deed as required under

the Karnataka Land Reforms Rules, 1974 (for short 'the

Rules').

4. On the adjudication of an application filed in Form

No.7A and an order being passed granting the land in

favour of the petitioner, the petitioner becomes entitled

to claim ownership over the said property.

5. Rule 26-C(5) of the Rules, which prescribes the

procedure for grant of land by the Deputy Commissioner

or the authorised officer under Section 77-A of the Act,

reads as follows:

"Rule 26-C. Procedure for grant of land by the Deputy Commissioner or the

Officer authorised by the State Government under Secion 77-A.--

(1) XXX

(5) The Deputy Commissioner or the Officer authorised in this behalf shall after holding summary inquiry in the manner provided in Section 34 of the Karnataka Land Revenue Act, 1964 (Karnataka act 12 of 1964) grant land in accordance with Section 77-A and the Tahasildar shall issue title deed in Form No.11-CCC on payment of purchase price in accordance with Section 78."

6. In the light of the clear obligation cast upon the

Tahasildar to issue a title deed in Form No.11-CCC on

payment of purchase price in accordance with Section 78

of the Act, the Tahasildar is bound to issue a title deed

and cannot take the stand that the land was classified as

a Grama Samudaya land and could not therefore be

granted.

7. Further, the Tahasildar by virtue of being

subordinate to the Assistant Commissioner, who was the

authorised officer to grant land, cannot sit in judgment

over the order passed by a superior officer.

8. In view of the fact that the statute mandates that

the title deed be issued in Form No.11-CCC on payment

of purchase price by the successful grantee, the

Tahasildar shall, in accordance with Rule 26-C(5) of the

Rules, issue a title deed in favour of the petitioner after

collecting the purchase price as determined under

Section 78 of the Act.

9. Thereafter, he shall also comply with the

requirement of Section 77-A(2) of the Act, by which the

provisions of sub-section (2-B) of Section 77 of the Act

are adopted which requires the Tahasildar to forward a

copy of the order granting the land to the concerned

Sub-registrar, who is thereafter required to register the

same.

10. The said exercise shall be undertaken and

completed within a period of three months from the date

of receipt of a certified copy of this order.

11. The writ petition is accordingly allowed.

SD/-

JUDGE

RK CT:AN