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Mukund v/s The State of Karnataka, Rep. by its Secretary, Bengaluru & Others


Company & Directors' Information:- REP CORPORATION PRIVATE LIMITED [Strike Off] CIN = U26921TN2005PTC055138

    Writ Petition No. 103907 of 2018 (KLR/RR/SUR)

    Decided On, 11 September 2020

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MR. JUSTICE SURAJ GOVINDARAJ

    For the Petitioner: Jagadish Patil, Advocate. For the Respondents: V.S. Kalasurmath, HCGP.



Judgment Text


(Prayer: This Writ Petition is filed Under Articles 226 and 227 of the Constitution of India, praying to quash the endorsement dated 03/03/2018 issued by the Respondent No.2 vide Annexure-C.)

1. The petitioner is before this Court seeking for certiorari to quash the endorsement dated 03.03.2018 bearing No.KraRTC/ TidduPadi/ Vahi/ 16/ 2017-18 issued by the respondent No.2 vide Annexure-C.

2. The petition contends that the petitioner has purchased plot bearing No.65 and 66 (newly numbered as 63+67/6) from one Madhukar Naik through his General Power of Attorney holder Pandurang Laxmeshwar measuring approximately 240.50 sq.mts. through a registered sale deed dated 11.12.1987.

3. It is stated that in Survey No.3/1 of Gokul Village, six plots have been demarcated as per the plans approved by the Town Planning Authority and accordingly name of the original owner was deleted by substituting the same with the name of the purchasers.

4. The petitioner contended that plots earlier numbered as 63, 64, 65, 66 and 67 were subsequently renumbered as 63+67/1, 63+67/2, 63+67/3, 63+67/4, 63+67/5 and 63+67/6. Due to renumbering of plots, the petitioner has given representation dated 03.04.2014 to the respondent No.3, the Tahasildar and subsequently to respondent No.2, the Deputy Commissioner to delete the name of the original owner and mutate the name of petitioner in the revenue records. When the same was not done, the petitioner had approached this Court in W.P.No.108995/2016 for a mandamus directing the authorities to consider the representation submitted by the petitioner. This Court vide its order dated 21st August 2017 in the said writ petition, allowed the same and issued mandamus as prayed for.

5. The petitioner was therefore expecting the authorities to act on the said order of this Court and hence, wrote to the respondents on 22.09.2017 about the order of this Court and requested them to take necessary action. Respondent No.3, the Tahasildar in his report to respondent No.2, the Deputy Commissioner has stated about the plots having been renumbered, but has further stated that the said land having been acquired by the KIADB for the purpose of Airport. The name of the petitioner cannot be brought on record, since the acquisition is completed. It is further stated that since the plots do not bear the names of original owner, it was difficult for the authorities to mutate the name of the petitioner in the plots subsequently formed and there was further difficulty in terms of as to which plot, the name of the petitioner has to be mutated to.

6. Respondent No.2, the Deputy Commissioner, vide its communication dated 03.03.2018 addressed to respondent No.3, the Tahasildar has directed the Tahasildar to issue endorsement that the representation made by the petitioner cannot be considered on account of the acquisition by the KIADB for the Airport having been completed. It is aggrieved by such internal correspondence and apprehending that respondent No.3, the Tahasildar will not do the needful, the petitioner is before this Court.

7. Shri Jagadish Patil, learned counsel for the petitioner would submit that the plot No.63+67/6 is shown to be in the name of Airport Authority of India subsequent to acquisition having been completed. The same is neither in the name of original owner nor has the authority mutated the same in the name of the petitioner. He further submits that on account of internal communication dated 03.03.2018, respondent No.3, the Tahasildar has not taken any action and is unlikely to take any action. Therefore, the internal communication being contrary to applicable law inasmuch as no authority could refuse the mutation of the revenue entry in the name of the purchaser, who has purchased the property under registered sale deed, is before this Court seeking for quashing of the said internal communication.

8. Per contra, Shri V.S. Kalasurmath, learned HCGP for the respondents would submit that what is challenged by the petitioner is only internal communication, such internal communication would not be a cause of action to seek for a certiorari. The internal communication is not an order by itself, the petitioner would have to wait for consideration of his representation by the Tahasildar. On this basis, he submits that the petition is premature and ought to be dismissed.

9. Heard Shri Jagadish Patil, learned counsel for the petitioner and Shri V.S. Kalasurmath, learned HCGP for the respondents. Perused the papers.

10. It is not in dispute that one Madhukar Naik owned five plots in Sy.No.3/1 of Gokul village and it is also not in dispute that the said Madhukar Naik through his GPA Holder Pandurang Bhimrao Laxmeshwar sold six plots to various parties.

11. It is also not in dispute that the petitioner has purchased the plots bearing Nos.65 & 66 in the said survey number. The petitioner has produced a P.T.Sheet indicating that new plot numbers 63+67/6 having been allotted to those lands purchased by him. It is for the authorities to have considered these documents and caused necessary mutation in the revenue records by including the name of the petitioner as regards the property purchased by him. Instead of so doing, the petitioner has been made to run from pillar to post seeking for such mutation and in the meanwhile is neither able to use the land nor claim compensation in the event of the acquisition proceedings being completed for the establishment of

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the airport. In view of the same considering that the records are clear of plot Nos.65 & 66 now having been numbered as 63+67/6. 12. The endorsement dated 03.03.2018 bearing No.Kra.RTC/Tiddupadi/ Vahi-16/2017-18 issued by respondent No.3 vide Annexure-C is quashed. The respondents are directed to consider the documents and make necessary entry of the name of the petitioner as regards plot bearing No.63+67/6 in accordance with law. The petition is accordingly allowed. 13. In view of the above, the pending I.A.No.1/2020 is allowed and I.A.No.2/2020 does not survive for consideration.
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