NAGAMMA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners herein are impugning the Endorsement dated 10.11.2009 issued in proceedings No.R.R.T.CR/167/2008-09 vide Annexure-K. Simultaneously, they are also seeking writ of mandamus to direct respondent No.2 to enter the names of the petitioners in Revenue Records in so far as it relates to Sy.No.24 measuring to an extent of 9 acres 18 guntas (inclusive of 16 guntas of karab) situated at Bandahalli village, Mandikal Hobli, Chikkaballapura Taluk.

(2.) When this writ petition had come up for consideration at preliminary stage, this Court had directed learned AGA to secure original records to demonstrate as to why the land bearing Sy.No.24 measuring to an extent of 9 acres 18 guntas could not be considered for registering revenue records in the name of the petitioners in spite of there being an order in W.P.Nos.3037- 39/2009(KLR).

(3.) In response to that, learned AGA initially would produce several documents including the village Map to show that the land bearing Sy.No.24 of Bandahalli village, Mandikal Hobli, Chikkaballapura Taluk, is declared as Haristhala Forest Block way back on 12.06.1937 vide Notification G.O.No.9943-6-Ft.252-3G-2, dated 12.06.1937. He would also keep Sri Vikram, Range Forest Officer and as well as Sri Narasimhamurthy, Tahsildar of Chikkaballapur District before this Court. They would produce the entire original records available with them before this Court. When the original records namely the order sheet in Darakast No.A.D.R.123/46-47 dated 25.04.1947 is looked into a decision was taken for auction of certain lands in Bandahalli village, Mandikal Hobli, Chikkaballapura Taluk where the Darkasthdar name was Muniyappa before which Chika is wrongly inserted and in the said file the particulars of the land which was sought to be auctioned is Sy.No.186 measuring 9 acres 18 guntas wherein Col.No.4 Sy.No.186 was there earlier, is erased and Sy.No.24 is inserted. However, in the bottom of the page when the shara of the Officer who conducted sale is looked into, it would indicate that the proceedings held by Revenue Officer for sale of Sy.No.128 is confirmed. This would clearly indicate that, according to the original records what was the subject matter of darakast right in purchasing the land in auction is land bearing Sy.No.186 and it is not the land bearing Sy.No.24 of Bandahalli village, Mandikal Hobli, Chikkaballapura Taluk as claimed by petitioners.