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2019 DIGILAW 827 (KAR)

Unidesign Builders & Developers (P) Ltd. v. Deputy Commissioner, Bangalore District

2019-04-03

S.N.SATYANARAYANA

body2019
ORDER : Petitioner herein is impugning the order of respondent No.1- Deputy Commissioner dated 20.07.2012 in disturbing revenue entries bearing M.R.No.65/2005-06 in the name of Sri.Karar Ahmed-respondent No.11 and M.R.No.4/2010-11 in the name of Sri.Bhoopathirespondent No.4 with reference to land bearing Sy.No.152/1 of Doddathogur village, Begur Hobli, Bangalore South Taluk measuring 2 acres 31 guntas and consequently directing to register the same in the name of one Sri.M.Muniraju S/o. Sri.Muniyappa and to restore the Khata in his favour to an extent 1 acre 31 guntas. 2. The brief facts leading to filing of the writ petition are as under: According to the petitioner herein, the entire extent of 2 acres 31 guntas in Sy.No.152/1 of Doddathogur village, Begur Hobli, Bangalore South Taluk belongs to the petitioner in R.P.No.408/10-11 i.e., respondent No.5 herein. The respondent No.5 herein sold the entire extent of 2 acres 31 guntas of land in favour of respondent No.6Sri.Karar Ahmed under registered sale deed dated 09.04.2001 registered as document No.208/2001-02 in the office of the Sub-Registrar Bengaluru South Taluk and delivered the possession of the same to respondent No.6-Sri.Karar Ahmed. That the said sale deed is at Annexure-D to the writ petition. 3. Thereafter, it is stated that Sri.Karar Ahmed, who had acquired title to an extent of 2 acres 31 guntas of Doddathogur village, Begur Hobli, Bangalore South Taluk in Sy.No.152/1, sold 1 acre 30 guntas of land in favour of respondent No.7-Sri.K.Bhoopathi under registered sale deed dated 27.07.2002 registered as document No.5168/2002-03 in the office of the Bangalore South Taluk and it is further stated that as on the said date, the land in question which was sold in favour of Sri.K.Bhoopathi was already converted from agricultural to residential house vide order bearing No.ALN/SRS 63/2001-02 dated 21.09.2001. 4. It is based on the said sale deed, Sri.K.Bhoopathi said to have formed a layout and he sold item Nos.1 and 2 referred to in the said sale deed dated 27.01.2005 executed by him in favour of Sri.K.C.Varghese with reference to site Nos.14 to 19 in item No.1 measuring 7440 sq.ft. and site Nos.26 to 31 in item No.2 measuring 7440 sq.ft. under registered document No.BAS-1-26939/2004-05 in the office of the SubRegistrar, Bangalore South Taluk. It is further stated that Sri.K.C.Varghese who has sold the said item Nos.1 and 2 measuring 14880 sq.ft. and site Nos.26 to 31 in item No.2 measuring 7440 sq.ft. under registered document No.BAS-1-26939/2004-05 in the office of the SubRegistrar, Bangalore South Taluk. It is further stated that Sri.K.C.Varghese who has sold the said item Nos.1 and 2 measuring 14880 sq.ft. in favour of the petitioner herein under registered sale deed dated 07.06.2012 vide document No.BNG-BMH 1983/2012-13. It is in this background, the petitioner has become owner to an extent of 14880 sq.ft. under registered sale deed vide Annexure-G to the writ petition. 5. When the matter stood thus, it is seen that some third parties have raised dispute before the Special Tahsildar, Bangalore South Taluk seeking change of mutation entries in Sy.No.152/1 contending that they are the owner of land bearing Sy.Nos.106/1 and 106/2 which according to them is part of Sy.No.152/1 of Doddathogur village. It is based on the said application, the Special Tahsildar has allowed the proceedings bearing No.RRT(1) DIS-34/0304 directing to register Sy.Nos.106/1 and 106/2 of Doddathogur village in favour of the petitioner therein as the same is identified by them as part of Sy.No.152/1. 6. The said order is challenged by Sri.K.Bhoopathi who is the owner of entire extent of 2 acres 31 guntas in Sy.No.152/1 in an appeal filed in R.A.(A).250/2008-09 on the file of the Assistant Commissioner which came to be allowed by setting aside the order passed by the Special Tahsildar in proceedings bearing RRT(1) DIS34/03-04 and ordered to continue Sy.No.152/1 of Doddathogur village measuring 2 acres 31 guntas in the name of Sri.K.Bhoopathi who is the owner of the aforesaid land under the registered sale deed. The said order of the Assistant Commissioner is challenged by the erstwhile owner Sri.M.Muniraju in R.P.No.408/2010-11 on the file of the Deputy Commissioner, Bangalore District. 7. Incidentally, Sri.M.Muniraju was not a party either before the Assistant Commissioner or before the Tahsildar. For the first time, he filed Revision petition before the Deputy Commissioner as if he has not sold the land in question in favour of Sri.K.Bhoopathi. Admittedly, the said land was sold by him in favour of respondent No.6-Sri.Karar Ahmed on 09.04.2001 itself and it is clearly seen that he has suppressed the sale transaction made in favour of Sri.Karar Ahmed on 09.04.2001 and subsequently, conversion of aforesaid land from agriculture to non-agriculture residential purpose by the very same Deputy Commissioner in proceedings bearing No.ALN/SRS 63/2001-02 dated 21.09.2001. 8. 8. It is seen that in spite of opposition to the application filed by Sri.M.Muniraju, without considering the flow of title to the entire extent of land in Sy.No.152/1 from Sri.M.Muniraju to respondent No.6 and from respondent No.6 to respondent No.7 and the said land being converted to layout by Sri.K.Bhoopathi and further Sri.K.Bhoopathi sold the portion of the said land in favour of Sri.K.C.Varghese and the said Sri.K.C.Varghese sold the same in favour of the petitioner herein, the Deputy Commissioner has passed the impugned order in erroneous manner without considering the reference which was placed before him. 9. In that view of the matter, the order passed by the Deputy Commissioner-respondent No.1 in proceedings No.RP 408/2010-11 dated 20.07.2012 is hereby quashed and consequently, the order of Assistant Commissioner in proceedings bearing No.R.A.(A).250/2008-09 dated 12.07.2010 is hereby confirmed. While doing so, it is hereby made clear that the name of Sri.M.Muniraju shall be removed from the revenue records in respect of Sy.No.152/1 as the said land has already been sold by him and the same is converted from agricultural to nonagricultural use. The revenue record shall reflect alienation of said land from Agriculture to Residential use. There shall be reference to the said land being entered in jurisdictional village panchayath records as converted land which is now formed as site with distinct site numbers being assigned to it. With such observations, this writ petition is allowed.