Disposed

Sri Ramachandraiah K B v. the State of Karnataka

Karnataka HC15 Sept 2021WP/15697/2021

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition challenging a notice for document production regarding land. The court held that since possession was regularized by a 2018 order, the Tahsildar must consider produced documents and could not claim unauthorized possession. The petition was disposed of by directing the authorities to act on the court's order.

What did the court decide?

Petitioner permitted to submit documents to Respondent No.4; Respondent No.4 directed to act on court order without waiting for certified copy; Dispossession prevented.

Sri Ramachandraiah K B Vs the State of Karnataka — Land Acquisition | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF SEPTEMBER, 2021

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BEFORE

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THE HON’BLE MR.JUSTICE SURAJ GOVINDARAJ

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WRIT PETITION NO.15697 OF 2021(KLR-RES)

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BETWEEN:

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SRI RAMACHANDRAIAH K.B. S/O LATE BETTAIAH, AGED ABOUT 46 YEARS, R/AT:KITTAGATTA VILLAGE, AMRUTHURU HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT. ... PETITIONER

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(BY SHRI SHIVASHANKARA Y.D., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, M.S.BUILDING, BENGALURU - 560 002.

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THE DEPUTY COMMISSIONER TUMAKURU DISTRICT, TUMAKURU - 572 101.

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THE ASSISTANT COMMISSIONER TUMAKURU SUB-DIVISION, TUMAKURU - 572 101.

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THE TAHSILDHAR KUNIGAL TALUK,

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TUMAKURU - 572 130.

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THE COMMITTEE FOR REGULARISATION OF UNAUTHORISED OCCUPATION, REPRESENTED BY ITS SECRETARY,

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KUNIGAL TALUK,

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TUMAKURU - 572 130. ... RESPONDENTS

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(BY SHRI SRINIVAS GOWDA, AGA FOR R1 TO R4)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED NOTICE DATED 18.08.2021 VIDE ANNEXURE-J ISSUED BY THE R-4 FOR DIRECTING THE PETITIONER TO PRODUCE RELEVANT DOCUMENTS PERTAINING TO PROPERTY BEARING SY.NO.10 OF KITTAGATTA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK. DIRECT THE RESPONDENT TO ISSUE SAGUVALLI CHIT BY COLLECTING PRESCRIBED IT AMOUNT OF RS.6,679/- AS PER ANNEXURE-H IN RESPECT OF 3.00 ACRE, 0.08 GUNTAS OF PETITIONER GRANTED LAND IN SY.NO.10 OF KITTAGATTA VILLAGE. DIRECT THE RESPONDENTS NOT TO DISPOSES THE PETITIONER FROM HIS GRANTED LAND MEASURING 3.00 ACRES, 0.08 GUNTAS IN SY.NO.10 OF KITTAGATTA VILLAGE AS PER THE SURVEY SKETCH VIDE ANNEXURE-C TILL ISSUE OF SAGUVALLI CHIT AND KHATHA IN HIS FAVOUR FROM THE R-4 AND ETC.

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THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Sri Srinivas Gowda, learned Additional Government Advocate accepts notice for respondent No.1 to 4.

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The petitioner is before this Court seeking for the following reliefs:

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"(a) Issue a writ in the nature of certiorari or any other writ/order quashing the impugned notice dated 18.08.2021 vide Annexure-J vide No.NCR/CR/178/2021-22, issued by the 4^TH Respondent for directing the Petitioner to produce relevant documents pertaining to property bearing Sy.No.10 of Kittagatta Village, Amruthur Hobli, Kunigal Taluk.

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(b) Issue writ in the nature of mandamus directing the Respondent to issue Saguvalli Cheet by collecting prescribed T.T amount of Rs.6,679/- as per Annexure-H in respect of 3.00 acre, 0.08 guntas of Petitioner granted land in Sy.No.10 of Kittagatta Village.

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(c) Issue writ in the nature of mandamus directing the respondents not to disposes the petitioner from his granted land measuring 3.00 acres, 0.08 guntas in Sy.No.10 of Kittagatta Village as per the survey sketch vide Annexure-C till issue of Saguvalli Cheet and Khatha in his favour from the 4^th Respondent.

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(d) Pass any order or direction as this Hon'ble Court deems fit under the circumstances of the case in the interest of justice and equity."

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The contention of the petitioner is that despite Form - 53 for regularisation filed by the petitioner being considered and allowed and land to an extent of 3 acres 0.08 guntas has been regularised, the TT amount has not been collected. Instead of doing so, the notice at Annexure-J dated 18.08.2021 has been issued contending that the petitioner is in unauthorised possession and legal action would be taken against the petitioner.

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A perusal of the order dated 25.02.2018 indicates that indeed the possession of 3 acres 0.08 guntas of land has been regularised and the TT amount is fixed at `6,679/- in terms of Annexures-G and H. These facts would have to be brought to the notice of respondent No.4 - Tahsildar,

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the respondent No.4 cannot now contend that the said possession is unauthorised or otherwise. In view thereof,

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the petitioner is permitted to submit all the documents in answer to Annexure-J which has to be considered by respondent No.4.

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Respondent No.4 will act on a print out of the uploaded copy of this order on the website of this Court, if so furnished by the petitioner, without waiting for certified copy thereof. If respondent No.4 has any doubt about the order, respondent No.4 may verify the contents of the order from the website of this Court and or from the learned Additional Government Advocate.

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Needless to say that when possession has been ordered to be regularised, the question of respondent No.5 dispossessing or otherwise the petitioner would not at all arise. It is made clear that the above order is restricted to the lands covered under survey No.10 Kittagatta Village, Amruthuru Hobli, Kunigal Taluk, Tumakuru District measuring 3 acres 0.08 guntas only.

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The petition is accordingly disposed of.

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Sd/JUDGE

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AHB

Sri Ramachandraiah K B v. the State of Karnataka

Case brief

What is this about?

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Sri Ramachandraiah K B v. the State of Karnataka

Case brief

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