ST. MICHAELS HOME/CONVENT (R), SISTERS OF THE GOOD SHEPHERD Vs. STATE OF KARNATAKA, DEPT. OF REVENUE DEVELOPMENT

JUDGEMENT

(1.) Parties in these two writ petitions are common. Questions that arise for consideration are also common. Therefore, both these writ petitions are heard together and are disposed of by this common order.

(2.) W.P. Nos. 29351-29352/2017 are filed by petitioner which is a Christian Charitable Association established during the period 1919-20 challenging the order dated 08.05.2009 passed by respondent No. 2, under which an area measuring 8,382.66 sq. mtrs. is transferred in favour of Bengaluru Metro Rail Corporation Limited (for short, 'BMRCL') which is arrayed as respondent No. 7. Further the petitioner has sought for a writ of mandamus directing respondent No. 6 - Tahsildar, Bengaluru East Taluk to enter the name of petitioner-Association in the RTC in respect of land measuring 4 acres 23 guntas in Sy.No. 9 (Old Sy.No. 3) and land measuring 6 acres 8 guntas in Sy.No. 10 (Old Sy.No. 2) situated at Binnamangala, Manavarthekaval Village, K.R. Puram Hobli, Bangalore East Taluk (CTS No. 790). The petitioner has also sought for a writ of mandamus directing respondent No. 8 - Special Land Acquisition Officer, Metro Rail Corporation Limited to acquire and pay compensation in respect of land which is transferred in favour of respondent No.7.

(3.) W.P. No. 4677/2017 is filed by the State of Karnataka represented by the Department of Health and Family Welfare, through Senior Specialist, C.V. Raman General Hospital, Indiranagar, Bengaluru, challenging the order dated 23.09.2016 passed by the Assistant Commissioner, Bengaluru North Sub-Division, thereby allowing the appeal filed by respondent no. 4 therein - St. Michael's Convent Home under Section 136(2) of the Karnataka Land Revenue Act, 1964. As per the said order, the Assistant Commissioner has set aside the mutation effected in the name of T.B. Hospital as regards land bearing Sy. Nos. 120 and 121 of Binnamangala village, Kasaba Hobli, Bengaluru North Taluk, and has ordered for mutating the said lands in the name of respondent no. 4 - St. Michael's Convent Home as per the registered sale deeds dated 08.08.1920 and 11.09.1920. The Assistant Commissioner has further issued directions to the Special Tahsildar, Bengaluru North Taluk, to carry out necessary entries in the revenue records such as RTC, etc. Order passed by the Assistant Commissioner discloses that Sy. No. 120 measuring 2 acres 2 guntas and Sy. No. 121 measuring 7 acres 2 guntas were private hiduvali lands; the same were purchased by St. Michaels Convent Home under registered sale deeds dated 08.08.1920 and 11.09.1920, respectively from their owners/khathedars; thus, the institution acquired absolute right, title and interest over the said lands. However, these lands were mutated in the name of T.B.Hospital as though they had been acquired for their purpose. The reason for effecting such an entry in the revenue records was traced to a Government Order dated 26.06.1941 issued by the erstwhile Maharaja of Mysuru, whereunder land measuring 10 acres 31 guntas i.e., 4 acres and 23 guntas in Sy. No. 3 and 6 acres 8 guntas in Sy. No. 2 situated to the South of Bengaluru-Madras Road abutting the village boundary of Khayam Gutta Binnamangala village, Civil and Military Station, K.P. Puram Hobli, Bengaluru North Taluk, thereby assigning the said lands for the purpose of T.B.Sanatorium. The Assistant Commissioner has further found that old Sy. No. 3 was assigned new Sy. No. 9 and old Sy. No. 2 was assigned new Sy. No. 10 as was evident from the survey sketch and both of them were adjacent to the lands in Sy. Nos. 120 and 121 belonging to respondent no. 4 - St. Michael's Convent Home. The Assistant Commissioner has recorded a specific finding that by mistake the khatha of the lands in Sy. Nos. 120 and 121 were also mutated in the name of T.B. Hospital. He has also recorded a finding that the said lands had not been acquired as reported by the Land Acquisition Officer, Bengaluru, vide his letter dated 18.08.2016. Similarly, Bengaluru Development Authority vide its letter dated 15.09.2016 had reported that the said lands were not the subject matter of acquisition in favour of CITB or BDA. Hence, the Assistant Commissioner has come to the conclusion that the entries effected in the name of T.B.Hospital in respect of the khatha of lands in Sy. Nos. 120 and 121 were illegal and the same were to be corrected by effecting entries based on the registered sale deeds in favour of respondent no. 4 - St. Michael's Convent Home. Against this order passed by the Assistant Commissioner, the Tahsildar has filed a Revision Petition in R.P. No. 306/2016-17. Alleging that the Deputy Commissioner failed to grant an interim order and the matter was getting adjourned because the Deputy Commissioner was not holding sittings, the State Government has filed this writ petition.