PRASAD R. DESHPANDE Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners before this Court in W.P.No.23757/2022, seek the following prayer:

(2.) Heard Sri K.Shashikiran Shetty, learned senior counsel appearing for the petitioners and Smt. Shwetha Krishnappa, learned Additional Government Advocate for respondents.

(3.) Brief facts that lead the petitioners to this Court in the subject petition, as borne out from the pleadings, are as follows:- The petitioners claim to be the owners of property bearing Sy.No.1B Block 34, 36 and 37 measuring 2 acres 10 guntas situate in Jakkur Plantation Village, Yelahanka Hobli, Bengaluru North Taluk. The petitioners come in possession of the said land pursuant to two deeds of gift executed in their favour - one on 16/8/2017 and the other on 21/3/2018. Just before execution of aforesaid deeds of gift, the 2nd respondent addresses a communication to the Tahsildar, Bengaluru North seeking mutation of revenue records of the aforesaid lands along with other lands in favour of the Forest Department. This comes to be rejected by the Tahsildar by issuing an endorsement dtd. 16/6/2015, expressing his inability in terms of the Rules to carry out such change of entries in the mutation register. The 2nd respondent aggrieved by the said endorsement issued by the Tahsildar preferred an appeal before the Assistant Commissioner under Sec. 136(2) of the Karnataka Land Revenue Act, 1964 and seeks a direction as was sought before the Tahsildar. The Assistant Commissioner while considering the appeal so filed by the Forest Department, seeks a report from the Tahsildar by conduct of an inquiry as to whether the land bearing Sy.Nos.1 to 4 of Jakkur Plantation is a forest land. The Tahsildar on receiving directions from the Assistant Commissioner conducts an enquiry, peruses records and submits his report on 17/12/2015 opining that the lands belong to the Revenue Department, they had been granted to various individuals by Government and the Forest Department had no right or claim over the said lands. On perusal of the said report, certain contemporaneous proceedings were initiated by the Deputy Commissioner, Bangalore Rural District as to whether the lands were revenue lands or forest lands. The same report that was submitted to the Assistant Commissioner was placed before the Deputy Commissioner and all the authorities opined that the lands belong to the Revenue Department and were granted to several persons long ago.