RAMAKRISHNA M. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This is an unfortunate case, where the Deputy Commissioner has initiated the proceedings under the provisions of Section 136(3) of the Karnataka Land Revenue Act, 1964 ('the Act' for short) after lapse of more than 48 years. The petitioner has filed the present writ petition to quash the impugned order dated 1.4.2011 made in RRT(2)(NA) CR 501/2009-10 by the 2nd respondent Special Deputy Commissioner.

(2.) It is the case of the petitioner that Rule-41 to 43M of the Mysore Land Revenue Code, 1888 got substituted by Notification No.RD 4 LAD 1960 dated 19.5.1960 and the 'political sufferer' also got included in the category of persons entitled for grant of land by the Government. Accordingly, after considering the material on record, the Assistant Commissioner granted 6 acres of land in Sy.no.1 of Arebinnamangala village, Jala Hobli, Bangalore North taluk (formerly Devanahalli taluk) to one Sri M. Ramamurthy, who was political sufferer vide Grant Order No.LND.SR/1-551/1960-61 dated 14.11.1962. Totally, 16 persons were granted 6 acres of land each in the said Sy.No.1. All the revenue records were entered in the name of the said Ramamurthy. After the death of said Ramamurthy, his wife Kamalamma succeeded to his estate and her name entered in the revenue records. Thereafter, Smt. Kamalamma w/o Ramamurthy sold 3 acres of land to Mr. Purushotham and remaining 3 acres of land in favour of Smt. Yashodamma under two registered sale deeds dated 23.2.1983. The said Purushotham and Yashodamma, in turn sold their respective 3 acres of land in favour of Muniswamigowda, the father of the present petitioner under the two registered sale deeds dated 17.3.1989 for valuable consideration. During the life time of said Muniswamigowda, he applied for conversion of 4 acres of land into non-agricultural/industrial purposes. Accordingly, the Deputy Commissioner exercising the powers under the provisions of Section 95 of the Act, has converted 4 acres of land in Sy.No.1 for nonagricultural/ industrial purposes by Office Memorandum dated 25.11.1989 as per Annexure 'P'. Subsequently, the said Muniswamigowda sold 4 acres of land to one Lt. Col. A. Gopalan under the registered sale deed dated 6.12.1989.

(3.) It is further case of the petitioner that the said Lt. Col. A. Gopalan (Retd.) availed loan from the Karnataka State Financial Corporation ('KSFC' for short) to set up an industry. Lt. Col. A. Gopalan defaulted in paying loan amount and therefore, KSFC took over 4 acres of land and sold it to one Sharadamma under the registered sale deed dated 17.3.2004. Thereafter, Sharadamma sold the said property to Y. Balaraju under the registered sale deed dated 27.12.2004.