Sri Mallesha Vs State of Karnataka

THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO CALL FOR THE RECORDS IN W.P.No.25409/2022 (KLR-RESPONDENTS) ON THE FILE OF LEARNED SINGLE JUDGE OF THIS HON'BLE COURT AND SET ASIDE THE FINAL ORDER/JUDGMENT DATED 26.03.2024 AND CONSEQUENTLY ALLOW THE WRIT PETITION, AS PRAYED FOR, AND GRANT SUCH OTHER RELIEF/S AS THIS HON'BLE COURT MAY DEEM FIT TO GRANT AND PROPER IN THE FACTS OF THE CASE, IN THE INTEREST OF JUSTICE AND EQUITY.

¶30

THIS APPEAL, COMING ON FOR PRELIMINARY HEARING, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:

¶31

CORAM: HON'BLE MR. JUSTICE D K SINGH and

¶32

HON'BLE MR. JUSTICE S RACHAIAH

¶33

ORAL JUDGMENT

¶34

(PER: HON'BLE MR. JUSTICE D K SINGH)

¶35

The present intra Court Appeal has been filed impugning the Judgment and order dated 26.03.2024

¶36

3 - NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶37

HC-KAR

¶38

passed by the learned Single Judge in

¶39

W.P.No.25409/2022 (KLR-RES), filed by the appellants herein.

¶40

The parties are referred to as per their ranking before the writ Court, for the sake of convenience.

¶41

The petitioners have filed the above said writ petition praying to quash the grant orders dated at 22.02.2022 and 06.04.2022 passed by the Deputy Commissioner, Chamarajanagar District, Chamarajanagar in Survey No.124 of Yadapura Village, Kasaba Hobli, Chamarajanagar Taluk and District in favour of the Chamarajanagar Institute of Medical Sciences and Indian Red Cross Society, Chamarajanagar respectively. The petitioners have also prayed that direction be issued to the Tahsildar, Chamarajanagar Taluk, to enter their names in the Record of Rights (ROR) on the strength of inheritance against 4 acres of land in Survey No.124 of Yadapura Village, Kasaba Hobli, Chamrajanagar Taluk and District.

¶42

4 - NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶43

HC-KAR

¶44

According to the petitioners, their grandfather

¶45

Sri Siddegowda was granted the land in question along with a few other persons in terms of the Darkhast proceedings bearing No.NDR 108/1960-61. Pursuant to the grant, the grantees were asked to pay the premium/ kimath on the land. It is further contented that on payment of kimath, 4 acres of land was granted to Sri. Siddegowda and one Doddajavaraiah. Saguvali chit was also issued pursuant to the grant made in favour of Sri. Siddegowda.

¶46

Sri. Siddegowda died in the year 1980. His son Rachegowda came into possession of the land in question and was paying the revenue assessed on the land in question. In the year 2016, construction commenced for the purposes of Chamarajanagar Institute of Medical Sciences towards the southern side of the petitioners' land in Survey No.124 mentioned above. At that point of time, the petitioners had sought certified copies of saguvali chit

¶47

5 - NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶48

HC-KAR

¶49

from the Revenue Department. Endorsement dated 06.10.2017 was issued from the Office of Tahsildar stating that the details of issuance of saguvali chit were not available in the Office, as the register was in a fragile condition.

¶50

It appears that the Government by the three orders had granted 30 guntas each in favour of Indian Red Cross Society and Chamrajanagar Institute of Medical Sciences. Another extent of 1 acre 20 guntha was also granted to the Chamrajanagar Institute of Medical Sciences vide Government order 13.04.2022. The petitioners have filed Original Suit in O.S.No.267/2022 against the Deputy Commissioner and other revenue authorities seeking mandatory injunction. It appears that the petitioners had also approached the Deputy Commissioner, requesting him to cancel and recall the Government Orders, whereby the land in Survey No.124 had been granted in favour of the

¶51

Red Cross Society and Chamarajanagar Institute of Medical Sciences. As the petitioners' request was not

¶52

6 -

¶53

NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶54

HC-KAR

¶55

acceded to by the Deputy Commissioner, the petitioners have filed W.P.No.25409/2022 (KLR-RES).

¶56

The learned Single Judge after examining the original record as produced by the learned AGA has held that Sri Siddegowda and Sri Doddajavaraiah had made applications in the year 1960 seeking grant of the said land in their favour. A decision was taken to grant the said land in their favour, however, the grantees were called upon to pay the kimath. Only Sri Doddajavaraiah paid the kimath and consequently saguvali chit was issued only to Sri Doddajavaraiah by the Official Memorandum bearing No.NDR 108/1960-61. It is recorded that Doddajavaraiah, S/o Veeraiah, R/o Shivapura was granted 4 acres in Survey No.124 of Yadapura Village, Kasaba Hobli, Chamarajanagar Taluk. At Sl.No.2, the name of Sri Siddegowda, S/o Kariyana Siddegowda, R/o Uttuvalli Village is mentioned, who was also granted 4 acres of land in Survey No.124. However, notices were issued on 04.09.1964 and 29.01.1965 calling upon the grantees to

¶57

7 - NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶58

HC-KAR

¶59

pay the kimath. Though Doddajavaraiah had paid the kimath and the Saguvali Chit was issued in his favour on 08.03.1965 and accordingly, an entry was also made in the Saguvali Chit Issue Register. However, insofar as Sri Siddegowda is concerned, on examination of the original Saguvali Chit Issue Register, it is noted that an illegal entry was subsequently made at the bottom of the page, as if Saguvali Chit had been issued to Sri Siddegowda on 07.06.1965. Though it is clear from the records that Sri Siddegowda did not pay the kimath and therefore, he was not entitled to Saguvali Chit and in fact, no Saguvali Chit was issued in his favour.

¶60

The learned Single Judge has also noted that formal orders of grant was issued in favour Sri Siddegowda and Sri Dodajavaraiaha. Nevertheless, no order of cancellation has been issued by the competent authority for cancelling the grant in respect Sri Siddegowda.

¶61

8 -

¶62

NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶63

HC-KAR

¶64

The learned Single Judge, having examined the original records produced by the learned AGA, has rejected the prayer of the petitioners for a direction to the Tahsildar to enter their names in the record of rights. The learned Single Judge has further observed that the original grant order was issued, but in absence of payment of kimath, the Saguvali Chit was not issued in favour Sri Siddegowda and the entry at the bottom of the Saguvalu Chit Issue Register that Saguvali Chit had been issued was an illegal entry. Mr. Siddegowda during his lifetime did not make any claim for issuance of Saguvali Chit. Sri Siddegowda passed away in the year 1980. Even

¶65

of

¶66

his son Rachegowda did not pay the kimath and get the Saguvali Chit issued in his name.

¶67

The learned Single Judge also considered the photographs produced by learned AGA showing that a large multi-storied building has been put up by Chamarajanagar Institute of Medical Sciences on 1 acre 20 guntas of land. Two more buildings have been put up in

¶68

9 -

¶69

NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶70

HC-KAR

¶71

other two portions of the granted lands and the remaining

¶72

extent is maintained for parking area.

¶73

The petitioners have not produced any Saguvali Chit in their favour and in fact, after issuance of the grant order, kimath was not paid by them in respect of the land in question and therefore, the grant was not confirmed in their favour.

¶74

Since the petitioners have already filed the civil suit for injunction, they should pursue their remedy to establish their title over the land. Our findings in respect of the grant is only tentative findings and that will not come in the way, while deciding the civil suit. The Trial Court has to decide the civil suit on the basis of the pleadings and the evidence adduced by the parties.

¶75

So far as the question of relief to the petitioners at this stage is concerned, in absence of their clear title over the land in question, the relief claimed by them cannot be

¶76

10 -

¶77

NC: 2026:KHC:6298-DB WA No. 772 of 2024

¶78

HC-KAR

¶79

granted and the learned Single Judge has rightly rejected

¶80

the writ petition.

¶81

We respectfully agree with the findings of the learned Single Judge, which are based on correct appreciation of the facts and the law, which do not require an interference by this Court. Therefore, we dismiss this writ appeal,

¶82

leaving it to open to the petitioners to agitate their claim

¶83

in the pending civil suit.

¶84