Karnataka High Court
Rambhau Laxman Nesarikar vs The State Of Karnataka on 18 November, 2023
Bench: Anant Ramanath Hegde
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NC: 2023:KHC-D:13469
WP No. 103775 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 18TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE
WRIT PETITION NO. 103775 OF 2023 (KLR-RES)
BETWEEN:
1. RAMBHAU LAXMAN NESARIKAR,
AGE: 57 YEARS, OCC: AGRICULTURE,
R/O. NO.2052, KORE GALLI,
SHAHAPUR, BELAGAVI-590003.
2. ASHOK LAXMAN NESARIKAR,
AGE: 58 YEARS, OCC: AGRICULTURE,
R/O. NO.2052, KORE GALLI,
SHAHAPUR, BELAGAVI-590003.
3. RAANBA BABURAO NESARIKAR,
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. HATTIHOLI GALLI, SHAHAPUR,
BELAGAVI-590003.
4. BHAVAKANNA BABURAO NESARIKAR
AGE: 50 YEARS, OCC: AGRICULTURE,
R/O. NO.2333, HATTIHOLI GALLI,
MOHANKUMAR
B SHELAR
SHAHAPUR, BELAGAVI-590003.
Digitally signed by
MOHANKUMAR B
5. SHOBHA SHIVAJI JADHAV,
SHELAR
Date: 2023.11.21
AGE: 48 YEARS, OCC: HOUSEHOLD WORK,
13:24:52 +0530
R/O. BHAVANI NAGAR, MANDOLI ROAD,
BELAGAVI-590003.
6. LAXMI NAMADEV NAIK,
AGE: 40 YEARS, OCC: HOUSEHOLD WORK,
R/O. HATTIHOLI GALLI, SHAHAPUR,
BELAGAVI-590003.
...PETITIONERS
(BY SRI. VITTHAL S. TELI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY SECRETARY, DEPARTMENT OF SURVEY,
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WP No. 103775 of 2023
SETTLEMENT AND LAND RECORDS,
REVENUE BUILDING, K. R. CIRCLE,
NUNEGUNDLAPALLI, AMBEDKAR VEEDHI,
BENGALURU, KARNATAKA-560001.
2. THE DEPUTY COMMISSIONER,
BELAGAVI, COURT COMPOUND, BELAGAVI-590001.
3. THE TAHASHILDAR AND TALUKA EXECUTIVE
MAGISTRATE, BELAGAVI-OLD CITY
CORPORATION OFFICE, SWAMI VIVEKANAND
MARG, RISALDAR GALLI, BELAGAVI,
KARNATAKA-590001.
4. THE DEPUTY DIRECTOR OF LAND RECORD,
BELAGAVI, DC COMPOUND, BELAGAVI-590001.
5. THE ASSISTANT DIRECTOR OF LAND RECORD,
BELAGAVI AND CITY SURVEY,
DC COMPOUND, BELAGAVI-590001.
6. THE CITY SURVEY OFFICER,
THE ASSISTANT DIRECTOR OF LAND RECORD,
BELAGAVI AND CITY SURVEY,
DC COMPOUND, BELAGAVI-590001.
...RESPONDENTS
(BY SRI. SHIVAPRABHU HIREMATH, AGA FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO ISSUE A WRIT IN
THE NATURE OF DECLARATION OR ORDER DECLARING THAT THE RS
NO. 92/1 MEASURING 4 ACRE 4 GUNTHAS 13.64 ANNAS OF
BELAGAVI IS "NON-AGRICULTURAL LAND" IN VIEW OF THE
KARNATAKA GAZETTE NOTIFICATION DATED 06/03/2008 AS IS
CAME WITHIN THE LIMITS OF CITY MUNICIPAL CORPORATION,
BELAGAVI VIDE ANNEXURE-C AND REPRESENTATION DATED
30/03/2023 VIDE ANNEXURE-E AND ISSUE A WRIT IN NATURE OF
MANDAMUS OR DIRECTION DIRECTING THE RESPONDENT NO. 5
AND 6 TO OPEN/PREPARE ENQUIRY REGISTER SHOWING THE
DETAILS I.E. CTS (CITY SURVEY NUMBER) NO, CTS MAP AS PER
FORM NO. 13, (MORE PARTICULARLY CTS MAP) AND
MUTATE/ENTIRE THE NAME OF THE PETITIONERS IN CONCERNED
CTS RECORDS OF BELAGAVI AS PER RULE 83 AND RULE 87 OF THE
KARNATAKA LAND REVENUE RULES 1966 IN RESPECT OF RS NO.
92/1 MEASURING 4 ACRE 4 GUNTHAS 13.64 ANNAS OF BELAGAVI
VIDE ANNEXURE-"C" BY FIXING TIME LIMIT.
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WP No. 103775 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN
'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel Sri.Vitthal S.Teli appearing for
the petitioners and learned AGA Sri.Shivaprabhu S.Hiremath for
the respondents.
2. Petitioners have sought for a declaration that
property bearing Sy.No.92/1 measuring 4 acres 4 guntas 13.64
annas in Belagavi is non-agricultural land in terms of the
gazette notification dated 06.03.2008 notifying certain lands in
Belagavi as the properties within the limits of City Municipal
Corporation. The notification is produced at Annexure-C.
3. Petitioners have also sought for writ of mandamus
to direct respondents No.5 and 6 to open/prepare enquiry
register showing the details of the city survey number, map,
Form No.13 and to mutate and enter the names of the
petitioners in the concerned city survey records of Belagavi as
per Rules 83 and 87 of the Karnataka Land Revenue Rules,
1966 in respect of Sy.No.92/1 measuring 4 acres 4 guntas
13.64 annas of Belagavi city.
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4. Learned counsel for the petitioners would draw the
attention of this court the record of rights pertaining to
Sy.No.92/1 in Belagavi Taluk and village and submits that
names of the petitioners are recorded in the said property
records bearing Sy.No.92/1 as the owners as well as persons in
possession. The petitioners names are entered in the property
records vide M.R.No.H121. It is the submission of the learned
counsel for the petitioners that notification is published on
18.02.2008 incorporating certain properties within the limits of
Belagavi City Municipal Corporation. The said notification is
marked at Annexure-C. The property bearing Sy.No.92/1 is
recorded and the extent is also recorded as 4 acres 6 guntas.
5. Once the land falls within the limits of City Municipal
Corporation, there has to be some corresponding change in the
property records applicable to the properties located within the
City Municipal Corporation. The Karnataka Land Revenue Rules
provides for such entries to be made in the property records
after holding necessary enquiry. The notification at Annexure-C
is issued following the procedure as contemplated under
Section 152 of the Karnataka Land Revenue Act. This being the
position, the names of the petitioners have to be entered in the
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WP No. 103775 of 2023
appropriate city survey records as contemplated under the
provisions of the Karnataka Land Revenue Act and Rules. This
exercise is not carried out. More than 15 years have been
elapsed since the notification recording the properties
mentioned in Annexure-C as the properties within the limits of
City Municipal Corporation.
6. Learned counsel for the petitioners would also refer
to the judgments of co-ordinate Bench of this court in the case
of Sri Devaraj S/o Bhimappa Kambali vs State of Karnataka and
another in W.P.No.148065/2020 and also the judgment in the
case of Annappa Nagappa Vernekar and Another vs Deputy
Director of Land Records, Belagavi and Another in
W.P.No.105093/2021.
7. Having considered the aforementioned judgments
wherein it is stated that once the lands are within the limits of
City Municipal Corporation, the lands have to be treated as
non-agricultural land, in terms of the law laid down by
Coordinate Bench of this court referred to supra, the land
bearing Sy.No.92/1 measuring 4 acres 4 guntas 13.64 annas of
Belagavi taluk and village should be deemed to be non-
agricultural land and a direction is issued to respondents No.5
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WP No. 103775 of 2023
and 6 to make necessary entries in the property records
pertaining to the said lands as required under the provisions of
the Karnataka Land Revenue Rules. The petitioners' names
shall be entered in the said records within an outer limit of 8
months from the date of receipt of copy of this order.
With these observations, the writ petition is allowed.
Sd/-
JUDGE
MBS/CT-an
