Karnataka High Court
Sri Hanumaiah vs The State Of Karnataka on 6 December, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:44062
WP No. 17832 of 2023
C/W WP No.17834 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
WRIT PETITION NO. 17832 OF 2023 (GM-ST/RN)
C/W
WRIT PETITION NO.17834 OF 2023 (GM-ST/RN)
IN W.P.No.17832/2023
BETWEEN:
SRI. S. KRISHNAIAH,
S/O LATE SIDDAIAH,
AGED ABOUT 55 YEARS,
R/A NO.1199/4, 1ST MAIN ROAD,
M.C.LAYOUT, VIJAYANAGAR,
BENGALURU - 560 040.
...PETITIONER
(BY SRI. D.R.RAVISHANKAR, SENIOR ADVOCATE A/W
SRI. SARAVANA S., ADVOCATE)
Digitally signed AND:
by PADMAVATHI
BK
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF DEPARTMENT OF STAMPS AND REGISTRATION,
KARNATAKA
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
2. THE DISTRICT REGISTRAR,
NO.4, OLD NO.622/623,
3RD FLOOR, 10TH A BLOCK,
4TH BLOCK,
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NC: 2023:KHC:44062
WP No. 17832 of 2023
C/W WP No.17834 of 2023
JAYANAGAR,
BANGALURU - 560 011.
3. THE COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
4TH FLOOR, SRI MINTO ANJINEYA
SWAMY BHAVAN,
AALUR VENKATARAO ROAD,
CHAMARAJAPETE,
BENGALURU - 560 018.
...RESPONDENTS
(BY SRI.SPOORTHY HEGDE N, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE R-2
TO REGISTER THE DOCUMENTS PERTAINING SITES FORMED
OUT OF THE LAND BEARING SY.NO.129 TO AN EXTENT OF 4
ACRES 26 GUNTAS, SY.NO.130 MEASURING AN EXTENT OF 26
GUNTAS AND SY.NO.131, MEASURING AN EXTENT OF 6 ACRES
11.05 GUNTAS, IN ALL TOTALLING 11 ACRES 23.05 GUNTAS
AT KURUBARAHALLI VILLAGE, TAVERIKERE HOBLI,
BANGALURU SOUTH TQ, FOR REGISTRATION UNDER THE
KARNATAKA REGISTRATION ACT.
IN W.P.No.17834/2023
BETWEEN:
SRI. HANUMAIAH,
S/O LATE DODDAIAH,
AGED ABOUT 41 YEARS,
R/A PUTTAIAHANNAPALYA,
TAVERIKERI HOBLI,
BANGALORE SOUTH TALUK,
BENGALURU - 560 029.
...PETITIONER
(BY SRI. D.R.RAVISHANKAR, SENIOR ADVOCATE A/W
SRI.SARAVANA S., ADVOCATE)
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WP No. 17832 of 2023
C/W WP No.17834 of 2023
AND:
1. THE STATE OF KARNATAKA,
DEPARTMENT OF STAMPS AND REGISTRATION,
REPRESENTED BY ITS SECRETARY,
VIDHANA SOUDHA,
BENGALURU - 560 001.
2. THE DISTRICT REGISTRAR,
NO.4, OLD NO.622/623,
3RD FLOOR, 10TH A BLOCK,
4TH BLOCK, JAYANAGAR,
BANGALURU - 560 011.
3. THE COMMISSIONER,
HINDU RELIGIOUS AND CHARITABLE
ENDOWMENTS DEPARTMENT,
4TH FLOOR, SRI MINTO ANJINEYA
SWAMY BHAVAN,
AALUR VENKATARAO ROAD,
CHAMARAJAPETE,
BENGALURU - 560 018.
...RESPONDENTS
(BY SRI.SPOORTHY HEGDE N, HCGP)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF
THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE
RESPONDENT NO.2 TO REGISTER THE DOCUMENTS
PERTAINING TO THE LAND BEARING SY.NO.139 TO AN EXTENT
OF 1 ACRES 38 GUNTAS AND SY.NO.140 TO AN EXTENT OF 4
ACRES SITUATED AT KURUBARAHALLI VILLAGE, TAVERIKERE
HOBLI, BENGALURU SOUTH TALUK IN ALL MEASURING 5
ACRES 38 GUNTAS, FOR REGISTRATION UNDER THE
KARNATAKA REGISTRATION ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
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WP No. 17832 of 2023
C/W WP No.17834 of 2023
ORDER
The petitioners are before this Court seeking the following
prayers:
In W.P.No.17832/2023:
i) ISSUE a writ in the nature of mandamus directing
the Respondent No.2 to register the documents
pertaining sites formed out of the land bearing
Sy.No.129 to an extent of 4 acres 26 guntas,
Sy.No.130 measuring an extent of 26 guntas, and
Sy.No.131, measuring an extent of 6 acres 11.05
guntas, in all totaling 11 Acres 23.05 Guntas at
Kurubarahalli Village, Taverikere Hobli, Bangaluru
South Tq, for registration under the Karnataka
Registration Act; and
ii) Pass such other incidental and consequently order/s
as this Hon'ble Court deems fit in the facts and
circumstances of the case.
In W.P.No.17834/2023:
i) ISSUE a writ in the nature of mandamus directing
the Respondent No.2 to register the documents
pertaining to the land bearing Sy.No.139 to an
extent of 1 acres 38 guntas and Sy.No.140
measuring an extent of 4 acres situated at
Kurubarahalli Village, Taverikere Hobli, Bangaluru
South Tq, for registration under the Karnataka
Registration Act; and
ii) Pass such other incidental and consequently order/s as
this Hon'ble Court deems fit in the facts and
circumstances of the case."
2. Heard Sri. D.R. Ravishankar, learned Senior counsel
for Sri. Saravana S., learned counsel appearing for the
petitioners, Sri. Spoorthy Hegde, learned counsel appearing for
the respondents and have perused the material on record.
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3. The narration of the facts in the case at hand would
not be required, as it is already been considered by a
Co-ordinate Bench and the present petition is an offshoot of the
order passed by the Co-ordinate Bench. The Co-ordinate Bench
in W.P.No.5111/2022 disposed on 25.08.2022 between the
same parties has held as follows:
"The competent authority by order dated 5.7.1958
granted occupancy rights in respect of the property
bearing Sy.No.129 measuring 4 acres 26 guntas,
Sy.No.130 measuring 26 guntas and Sy.No.131
measuring 6 acres 11.05 guntas in all totaling 11 acres
23.05 guntas situated at Kurubarahalli village,
Thavarekere Hobli, Bangalore South Taluk under the
provisions of the Mysore Inams Abolition Act, 1954 in
favour of oneN.S. Narayana Rao.
2. The grantee got the subject land converted
for residential purpose under Section 95 of the Karnataka
Land Revenue Act and sold the subject land in favour of
the petitioner by executing the registered sale deeds
dated 29.8.2011, 2.6.2012 and 28.07.2012. The
petitioner submitted an application with the respondent
No.3 under Section 17 of the Karnataka Town and
Country Planning Act, 1961 for approval of residential
layout plan.
3. The respondent No.3 approved the
residential layout plan subject to certain terms and
conditions and also commencement certificate was issued
on 25.02.2012. Thereafter, the petitioner commenced
the formation of the layout and before completion of the
layout, the respondent No.3 released 60% of the sites
formed in the layout in favour of the petitioner. After
completing the formation of the layout, the petitioner
submitted an application with respondent No.3 for
releasing the remaining 40% of the sites formed in the
layout.
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4. The respondent No.3 issued an endorsement
dated 16.02.2022 stating that the remaining 40% of the
sites cannot be released at this stage since the
respondent No.1 has communicated not to release the
said sites stating that the grant made in favour of the
vendor of the petitioner was not in accordance with law.
Taking exception of the same, this petition is filed.
5. During the pendency of this writ petition, the
respondent No.1 issued an endorsement dated 17.6.2022,
rejecting the application submitted by the petitioner to
issue NOC for release of remaining 40% of the sites on
the ground that the petitioner has not established his
right over the subject property. The petitioner challenged
the said endorsement by filing an application for
amendment and the same has been allowed.
6. Learned counsel appearing for the petitioner
submits that the petitioner has purchased the subject
land from his vendor who had acquired the title over the
subject land by virtue of order dated 5.7.1958 passed
under the provisions of the Mysore Inams Abolition Act,
1954, granting occupancy rights in favour of his vendor.
Hence, he submits that the grant order made in favour of
the vendor of the petitioner is binding on the respondent
No.1 and the said impugned endorsement issued by the
respondent No.1 refusing to grant NOC is impermissible.
7. Learned Additional Government Advocate
appearing on behalf of the respondents No.1 and 2
submits that the occupancy rights granted in favour of the
vendor of the petitioner was not in accordance with law
and the subject land belongs to the State Government by
virtue of the gift deed dated 31.03.1939 executed by
Smt.Dwaraka Bhai Vendantham. Hence, he submits that
the impugned endorsement issued by the respondent
No.1 cannot be faulted with and the same does not
warrant any interference.
8. Learned counsel appearing for respondent
No.3 submits that the respondent No.1 having objected
to the release of the sites stating that the land belongs to
the Endowment Department, the application submitted by
the petitioner is rightly kept in abeyance which does not
call for any interference.
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9. I have examined the submission made by the
learned counsel appearing for the parties.
10. In pursuance of the occupancy rights
granted, the name of the vendor was entered in the
revenue records and the land was converted for
residential purpose under section 95 of the Karnataka
Land Revenue Act. Thereafter, the petitioner has
purchased the subject land from the grantee by virtue of
registered sale deeds. The respondent No.1 is claiming
right over the subject land by virtue of gift deed executed
in the year 1939. However the occupancy rights of the
subject land were granted in favor of the vendor of the
petitioner under the Mysore Personal Inams Abolition Act.
The rights which were alleged to have existed in favor of
respondent No.1 prior to commencement of Act, 1954
automatically stood extinguished after the lands vested
with Government free from all encumbrances and also
after occupancy rights were granted in favor of
Inamdars/Tenants. The order granting occupancy rights
has attained finality and binding on the respondent No.1.
Hence, the impugned endorsement issued by the
respondent No.1 refusing to grant NOC to the petitioner
for release of 40% of the sites by the respondent No.3 is
one without authority of law and there is no requirement
for obtaining NOC by the petitioner from respondent No.1.
In view of the aforesaid, I pass the following:
ORDER
i) The writ petition is allowed.
ii) The impugned endorsement dated
16.02.2022 issued by the respondent No.3 at Annexure-R
and impugned endorsement dated 17.06.2022 issued by
the respondent No.1 at Annexure-T are hereby quashed.
iii) The respondent No.3 is hereby directed to
release 40% of the sites in favour of the petitioner in
respect of the subject land after satisfying other
requirements of law.
iv) The said exercise shall be concluded within a
period of six weeks from the date of receipt of certified
copy of this order."
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4. After the passage of the order, quashing certain
endorsements which are against the petitioners, the petitioner
submits a representation on 28.02.2023. The representation
seeks implementation of the order dated 25.08.2022. The
representation reads as follows:
"With reference, to the above subject, I state that,
in pursuance of an Endorsement Dated 17.06.2022, in
No.ADM.3.LND, 773552/2021-22, issued by the Office of
the Endowment Commissioner, Hindu Religious
Institutions and Charitable Endowment Department,
Chamarajpet, Bangalore, the Commissioner, as the
trustee of Smt. Dwarkabai Vedantham, had claimed
ownership of the lands in various Sy Numbers more
particularly of Kadumaranahalli (Kurubarahalli) Village
and had instructed various departments from restraining
themselves from indulging in any activities so as to
encumber the lands in various Sy Number of
Kadumaranahalli (Kurubarahalli) Village.
Likewise, your good selves had also been instructed
not to register any property falling in the various Sy
Number of Kadumaranahalli (Kurubarahalli) Village more
particularly in respect of the sites formed out of
Sy.No.129, measuring 4 Acres and 26 guntas, Sy No.130,
measuring 26 guntas and Sy No.131, measuring 6 Acres
and 11.5 guntas, in all totally measuring 11 Acres 23.05
guntas, situated at Kurubarahalli Village, Thaverekere
Hobli, Bangalore South Taluk.
The said endorsement came to be challenged in
W.P.No.5111/2022(LB-RES) before the Hon'ble High
Court of Karnataka, Bangalore and in pursuance of an
Order dated 25th August 2022, (Copy is Enclosed), the
endorsement was quashed. You, had been arraigned as
Respondent No.5, in the said W.P.
I, state that when I approached the Office of the
Sub Registrar, Tavrekere and Rajarajeshwarinagar and
brought the said fact to their notice by producing a copy
of the order, both the Sub Registrars, refused to entertain
my request, stating that there has to be a clear order
NC: 2023:KHC:44062
permitting them to register from the District Registrar,
Bangalore, in the said aspect. All my efforts to appraise
them that Non-Compliance of the said orders would
attract 'Contempt of the Court Order', if, they refused
to entertain my request.
Hence, I request, your kind concern to direct all the
Sub Registrars, falling under your jurisdiction to comply
with the court order by registering the said site formed
out of the above mentioned Sy Numbers, for which act of
yours I shall remain grateful and obliged."
5. It transpires that the file moves from table to table
and results in an communication by the concerned that a Writ
Appeal should be preferred against the order dated 25.08.2022.
The communication is dated 30.05.2023 and the order is dated
25.08.2022. The communication reads as follows:
"¥Àæ¸ÁÛ«vÀ «µÀAiÀÄPÉÌ ¸ÀA§A¢ü¹zÀAvÉ, G ÉèÃR (4) gÀ ¥ÀvÀæzÀ°è
ªÀiÁ£Àå GZÀÒ £ÁåAiÀiÁ®AiÀÄzÀ W.P.No.5123/2022 (LB-RES) &
W.P.No.5111/2022 (LB-RES) gÀ DzÉñÀzÀ°è 3£Éà ¥ÀæwªÁ¢AiÀiÁzÀ
¸ÀzÀ¸Àå PÁAiÀÄðzÀ²ðUÀ¼ÀÄ ªÀiÁUÀr AiÉÆÃd£Á ¥Áæ¢üPÁgÀ, ªÀiÁUÀr gÀªÀjUÉ
±ÉÃ.40 gÀµÀÄÖ ¤ªÉñÀ£ÀUÀ¼À£ÀÄß ©qÀÄUÀqÉ ªÀiÁqÀ®Ä DzÉò¹gÀĪÀÅzÀjAzÀ
¨ÉAUÀ¼ÀÆgÀÄ zÀQët vÁ®ÆèPÀÄ, vÁªÀgÉPÉgÉ ºÉÆç½, PÁqÀĪÀiÁgÉãÀºÀ½î
(PÀÄgÀħgÀºÀ½î) UÁæªÀÄzÀ ¸ÀªÉð £ÀA.129, 130, 131, 139 ªÀÄvÀÄÛ 140
£ÀA§gïUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÉ zÀ¸ÁÛªÉÃdÄUÀ¼À£ÀÄß £ÉÆÃAzÀt ªÀiÁqÀĪÀAvÉ
CfðzÁgÀgÀÄ PÉÆÃjgÀÄvÁÛgÉ.
DzÀÝjAzÀ G ÉèÃR (6)gÀ ¥ÀvÀæzÀ°è ªÀiÁ£Àå £ÉÆÃAzÀtÂ
ªÀĺÁ¥Àj«ÃPÀëPÀgÀÄ ªÀÄvÀÄÛ ªÀÄÄzÁæAPÀUÀ¼À DAiÀÄÄPÀÛgÀÄ gÀªÀgÀÄ G ÉèÃR (4)gÀ
ªÀÄ£À«AiÀÄ£ÀÄß ¥Àj²Ã°¸À ÁV G ÉèÃR(5)gÀ ªÀiÁ£Àå GZÀÑ £ÁåAiÀiÁ®AiÀÄzÀ -
W.P.No.5123/2022 (LB-RES) & W.P.No.5111/2022 (LB-
RES) gÀ DzÉñÀzÀ ªÉÄÃgÉUÉ ¸ÀzÀj ¸ÀªÉð £ÀA§gÀUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÉ
¤AiÀĪÀiÁ£ÀĸÁgÀ PÀæªÀÄPÉÊUÉƼÀî®Ä ¸ÀÆa¸À ÁVvÀÄÛ.
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NC: 2023:KHC:44062
DzÀÝjAzÀ G ÉèÃR (7) gÀ ¥ÀvÀæzÀ°è ¸ÀzÀj ¸ÀªÉð £ÀA§gïUÀ½UÉ
¸ÀA§A¢ü¹zÀAvÉ £ÉÆÃAzÀt PÁAiÀÄð ªÀÄÄAzÀĪÀgɸÀĪÀ §UÉÎ vÀªÀÄä
C©ü¥ÁæAiÀĪÀ£ÀÄß ¸À°è¸À®Ä ªÀiÁ£Àå DAiÀÄÄPÀÛgÀÄ »AzÀÆ zsÁ«ÄðPÀ ¸ÀA¸ÉÜUÀ¼ÀÄ
ªÀÄvÀÄÛ zsÀªÀÄðzÁAiÀÄ zÀwÛUÀ¼À E ÁSÉ gÀªÀgÀ£ÀÄß PÉÆÃgÀ ÁVvÀÄÛ.
F ¸ÀA§AzsÀ G ÉèÃR(8) gÀ ¥ÀvÀæzÀ°è ªÀiÁ£Àå DAiÀÄÄPÀÛgÀÄ, »AzÀÆ
zsÁ«ÄðPÀ ¸ÀA¸ÉÜUÀ¼ÀÄ ªÀÄvÀÄÛ zsÀªÀÄðzÁAiÀÄ zÀwÛUÀ¼À E ÁSÉ gÀªÀgÀÄ F §UÉÎ
vÀªÀÄä PÀbÉÃjAiÀÄ PÁ£ÀÆ£ÀÄ ¸ÀªÀiÁ ÉÆÃZÀPÀgÀ C©ü¥ÁæAiÀĪÀ£ÀÄß ¥ÀqÉAiÀÄ ÁV,
PÁ£ÀÆ£ÀÄ ¸ÀªÀiÁ ÉÆÃZÀPÀgÀÄ F PɼÀPÀAqÀAvÉ C©ü¥ÁæAiÀĪÀ£ÀÄß ¤ÃrgÀÄvÁÛgÉ.
"It is advised to file Writ appeal against the order
passed in W.P.No.5111/2022 and W.P.No.5123/2022 and
preparation is being made to prefer that WA. As there is
preparation to prefer appeal the order of WP 5111/2022
and W.P.No.5123/2022 has not yet become final. If said
registration are made at present, the right to prefer
appeal will be affected. Hence, the Registration
Department (District Registrar) may be requested not to
register the documents at present until further order in
WA, to be filed by this Department."
F »£Éß ÉAiÀÄ°è ¨ÉAUÀ¼ÀÆgÀÄ £ÀUÀgÀ zÀQët vÁ®ÆèQ£À ¨Áå Á¼ÀÄ,
ZÉÆüÀ£ÁAiÀÄPÀ£ÀºÀ½î, ¥ÉzÀÝ£À¥Á¼Àå, zÉÆqÀتÀiÁgÀ£ÀºÀ½î ªÀÄvÀÄÛ PÁqÀÄPÀgÉãÀºÀ½î
UÁæªÀÄzÀ ««zsÀ ¸ÀªÉð £ÀA§gïUÀ¼À°è zÁ£ÀªÁV ¤ÃrgÀĪÀ d«ÄãÀÄUÀ¼À£ÀÄß
ªÉÄîÌAqÀ J Áè UÁæªÀÄUÀ¼À ¸ÀªÉð £ÀA§gïUÀ½UÉ ¸ÀA§A¢ü¹zÀAvÉ AiÀiÁªÀÅzÉÃ
zÀ¸ÁÛªÉÃdÄUÀ¼À£ÀÄß £ÉÆÃAzÀt ªÀiÁqÀzÀAvÉ PÉÆÃjgÀÄvÁÛgÉ.
DzÀÝjAzÀ G ÉèÃR (8) gÀ ¥ÀvÀæªÀ£ÀÄß F ¥ÀvÀæzÉÆA¢UÉ ®UÀwÛ¸ÀÄvÁÛ,
¸ÀzÀj ¥ÀvÀæzÀ°è£À J Áè CA±ÀUÀ¼À£ÀÄß PÀÆ®APÀĵÀªÁV ¥Àj²Ã°¹,
¤AiÀĪÀiÁ£ÀĸÁgÀ PÀæªÀÄPÉÊUÉƼÀî®Ä ¸ÀÆa¹zÉ."
6. The District Registrar communicates that the advice
is to file a Writ Appeal against the order dated 25.08.2022
passed in W.P.Nos.5111/2022 and 5123/2022. Since the
preparation to file a writ petition is in progress, the judgment
does not become final. To say the least, the reason rendered by
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the Officer is preposterous. The order that is passed on
25.08.2022 unless stayed or set aside, the writ that is granted
would run till such time as observed hereinabove. An Officer
cannot declare that it has not become final merely because the
Government is preparing to file a Writ Appeal against the order.
Therefore, the act of the respondent in not complying with the
order dated 25.08.2023 fringes on the borders of contempt.
For the aforesaid reasons, these petitions deserve to
succeed and mandamus is issued to the respondents to register
the documents as sought in the prayers of these writ petitions.
Ordered accordingly.
Sd/-
JUDGE
SJK
