Karnataka High Court
Wazeer Ahmed vs The State Of Karnataka on 6 February, 2024
Author: R Devdas
Bench: R Devdas
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WP No. 47380 of 2014
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS
WRIT PETITION NO.47380 OF 2014 (KLR-RES)
BETWEEN:
WAZEER AHMED
S/O LATE AMIR JAN
SINCE DEAD BY HIS LRS
1(a) SMT. SHAHEENA TAJ
W/O LATE SRI WAZEER AHMED
AGED ABOUT 50 YEARS
1(b) AMEENA TAJ
D/O LATE SRI WAZEER AHMED
AGED ABOUT 21 YEARS
BOTH PETITIONERS ARE
Digitally signed by R/A HOUSE NO.2450, 5TH CROSS
JUANITA
THEJESWINI PHOOLSHA MOHALLA
Location: HIGH
COURT OF KOLAR DIST
KARNATAKA
...PETITIONERS
(BY SRI. K RAGHAVENDRA RAO., &
SMT. V. VIDYA, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA
REP BY ITS PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
AMBEDKAR VEEDI
BANGALORE 560 001
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WP No. 47380 of 2014
2. DEPUTY COMMISSIONER
KOLAR DIST-563101
3. ASST. COMMISSIONER
KOLAR SUB DIVISION
KOLAR DIST-563101
4. TAHASILDAR
KOLAR TALUK
KOLAR DIST-563101
5. KOLAR URBAN DEVELOPMENT AUTHORITY
KOLAR, REPRESENTED BY
ITS COMMISSIONER
6. KOLAR CITY MUNICIPAL COUNSEL
KOLAR, REPRESENTED BY
ITS COMMISSIONER
...RESPONDENTS
(BY SRI. SESHU V, HCGP FOR R1 TO R4
SRI. T.P. VIVEKANANDA, ADVOCATE FOR R5
SMT. VEENA KUMARI M., ADVOCATE FOR R6)
THIS WP IS FILED UNDER ARTICLES 226 & 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
NEWS PAPER REPORT DT.26.9.14, PUBLISHED IN KANNADA
DAILY NEWS PAPER PRAJAVANI PUBLISHED FROM BANGALORE
FOUND AT ANN-H & FURTHER ISSUE A WRIT OF MANDAMUS
DIRECTING THE RESPONDENTS NOT TO PROCEED FURTHER IN
THE MATTER AS NOTIFIED IN ANN-H & ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 47380 of 2014
ORDER
R.DEVDAS J., (ORAL):
The petitioner is aggrieved of the impugned official
memorandum dated 04.09.2014 issued by the Deputy
Commissioner, Kolar District. Initially when the writ
petition was filed, the petitioner had produced a copy of
the news paper publication at Annexure-H which was
issued consequent to the Official Memorandum dated
04.09.2014. However, subsequently by way of
amendment the petitioner was permitted to call in
question the official memorandum issued by the Deputy
Commissioner.
2. It is contended by the petitioners that late Sri
Amir Jan was conferred occupancy rights in respect of 5
acres and 10 guntas of land in Sy.No.10 of Sangondahalli
Village, Kolar Taluk and District by the Land Tribunal,
Kolar in proceedings bearing No.4.L.R.F:D.V.S:310/1980-
81. The respondents therein were Sri Anjaneya Swamy
Devar and Archak of the temple Sri Narayanachar.
Consequent to the orders passed by the Land Tribunal,
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Form No.10 was also issued on 12.06.1981. The order
passed by the Land Tribunal is produced at Annexure-A,
while Form No.10 is at Annexure-B. At Annexure-C, the
petitioners have produced a copy of the mutation order in
MR No.260/1981-82, by virtue of which, the name of Sri
Amir Jan was incorporated in the revenue records
consequent to the orders passed by the Land Tribunal.
Copy of the RTC for the year 1995-96 has been produced
at Annexure-D which reflects the name of Sri Amir Jan.
3. It is contended that after Sri Amir Jan passed
away on 27.03.2008, his son Sri Wazeer Ahmed who had
filed writ petition initially, approached the revenue
authorities by filing a representation dated 18.08.2008
bringing to the notice of the revenue authorities the
factum of death of Sri Amir Jan and sought for mutation
entry in his name on the basis of inheritance. However, it
was then brought to the notice of the petitioners that the
name of Sri Amir Jan was removed from the land record
and the land was standing in the name of "Government".
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During the same time, the Deputy Commissioner also
issued the impugned official memorandum granting 5
acres and 17 guntas of land in Sy.No.10 for the benefit of
formation of a layout for distribution of sites to the siteless
persons. Consequently, this writ petition has been filed
calling in question the official memorandum issued by the
Deputy Commissioner and the paper publication which was
issued consequent to the impugned official memorandum.
4. The further development is that the Deputy
Commissioner had assigned the task of formation of the
layout and distribution of sites to the Kolar City Municipal
Council and City Municipal Council approached the Kolar
Urban Development Authority seeking sanction of a plan
for formation of a layout. This Court had directed the
parties to maintain status-quo in respect of the land in
question.
5. Learned counsel for the petitioners submits that
there was no mention in the record of rights as to by
which order the name of Sri Amir Jan was removed from
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the record of rights. Learned counsel submits that in the
impugned official memorandum, the Deputy Commissioner
has infact noticed the fact that Sri Wazeer Ahmed, the
original writ petitioner herein had filed O.S.No.7/2002
before the learned Civil Judge (Jr.Dn.) at Kolar against Sri
A.N.Sheshadri, who was son of Archak Narayanachar. The
Deputy Commissioner has noticed the fact that a judgment
and decree was passed by the Civil Court permanently
injuncting the defendant from interfering with peaceful
possession of the suit schedule property. Nevertheless,
without even adverting to the fact that the name of Sri
Amir Jan was recorded in the revenue records after Form
No.10 was issued in his favour, the Deputy Commissioner
has proceeded to issue the official memorandum granting
the entire extent of 5 acres and 17 guntas of land for
formation of a layout under the Ashraya Scheme.
6. Learned counsel would therefore contend that it
is impermissible for the Deputy Commissioner to have
issued the impugned official memorandum having noticed
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the fact there is a claim at the hands of the petitioner
herein who had contended that the Land Tribunal had
granted occupancy rights infavor of his father consequent
to which his name was recorded in the revenue records.
The land being a private property, it was impermissible for
the Deputy Commissioner to reserve such lands for the
purpose of developing the sites under the Ashraya
scheme.
7. Per contra, learned High Court Government
Pleader seeks to support the impugned official
memorandum on the ground that the records do not
reveal the fact that the name of Sri Amir Jan was recorded
in the record of rights. In the suit filed by Sri Wazeer
Ahmed, the State or the revenue authorities were not
parties to the proceedings. On the other hand, it was only
Sri A.N.Sheshadri, the son of Archak Narayanachar who
has arrayed as defendant and therefore the judgment and
decree passed by the civil court is not binding on the State
or the revenue authorities. Attention of this Court is also
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drawn to the statement in the official memorandum that
Sri Amir Jan had filed Form No.7A seeking occupancy
rights under the provisions of the Karnataka Land Reforms
Act. It is stated that if Sri Ameer Jan was granted
occupancy rights in the year 1981-82 under the provisions
of Mysore (Religious and Charitable) Inams Abolition Act,
1955, then there was no occasion for Sri Amir Jan to have
filed Form No.7A seeking occupancy rights under the
provisions of the Karnataka Land Reforms Act. The
learned High Court Government Pleader would therefore
submits that the Deputy Commissioner is right in holding
that the documents sought to be furnished by the
petitioners are fictitious and bogus documents which would
not confer rights in favor of the petitioners.
8. Heard the learned counsel for the petitioner,
learned High Court Government Pleader for the respondent
State and Deputy Commissioner, the learned counsels for
the Kolar City Municipal Council and the Kolar Urban
Development Authority and perused the petition papers.
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9. With the material available on record, it is clear
that the Deputy Commissioner could not have discarded
the contention of the petitioners without verifying the
original records. If the petitioners have produced a copy of
the orders passed by the Land Tribunal, Form No.10
issued by the Special Tahasildar and the mutation register
extract bearing mutation order in MR No.260/1981-82, the
Deputy Commissioner was duty bound to consider the
contentions of the petitioners. It was impermissible for
the Deputy Commissioner to simply discard the
contentions of the petitioners without securing the original
records and perusing the same in the presence of the
petitioners. It is clear that the Deputy Commissioner has
not followed the principles of natural justice. The least that
was required to be done by the Deputy Commissioner was
to call for the original records and find out as to whether
the revenue records bore the name of Sri Amir Jan in
terms of the orders passed by the Land Tribunal. If that
exercise was undertaken and if it was found that no such
revenue entries were made and no such orders were
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passed by the Land Tribunal, only then the Deputy
Commissioner could have proceeded to grant the land for
any other purpose. The Deputy Commissioner not having
undertaken such exercise, this court is of the considered
opinion that the impugned official memorandum cannot be
sustained. The provisions of the Karnataka Land Revenue
Act or the Karnataka Land Grant Rules would permit the
Deputy Commissioner or any other competent authority to
grant Government land to the benefit of certain individuals
or for public purposes. It is impermissible for the Deputy
Commissioner to grant land belonging to a private
individual, without acquiring the land or without following
the due process of law.
10. For the reasons stated above, this Court having
been convinced that the Deputy Commissioner could not
have passed the impugned official memorandum, this
court proceeds to pass the following
:ORDER:
(i) The writ petition is allowed.
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(ii) The impugned official memorandum dated
04.09.2014 passed by the respondent
Deputy Commissioner, Kolar District is
hereby quashed and set aside.
(iii) The Deputy Commissioner is hereby
directed to reconsider the claim of the
petitioners. The original petitioner Sri
Wazeer Ahmed had given a
representation to the Tahasildar to enter
his name in the place of his father Sri
Amir Jan on the basis of inheritance. The
Deputy Commissioner, having regard to
the subsequent developments, shall call
for the original records from the office of
the Land Tribunal, Kolar and the original
revenue records, find out as to whether
the Land Tribunal had passed orders in
favour of Sri Amir Jan and whether the
land revenue records were mutated in the
name of Sri Amir Jan. On perusal of all
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such original records, if the Deputy
Commissioner finds that no such orders
were passed by the Land Tribunal or no
such entry was made in the land revenue
records, only then the Deputy
Commissioner shall issue an endorsement
to the petitioners and proceed to reserve
the land for the purposes of formation of
sites. On the other hand, if it is found
that Land Tribunal had indeed passed
such an order and revenue entries were
made in favour of Amir Jan then
necessary directions shall be issued to the
Tahasildar to enter the name of the legal
heirs of Sri Amir Jan in the land records.
Ordered accordingly.
Sd/-
JUDGE
KLY
CT: JL
