The petitioner sought restoration of revenue records for agricultural land notified as excess under the repealed ULC Act. The Court observed the land was developed into a residential layout with Khata issued to others. Dismissed the claim.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:39283 WP No. 13144 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 13144 OF 2021 (ULC)
BETWEEN:
SRI N HARISH S/O LATE D NAGARAJA AGED ABOUT 37 YEARS R/AT 12/1 AND 12/2 ABBIGERE CHIKKABANAVARA PSOT YASHWANTHPUR HOBLI, BANGALORE NORTH TLAUK BANGALORE 560 070
…PETITIONER
(BY SRI. D.L. JAGADEESHA, SENIOR ADVOCATE FOR
SRI.ADINARAYANAPPA.,ADVOCATE)
Digitally signed by NARASIMHA MURTHY VANAMALA Location: HIGH COURT OF KARNATAKA
AND:
NO.#45/1, 2ND BLOCK NEAR VENKATESHWARA GAS GODOWN. DODDA BOMMASANDRA. VIDYARANYA PURA ROAD BANGALORE-560097.
ABBIGERE YASHWANTHAPURA HOBLI. BANGALORE-560090.
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35 KAMESHWAR PANDEY AGED ABOUT 45 YEARS S/O GANESH PANDEY, NO #5, 11TH CROSS, SOMESWARA LAYOUT. ABBIGERE YASHWANTHAPURA HOBLI. BANGALORE-560090.
NC: 2023:KHC:39283 WP No. 13144 of 2021
RESIDING AT NO.#40/3,3RD CROSS, K.N. EXTENSION, TRIVENI ROAD, YESHWANTHPUR, BANGALORE 560022.
…RESPONDENTS
(BY SRI.BHOJEGOUDA T KOLLER., AGA FOR R1 & R2; SRI. GURUDATTA V R, ADVOCATE FOR SRI. SPOORTHY HEGDE, ADVOCATE FOR R3, R36 & R39; SRI. A.M. VIJAY, ADVOCATE FOR R4 TO R35)
THIS WP IS FILED UNDER ARTICLE 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT THE RESPONDENTS TO CONSIDER THE REPRESENTATION MADE BY THE PETITIONER FATHER ON DATED 21.04.2021, WHICH IS PRODUCED AS ANNEXURE-A; CONSEQUENTLY DIRECT THE RESPONDENTS TO RESTORE THE LAND AND REVENUE
NC: 2023:KHC:39283 WP No. 13144 of 2021
RECORDS INTO THE NAME OF THE PETITIONER AS PER THE URBAN LAND (CEILING AND REGULATION) REPEAL ACT 1999 IN RESPECT OF SY.NO.77 SITUATED AT ABBIGERE VILLAGE, YASHWANTHPURA HOBLI, BANGALORE NORTH TALUK, BANGALORE FOR THE EXTENT OF MEASURING TO EXTENT OF 15960.80 SQ.MTRS OR 4 ACRE 3 GUNTAS.
THIS PETITION, COMING ON FOR DISPOSAL, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
The petitioner, whose father was the
undisputed owner of an extent of 3 acres 31 guntas and 13 guntas of kharab situated at Abbigere village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru [ the subject property ], has filed this writ petition for a direction to the official respondents to consider his father’s representation dated 21.04.2021 and for directions to them to restore possession and the revenue records of the subject property in his favour.
NC: 2023:KHC:39283 WP No. 13144 of 2021
2. It is undisputed that an extent of
15490.80 square meters in the subject property is notified as ‘ excess land’ vide the Notification dated 09.10.1986 issued under the Urban Land [Ceiling and Regulation) Act, 1976 [for short, the ‘ ULC Act’ ], and then notice under Section 10[5] of the ULC Act is also issued. However, the petitioner contends that possession of this property has not been taken. The petitioner also contends that, with the ULC Act being repealed by the Urban Land [Ceiling and Regulation] Repeal Act 1999 [for short, the ‘ Repeal Act’ ], the petitioner is entitled for the revenue records because the possession of this property is not taken. The contention that the petitioner is in possession of the property is rather perilous when there is a prayer for direction to restore possession.
Counsel for the petitioner, Sri Bhojegouda T Koller, the learned Additional Government Advocate for the
NC: 2023:KHC:39283 WP No. 13144 of 2021
official respondents, Sri A. M. Vijay and Sri Gurudatta V.R., the learned counsels for the private respondents, are heard for final disposal of the petition. This Court, on 01.12.2022, has enabled a report to be filed after spot inspection, and such report is placed on record along with a memo on 28.01.2023. This report contains a spot mahazar drawn by the jurisdictional Revenue Inspector and the Village Accountant and the report filed by the Tahsildar on 25.10.2022 with the jurisdictional Assistant Commissioner.
which is in vernacular, are that an extent of 2 acres 20 guntas in the total extent of 4 acres 3 guntas in Sy.No.77 of Abbigere village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru is permitted to be diverted from agricultural to non-agricultural purposes on 18.05.1992 in favour of Smt. Lakshmi Venkatesh Reddy, wife of Sri S.G. Venkatesh and that the remaining extent of 1 acre 10 guntas is also
NC: 2023:KHC:39283 WP No. 13144 of 2021
developed into a residential layout with the houses, roads, vacant sites and factories and “ Sri Someshwara Temple ”. The Tahsildar has further observed in the report that the subject property is within the administrative jurisdiction of Bruhat Bengaluru Mahanagara Phalike [ BBMP ] and that this local authority has issued Khata in favour of the concerned.
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the question for consideration will be whether there must be a direction to the respondents to consider restoring the revenue entries for the subject property in favour of the petitioners, or any other direction at all.
6. Sri D. L. Jagadeesh submits that this
Court may consider directing the second respondent to consider the petitioner’s representation in the light of the facts that the subject property was an agricultural land at the relevant time; that the endorsement dated 06.03.1987 [ Annexure–R.102] is issued with reference to that portion of the subject property purchased by Smt. Lakshmi Venkatesh Reddy affirming that no further action is taken under the ULC Act ; and that at the time of drawing the spot mahazar, the revenue authorities have observed that 20 guntas in the subject property is still vacant.
NC: 2023:KHC:39283 WP No. 13144 of 2021
property has developed into a residential layout with separate Kathas being issued to different persons for different portions in this property. Further, on perusal of the Endorsement dated 06.03.1987 [ Annexure – R.102 ], this Court must opine that it remains indisputable that it is not just with reference to the extent purchased by Smt. Lakshmi Venkatesh Reddy but it also relates to the extents owned/purchased by Sri S.G. Venkatesh and Sri V. Lokesh. Furthermore, the petitioner does not dispute that Writ Petition in W.P. No. 30433/2019 is filed for directions to consider representation for payment of compensation under ULC Act. This Court, for the reasons recorded, is not persuaded to direct the respondents to consider petitioner’s representation.
NC: 2023:KHC:39283 WP No. 13144 of 2021
advantage of those who could be in possession of the respective portions and the Government’s stand cannot be a cause whatsoever to direct the authorities to consider the petitioner’s representation. If the petitioner could assert that he is in possession of any extent of the subject property and there is any cause in that regard he must necessarily work out his remedies in a properly instituted civil suit, and this Court must hasten to add that this observation does not reserve any liberty to the petitioner.
The petition stands disposed of accordingly.
SD/JUDGE
NV
2 issues framed by the court
Whether the petitioner is entitled to a direction to restore revenue records of land notified as excess under the ULC Act which has since been repealed.
Whether the benefit of lack of possession taking by the government should be claimed by absentees or those in actual possession.
4 provisions across 3 enactments
Sri N Harish S/o Late D Nagaraja
The State of Karnataka
The Special Deputy Commissioner Bangalore Urban District
B M Shyam Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
