D S RAJARAO Vs. TAHSILDAR

JUDGEMENT

(1.) Petitioner herein is impugning the endorsement dated 26.2.2010 passed by the 1st respondent - Tahsildar, Doddaballapur, in No.RRT.CR.No.475/2009-10 vide Annexure-F, which is confirmed by the 2nd respondent - Assistant Commissioner by order dated 11.2.2014 in proceedings bearing No.RA.(DE):51/2010-11 vide Annexure - G and also by the 3rd respondent - Deputy Commissioner by order dated 20.5.2017 in RP.No.45/2014- 15 vide Annexure-H.

(2.) Brief facts leading to this writ petition are as under: Petitioner herein is member of the joint family which was owning several items of lands in Chikkasanne village, Devanahalli Taluk, Bengaluru Rural District. Admittedly, the property in question is land bearing Sy.No.6 of Chikkasanne village, measuring to an extent of 1 acre 25 guntas, which is referred to as Government Hakkudari Thopu thereby indicating that the said land was granted to the family of the petitioner to grow trees in the said land and to utilize the usufructs there from for their use. The petitioner would state that the original order under which the right to hold Hakkudari Thopu is not available with him. However, when the partition took place in the larger family of the petitioner, right to enjoy Hakkudari Thopu is given to the share of petitioner's father in the Partition Deed which is registered in the office of the jurisdictional Sub Registrar on 5.7.1951. With this it is clearly seen that the right of the family of petitioner's in holding the said land is there for several decades. After Kethwari records being discontinued and Index of Land and Records of Right were introduced, Sy.No.6 is registered in Index of Land as Sarkari Hakkudari Thopu with the petitioner's name as the person in possession and enjoyment of the same thereby clearly indicating that the said land is Government land on which there exists plantation, which is in possession and enjoyment of the petitioner's ancestors.

(3.) When matter stood thus, it is stated that the petitioner approached the Tahsildar prior to 2005 seeking removal of the word 'Sarkari Hakkudari Topu' from RTC. Since there was no action on the part of the Tahsildar, he approached the Assistant Commissioner of Doddaballapur in RRT.No.15/2005-06 seeking removal of the said word, which is rejected by him by order dated 26.1.2005. The said order of rejection was subject matter of revision before the Deputy Commissioner Revision Petition No.134/2005-06 which initially came to be allowed thereafter, retraced by the very same authority under Section 136(3) of the Act. Against the said order the petitioner was before this Court in WP.No.2321/2007, wherein the Coordinate Bench of this Court in its order dated 22.2.2007 observed that the Tahsildar shall conduct an enquiry and thereafter, to pass appropriate orders in aforesaid RRT proceedings.