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2023 DIGILAW 1206 (KAR)

Patalamma v. State of Karnataka

2023-10-11

S.SUNIL DUTT YADAV

body2023
JUDGMENT 1. Petitioner has sought for issuance of writ in the nature of mandamus to direct respondents 5 to 7 to conduct survey in respect of Sy. No. 23 measuring 622.24 acres out of which an extent of 296 acres 2 guntas has to be demarcated as granted land. Petitioner has also sought for issuance of writ in the nature of mandamus to respondents 1 to 5 not to hand over an extent of 207 acres in Sy. No. 23 to the defence authority without conducting survey and phodi of the land. Petitioner has further sought for a direction not to allot any further land in Sy. No. 23 referred to above without demarcating the lands allotted to the petitioner. 2. Learned counsel for petitioner submits that petitioner's mother-in-law / Smt. Chowdamma along with other grantees, was granted an extent of 4 acres in the land beaing Sy. No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru District, on 29/11/1952. It is further submitted that after such grant, saguvali chit was issued as per Annexure-D and subsequent to the death of Smt. Chowdamma, mutation has been changed in the name of petitioner, but however, there is no phodi proceedings conducted. 3. The Tahsildar was present on 10/10/2023 and upon his instructions, learned Additional Government Advocate has filed a memo which reads as hereunder: "The Respondents/State humbly submits as follows:- 1. The above Writ Petition was filed by the Petitioner seeking for a writ of mandamus to conduct Survey and Phodi in respect of Sy.No.23 measuring to an extent of 622 acres 24 guntas, out of which, an extent of 296 acres 2 guntas has to be de-marketed as per grant made by the Respondents to the Petitioner in relation to the land situated at Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District. 2. It is submitted that for the purpose of conducting Phodi, the RTC was referred to in relation to Sy.No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District In the said RTC, Sy.No.23 which actually measuring to an extent of 606 acres 29 gunts as per the present Aakarband. However, in the RTC, the total extent of acre 9 guntas and in Colum No.9, it is shown as 906 acres 13 guntas. However, in the RTC, the total extent of acre 9 guntas and in Colum No.9, it is shown as 906 acres 13 guntas. The land in Sy.No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District is measuring to an extent of 606 acres 29 guntas only and there is an excess of 300 acres 16 guntas of land has been shown in the RTC. A copy of the RTC is produced herewith and marked as DOCUMENT NO.1. 3. It is submitted that the Tahsildar written a letter, addressed to the Special Deputy Commissioner dtd. 21/9/2023 seeking for suo-moto proceedings under Sec. 136(3) of the Karnataka Land Revenue Act 1964 to correct the error in the RTC in relation of land bearing Sy.No.23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru Urban District. The copy of the letter dtd. 21/9/2023 is produced herewith and marked as DOCUMENT NO.2. 4. It is submitted that based on the letter dtd. 21/9/2023, the Special Deputy Commissioner has initiated proceedings under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 and issued notice to all the persons, who are in possession of the said property bearing Sy.No.23 as per the RTC. After enquiry, the error appeared in the RTC will be rectified by passing an order under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 by Special Deputy Commissioner, Bengaluru South Taluk, Bengaluru. 5. It is submitted that once the entries in RTC was rectified by the Special Deputy Commissioner under Sec. are 136(3) of the Karnataka Land Revenue Act, the jurisdictional Special Tahsildar will rectify the entries in the RTC at Column Nos.3 and 9 based on the order passed by the Special Deputy Commissioner. The Regular Tahsildar will proceed to make an entry in Column Nos.1 to 5. Thereafter, the Assistant Commissioner will forward the file to the Deputy Director of Land Records for the purpose of conducting Phodi and Durasti and after thorough verification from the Deputy Director of Land Records, the file will be forwarded to the Assistant Director of Land Records. WHEREFORE, the Memo is filed by the Respondent/ Government based on the instructions given by the jurisdictional Tahsildar and the same may be taken on record, in the interest of justice and equity." 4. WHEREFORE, the Memo is filed by the Respondent/ Government based on the instructions given by the jurisdictional Tahsildar and the same may be taken on record, in the interest of justice and equity." 4. It comes out from the memo filed that there is an error in the RTC insofar as though the actual extent of land is 606 acres 29 guntas as per the Akarband, the RTC in Column No.3 at present shows an extent of land measuring 893 acres 9 guntas and in column No.9 it shows as 906 acres 13 guntas. Accordingly, it is submitted that the Tahsildar had moved the Deputy Commissioner seeking for suo- moto proceedings under Sec. 136(3) of the Karnataka Land Revenue Act, 1964 (for short 'the Act') to correct the error found in Column Nos. 3 and 9. 5. It is submitted that proceedings under Sec. 136(3) of the Act has been initiated and after enquiry and rectification of entries in Column Nos. 3 and 9 consequent to the final orders to be passed in 136(3) proceedings, entries would be made in Column Nos. 1 and 5 and thereafter file would be forwarded to the Deputy Director of Land Records for conducting phodi and durast and other procedures would be followed thereafter, which according to respondents addresses the grievance of petitioner. 6. The averments in the memo are that there is an error in column No.3 showing the measurement as 893 acres 9 guntas and in column No.9 showing the measurment as 906 acres 13 guntas and it is asserted that an extent of 606 acres 29 guntas is the actual land that is available. In order to narrow down the controversy, a perusal of Annexure-K would reveal that lands have been granted in Sy. No.23 in terms of the allotments made therein, in which name of petitioner's mother-in-law (Smt. Chowdamma W/o. Muniyana Bhovi) finds a mention at Sl. No.90. In terms of the proceedings at Annexure-L, it is submitted that the total extent is 622.24 acres and the land that is granted is 296.02 acres. This extent of 296.02 acres refers to grants made at Annexure-K. Insofar as other grants, though details are mentioned, such grants are related to other entities. 7. Insofar as the land of the petitioner falling within the area of grant under 296.02 acres, it is submitted that the validity of the grant is not in dispute. This extent of 296.02 acres refers to grants made at Annexure-K. Insofar as other grants, though details are mentioned, such grants are related to other entities. 7. Insofar as the land of the petitioner falling within the area of grant under 296.02 acres, it is submitted that the validity of the grant is not in dispute. If that were to be so, for the purpose of 136(3) proceedings, though all parties may be issued notice, however, the enquiry under Sec. 136(3) is to be confined only insofar as the rectification of entries in column Nos. 3 and 9 and no attempt must be made to reopen the grants made at Annexure-K. Accordingly, while such order is passed the State is reserved liberty to remove encroachment of the lands made in excess of land that is granted as well as encroachment made by third parties of granted lands. 8. Accordingly, in light of the memo filed, the proceedings under Sec. 136(3) of the Act are to be disposed off expeditiously while taking note of the observations made above and once 136(3) proceedings are concluded, the phodi and durast proceedings are to be concluded within a period of six months thereafter. It is made clear that till such process is completed, no fresh grants are to be made or third party rights to be created at the instance of the State in respect of Sy. No. 23 of Thammanayakanahalli Village, Kasaba Hobli, Anekal Taluk, Bengaluru District, and status quo as on date to be maintained. 9. The attention of the Court is drawn to the discrepancy as made in Column Nos. 3 and 9, which runs to more than 250 acres in Column No.3 and 300 acres in Column No.9. This is a matter of concern as to how there could be such defects brought to the notice of the Authorities only after the present petition has been filed. A detailed enquiry to be made on the administrative side of the State to find out how such discrepancy in the revenue records has crept in and appropriate action to be taken on the concerned officials if found to be involved so as to ensure that insofar as Government lands are concerned, officials or third parties will not be permitted to meddle with the entries creating substantive rights.