Research › Search › Judgment

Karnataka High Court · body

2013 DIGILAW 699 (KAR)

E. v. Rajesh VS Assistant Commissioner for Muzrai Works

2013-06-18

H.G.RAMESH

body2013
ORDER Huluvadi G. Ramesh, J.—By the impugned order at Annexure-E, the Joint Director of Land Survey has directed the Assistant Director for Land Records to verify the records to be submitted by the concerned applicants and to make necessary entries in the city survey records. Aggrieved by the same, petitioner is before this Court. Petitioner claims to be the purchaser of property in PT Sheet No. 272, chalti Number 123 CTS 1262 situate at LA Division 81, Nagarthpet, through his erstwhile purchaser. Incidentally the stand of the respondents is that the property in question belongs to Muzrai Department i.e., property of Kalika Kamateshwari Temple. On the basis of the stand taken, entry which had been made in the name of the petitioner in the land/survey records were ordered to be removed to make necessary entries in the name of the Muzrai Department. 2. Heard the Counsel representing the parties. 3. The grievance of the petitioner is, such an order passed is without condoning the delay in the appeal preferred by the Assistant Commissioner and without giving due opportunity to the petitioner. 4. Petitioner contends that he purchased the property during 1990 from his erstwhile vendor who was enjoying the property for more than forty years. If the property originally belongs to the Muzrai Department, if there is any fraudulent transaction in favour of the vendor of the petitioner and also if there are original records to show that property belongs to the Temple, then it is for the Joint Director of Land Records to verify the records on his own and on satisfaction, can pass orders, according to law. Further, if there is any authentication for the vendor of the petitioner having come into possession and based on other records to be submitted by the petitioner, then also petitioner's case be considered. 5. Furthermore, as regards the delay that has been canvassed by the petitioner is concerned i.e., without condoning the delay the order has been passed by the Joint Director, it appears the appeal is by the Government and might be there are sufficient reasons to be explained. Accordingly, petition is allowed. Impugned order is set aside. Matter is remitted to the Joint Director/Officer-in-charge of the post held, to condone the delay and pass orders according to law keeping in view the observation made above.