K.V.PRASAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners filed the present writ petition to quash Annexure ? A dated 11.10.2019 and Annexure ? B dated 12.10.2019 issued by the respondent No.3-Inspector General of Registration and Stamps directing all the Sub Registrars in the State not to register the sale deeds in respect of land bearing Sy.Nos.47, 48 and 49/6, (New Sy.Nos.109, 110, 111, 112 and 113) situated at Mulluru Village, Varthur Hobli, Bengaluru East Taluk.

(2.) It is the case of the petitioners that the land bearing Sy.Nos.47, 48 and 49/6 which were government gomal lands have been granted to the petitioners' predecessors under valid grants and duly delivered possession. According to the petitioners, on 05.07.1962 the grantees i.e., Sathyanaryanasharma, Sri.Keshavamurthy and Sri.Nanjundappa were permitted to cultivate the land. On 19.09.1962, the Assistant Commissioner granted four acres each in favour of the grantees as per Annexure ? D. On the basis of the said grant, on 17.01.1963, the Tahisldar issued Grant Certificate in favour of Sri.Sathyanaryana Sharma, Sri.Keshavamurthy and Sri.Nanjundappa as per Annexures ? G, H and J, respectively. Thereafter, revenue entries were made in the name of the original grantees. On 11.04.1978, the Deputy Commissioner issued conversion order as per Annexure ? T and subsequently other lands also. The conversion order passed by the Deputy Commissioner in respect of the lands in question has reached finality. The grantees filed writ petitions before this Court in W.P.Nos.22024-26/2016 with regard to durasthi and phodi which came to be allowed on 22.07.2010 as per Annexure - V. This Court directed the respondents to consider the petitioners' representation at the earliest and pass appropriate orders within a period of three months, from the date of receipt of certified copy of the said order.

(3.) Thereafter, the Deputy Commissioner, exercising powers under the provisions of Section 136(3) of the Karnataka Land Revenue Act, 1964, by the Order dated 05.02.2011, cancelled the grant and forfeited the lands into the State Government. That was subject matter of writ petition before this Court in W.P.Nos.13361-63/2011. This Court, by the Order dated 22.08.2013, quashed the Order dated 05.02.2011 passed by the Deputy Commissioner and allowed the writ petitions. At paragraphs 12 to 15 it is held as under: