STATE OF KARNATAKA Vs. CREATIVE DEVELOPERS

JUDGEMENT

(1.) This writ appeal is filed by the State aggrieved by the order dtd. 7/9/2021 passed in W.P.No.44568/2018 (KLR-RR/SUR) filed by respondent herein in which while disposing of the said writ petition, this Court directed entry in the mutation register made as per M.R.No.4/2008-09 dtd. 8/8/2008 to be deleted and further directed the appellant No.4/respondent No.4 to make necessary entries showing the name of respondent/petitioner as Khathedar of the land.

(2.) The above writ petition was filed by the respondent/petitioner seeking declaration that the entry as per M.R.No.4/2008-09 shown in Annexure-D is without jurisdiction as the land having been converted in terms of order dtd. 31/12/2003 passed by appellant No2./respondent No.2; and to restore the entries as stood prior to entry in M.R.No.4/2008-09 showing the land having been converted, on the premise that by order dtd. 15/3/2012 passed by Deputy Commissioner, Bangalore Urban District in SC.ST.(A)179/2008-2009, wherein while dismissing the claim for restoration of the land in Sy.No.7/1 of Thubarahalli Village, Varthur Hobli, Bangalore East Taluk, it has been held that the said land is not a granted land and would not fall within the purview of Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands), Act 1978. In response it was contended on behalf of the State that in view of the order passed by the Assistant Commissioner, name of the Government would continue to exist in the revenue records until contrary is proved by the respondent/petitioner by producing necessary documents to be considered by the concerned Tahsildar.

(3.) At paragraph 4 of the impugned order, learned Single Judge has taken note of the fact that earlier the order dtd. 15/3/2012 passed by the Deputy Commissioner was made subject matter of challenge before this Court in W.P.No.16290/2012 which was dismissed by order dtd. 2/9/2016 confirming the order of the Deputy Commissioner. The said order was carried in appeal in W.A.Nos.4332-4333/2016 which was also dismissed by order dtd. 28/7/2017. Learned Single Judge has also taken note of the fact that in view of the above order of Deputy Commissioner having confirmed by this Court in writ petition and writ appeal, the order of the Assistant Commissioner inserting the name of the Government in the revenue records ought to have been rectified by removing the name of the Government as the owner of the land and inserting the name of respondent/petitioner as the owner thereof. Thus, having taken note of the factual aspect of the matter including the orders passed by this Court, learned Single Judge proceeded to dispose of the writ petition by granting the relief as noted herein above. Being aggrieved by the said order present appeal is filed.