The State Of Karnataka vs M/S Creative Developers
2023 Latest Caselaw 3302 Kant

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                                                  NC: 2023:KHC:20615-DB
                                                        WA No. 238 of 2023




                    IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                        DATED THIS THE 15TH DAY OF JUNE, 2023

                                       PRESENT
               THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
                                         AND
                         THE HON'BLE MR JUSTICE M.G.S. KAMAL
                      WRIT APPEAL NO. 238 OF 2023 (KLR-RR/SUR)


               BETWEEN:

               1.    THE STATE OF KARNATAKA
                     REPRESENTED BY ITS SECRETARY
                     REVENUE DEPARTMENT
                     M.S. BUILDING
                     BENGALURU - 560 001.

               2.    THE DEPUTY COMMISSIONER
                     BENGALURU URBAN DISTRICT
                     K. G. ROAD
                     BENGALURU - 560 001.
Digitally
signed by      3.    THE ASSISTANT COMMISSIONER
SUMA B N
                     BENGALURU NORTH SUB-DIVISION
Location:
High Court           K.G. ROAD
of Karnataka         BENGALURU - 560 009.

               4.    THE TAHSILDAR
                     BENGALURU EAST TALUK
                     K. R. PURAM
                     BENGALURU - 560 036.

               5.    THE DEPUTY TAHSILDAR
                     BENGALURU EAST TALUK
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                                   NC: 2023:KHC:20615-DB
                                         WA No. 238 of 2023




    K. R. PURAM
    BENGALURU - 560036
                                                ...APPELLANTS
(BY SRI. S.S. MAHENDRA, AGA)

AND:

    M/s.CREATIVE DEVELOPERS
    NO. B- 507, STERLING SHALOM
    ITPL MAIN ROAD
    KUNDHANHALLI COLONY
    WHITE FIELD
    BENGALURU - 560 037
    SMT. ASHA LATHA KUCHIPUDI.

                                               ...RESPONDENT


      THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED:07.09.2021 PASSED BY THE LEARNED SINGLE
JUDGE IN WP No.44568/2018(KLR-RR/SUR) BY ALLOWING
THIS APPEAL b) CONSEQUENTLY DISMISS THE WP
No.44568/2018(KLR-RR/SUR) FILED BY THE RESPONDENT.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, M.G.S.KAMAL J., DELIVERED THE FOLLOWING:


                        JUDGMENT

This writ appeal is filed by the State aggrieved by the

order dated 07.09.2021 passed in W.P.No.44568/2018

(KLR-RR/SUR) filed by respondent herein in which while

disposing of the said writ petition, this Court directed entry

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in the mutation register made as per M.R.No.4/2008-09

dated 08.08.2008 to be deleted and further directed the

appellant No.4/respondent No.4 to make necessary entries

showing the name of respondent/petitioner as Khathedar

of the land.

2. The above writ petition was filed by the

respondent/petitioner seeking declaration that the entry as

per M.R.No.4/2008-09 shown in Annexure-D is without

jurisdiction as the land having been converted in terms of

order dated 31.12.2003 passed by appellant

No2./respondent No.2; and to restore the entries as stood

prior to entry in M.R.No.4/2008-09 showing the land

having been converted, on the premise that by order

dated 15.03.2012 passed by Deputy Commissioner,

Bangalore Urban District in SC.ST.(A)179/2008-2009,

wherein while dismissing the claim for restoration of the

land in Sy.No.7/1 of Thubarahalli Village, Varthur Hobli,

Bangalore East Taluk, it has been held that the said land is

not a granted land and would not fall within the purview of

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Karnataka Scheduled Castes and Scheduled Tribes

(Prohibition of Transfer of Certain Lands), Act 1978. In

response it was contended on behalf of the State that in

view of the order passed by the Assistant Commissioner,

name of the Government would continue to exist in the

revenue records until contrary is proved by the

respondent/petitioner by producing necessary documents

to be considered by the concerned Tahsildar.

3. At paragraph 4 of the impugned order, learned

Single Judge has taken note of the fact that earlier the

order dated 15.03.2012 passed by the Deputy

Commissioner was made subject matter of challenge

before this Court in W.P.No.16290/2012 which was

dismissed by order dated 02.09.2016 confirming the order

of the Deputy Commissioner. The said order was carried

in appeal in W.A.Nos.4332-4333/2016 which was also

dismissed by order dated 28.07.2017. Learned Single

Judge has also taken note of the fact that in view of the

above order of Deputy Commissioner having confirmed by

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this Court in writ petition and writ appeal, the order of the

Assistant Commissioner inserting the name of the

Government in the revenue records ought to have been

rectified by removing the name of the Government as the

owner of the land and inserting the name of

respondent/petitioner as the owner thereof. Thus, having

taken note of the factual aspect of the matter including the

orders passed by this Court, learned Single Judge

proceeded to dispose of the writ petition by granting the

relief as noted herein above. Being aggrieved by the said

order present appeal is filed.

4. Sri.S.S.Mahendra, learned Additional Government

Advocate reiterating the grounds urged in the

memorandum of appeal contends that the documents

relating to the grant are not genuine and the land in

question is a kharab land and that there are no official

records to indicate that there was grant in respect of the

subject land. Therefore he contends that the order of

learned Single Judge virtually takes away the ownership of

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the Government of the said land. Hence, he submits

impugned order warrants interference.

5. Heard. Perused the records.

6. Respondent/petitioner herein claim to have

purchased the subject property in terms of a registered

deed of sale dated 31.01.2004 which is produced at

Annexure-A, contents of the said deed of sale refers to

earlier deeds of sale dated 04.03.1966, 14.10.1968 and

17.03.1975 being documents of conveyance apparently

entered into in respect of the schedule property. There is

also reference to Official Memorandum dated 30.12.2003

issued by the Deputy Commissioner, Bengaluru District,

Bengaluru with regard to change of land use from

agricultural to non-agricultural purpose. The Deputy

Commissioner has come to the conclusion that land was

not a granted land in his order dated 15.03.2012 and the

said order of the Deputy Commissioner having been

confirmed by this Court in writ petition and writ appeal as

referred to above, the Government would not become the

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owner of the land merely because Assistant Commissioner

has passed such an order.

In view of the aforesaid factual aspect of the matter

we do not find any reasons to interfere with the order

passed by the learned Single Judge. Accordingly, appeal is

dismissed.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE

SBN