N.G. CHANDRA REDDY AND OTHERS Vs. STATE OF KARNATAKA REPRESENTED BY THE CHIEF SECRETARY, REPRESENTED BY THE SECRETARY TO REVENUE DEPARTMENT, THE SPECIAL DEPUTY COMMISSIONER AND THE ASSISTANT COMMISSIONER

JUDGEMENT

(1.) IN this writ petition under Articles 226 and 227 of the Constitution of India, the petitioners have called in question, the order dated 4.5.2009, passed by the 3rd respondent vide Annexure -R and the order dated 29.8.2008, passed by the 4th respondent vide Annexure -Q. By the impugned order at Annexure -Q, the 4th respondent has submitted the records to the Deputy Commissioner for further action holding that the land bearing Sy. No. 17 of Chinnappanahalli village was a tank. In case No. 146/71 -72, the Special Deputy Commissioner for Inam Abolition, Bangalore, has granted land in favour of N.C. Gurumurthy Reddy. Thereafter, the 3rd respondent by order dated 4.5.2009 vide Annexure -R has held that the entries made in respect of the land bearing Sy. No. 17 measuring 11 acres 10 guntas situated at Chinnappanahalli village in the names of the petitioners and their ancestors are illegal. Consequently, the Tahsildar is directed to take necessary action to delete the names of the petitioners and their ancestors and to enter in the revenue records as 'Government - Tank bed'. Aggrieved by that, the petitioners have filed this petition.

(2.) THE petitioners claim that petitioners 1 to 6 are the LRs of late Sri. N.C. Gurumurthy Reddy. Petitioners 7(a) and 7(b) are the LRs of late N.C. Srinivasa Reddy. Petitioners 8(a) to 8(c) are the LRs of late N.C. Munireddy. Petitioners 9(a) and (b) are the LRs of late N.C. Papaiah Reddy. The property bearing Sy. No. 17, measuring 11 acres 10 guntas, situated at Chinnappanahalli village originally belonged to Sri. Hoodi Chikkamuniswamy Reddy. The children of Sri. Hoodi Chikkamuniswamy Reddy executed sale deeds in favour of late Sri N C Gurumurthy Reddy in the year 1972 in respect of Sy. No. 17 as per Annexures -A to G. Initially Sy. No. 17 had no independent Achukat, though the tank was constructed by Chikkamuniswamy Reddy as he was in possession. The survey records and the mahazar clearly indicate that Sy. No. 17 did not belong to the State Government. It was in possession and enjoyment of Chikkamuniswamy Reddy. There is no notification declaring Sy. No. 17 as tank belonging to the Government. The sale deeds in favour of N.C. Gurumurthy Reddy have not been challenged. It is stated, Sri. H.M. Veerappa Reddy and his brother who are the children of Chikkamuniswamy Reddy filed application for grant of occupancy rights. It was rejected by the Special Deputy Commissioner on 9.4.1963. When the entire village was declared as inam, the private lakes and other tanks constructed by the private parties are entitled for regrant. The order rejecting the application in respect of Sy. No. 17 was challenged in Appeal No. 1303/1963. The Appellate Tribunal by its order dated 10/12.6.1963 has ordered to register the appellant who is the son of Chikkamuniswamy Reddy as occupant in respect of Sy. No. 17 and two other survey numbers as per Annexure -H. Subsequently, the appeal filed in respect of Sy. No. 17 was again subject matter of challenge before the Appellate Tribunal in Appeal Nos. 1602/63 and other connected appeals. The Appellate Tribunal by its order dated 10.9.1965 remitted the matter to the Special Deputy Commissioner as per Annexure -J. The Appellate Tribunal has held that Sy. No. 17 did not belong to the Government. It belonged to Sri. Chikkamuniswamy Reddy. He had constructed the tank. There was no notification except showing it as a Tank Bed in the year 2000 -01 by the Assistant Director of Land Records. At no point of time, the land was declared as a tank belonging to the Government. The initial survey settlement conducted in the year 1957 -58 shows that the land did not belong to the Government. The Appellate Tribunal has also recorded a finding that the land is not a government land.

(3.) IT is stated, the Tahsildar reported the matter through letter dated 16.12.2000 that the land was in cultivation of the petitioners and though the pahanies were entered in respect of Sy. No. 17 as Government land. Thereafter, on 8.12.2000, a spot inspection has been conducted. It reveals that coconut, sapota and mango trees were grown in Sy. No. 17. The Deputy Commissioner by order dated 3.11.2006 referred the matter to the Assistant Commissioner to examine the records as per Annexure 'P'. Thereafter, the Assistant Commissioner has submitted his report stating that the land has been regranted but it is a Government Tank. The Assistant Commissioner has clearly recorded a finding that N.C. Gurumurthy Reddy, the petitioners' ancestor was cultivating the land and the land was regranted. But, the revenue records show that it is a government land. Based on that, the Deputy Commissioner has passed an order dated 4.5.2009 stating that the names of the petitioners and their ancestors be deleted from the revenue records and in the revenue records it may be entered as 'Government -Tank bed'. Aggrieved by that, the petitioners have filed this writ petition.