- 1 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5070 OF 2022 (KLR-RES) C/W WRIT PETITION NO. 25116 OF 2023 (KLR-RES) IN WP No. 5070/2022 BETWEEN: 1. SMT. SHANTHAMMA W/O VENKATARAMA .S AGED ABOUT 63 YEARS R/AT CHAGALATTI VILLAGE JALA HOBLI, YELAHANKA TQ BENGALURU-562 419. …PETITIONER (BY SRI. ANANDARAMA, ADVOCATE FOR SRI. PRASHANTH KUMAR .D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE-560 001. REP. BY ITS PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT K G ROAD, BANGALORE-560 009. 3. THE TAHSILDAR YELAHANKA TALUK YELAHANKA, BANGALORE-560 063. Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 4. RAJIV GANDHI HOUSING CORPORATION LIMITED CAUVERY BHAVAN, 9TH FLOOR C & F BLOCK, K G ROAD BANGALORE-560 009. REP. BY ITS MANAGING DIRECTOR …RESPONDENTS (BY SRI. MANJUNATH .K, HCGP FOR R1 TO R3; SMT. SHILPA RANI, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.12.2021 WITH RESPECT TO SERIAL NO.3 MENTIONED AS PART 1 REGARDING SY.NO.80 MEASURING 3 ACRES 20 GUNTAS OF LAND IN BAIYAPPANA VILLAGE, JALA HOBLI, YELAHANKA TALUK VIDE ANNEXURE-A AND ETC. IN WP NO. 25116/2023 BETWEEN: 1. SMT. SHANTHAMMA W/O. VENKATARAMA. S AGED ABOUT 64 YEARS RESIDING AT CHAGALATTI VILLAGE JALA HOBLI, YELAHANKA TALUK BENGALURU-562 149. ...PETITIONER (BY SRI. ANANDARAMA, ADVOCATE FOR SRI. PRASHANTH KUMAR .D, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, DR. AMBEDKAR VEEDHI BANGALORE-560 001. REPRESENTED BY ITS PRINCIPAL SECRETARY. 2. THE SPECIAL DISTRICT COMMISSIONER BANGALORE NORTH DIVISION - 3 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 BANGALORE-560 009. 3. THE TAHSILDAR YELAHANKA TALUK YELAHANKA, BANGALORE-560 063. ...RESPONDENTS (BY SRI. MANJUNATH .K, HCGP) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS IN CASE NO. RRT(2)(NA)CR/21/22-23, ON THE FILE OF THE SPECIAL DISTRICT COMMISSIONER, BANGALORE NORTH DIVISION, R-2 AND QUASH THE PROCEEDINGS INITIATED PURSUANT TO NOTICE NO. RRT(2)(NA)CR/21/22-23, DATED 28/12/2022 (ANNEXURE-A), PASSED BY THE SPECIAL DISTRICT COMMISSIONER, BANGALORE NORTH DIVISION (R2 HEREIN). THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER W.P.No.5070/2022 is filed assailing the order dated 17.12.2021 of respondent No.2/Deputy Commissioner wherein the Deputy Commissioner has resolved to allot 3.20 acres out of 4 acres of land in Survey No.80 to Respondent No.4/Rajiv Gandhi Housing Corporation Limited (RGHCL), contrary to the grant made in favour of the petitioner which is of the year 1981. Further, the consequent order indicating that possession is handed - 4 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 over to respondent No.4/RGHCL is also assailed by the petitioner. 2. In the connected writ petition No. 25116/2023, the petitioner is assailing the initiation of an enquiry under Section 136(3) of the Karnataka Land Revenue Act, 1964 ( for short "KLR Act, 1964") by respondent No.2/Special Deputy Commissioner. 3. The facts leading to the cases are as under: The subject-matter of these two petitions is an agricultural land totally measuring 4 acres of Byappanahalli Village, Jala Hobli, Yalahanka Taluk. Petitioner is tracing title based on grant order dated 20.10.1981 to an extent of 4 acres in Survey No.80. Petitioner asserts that subsequent to grant, petitioner's name was mutated to the RTC pertaining to the petition land under MR.No.12/81-82. Petitioner therefore asserts title and exclusive possession and cultivation over the petition land to an extent of 4 acres in Survey No.80. - 5 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 4. Petitioner asserts that though his name was reflected in RTC till 1992-93, later the petitioner's name was discontinued and this prompted the petitioner to tender a detailed representation to respondent No.3/Tahsildar. Since there was inaction, petitioner knocked the doors of this Court by filing a writ petition in W.P. No.10427/2021. This Court allowed the writ petition and issued a direction. Since the directions were not complied/obeyed by the Tahsildar, petitioner was compelled to initiate contempt proceedings in CCC.No.235/2022. While pending contempt proceedings, respondent/authorities produced the impugned orders. Therefore, petitioner assailing these orders has filed W.P.No.5070/2022. 5. However, pending consideration of this petition, respondent No.2/Special Deputy Commissioner has initiated an enquiry under Section 136(3) of the KLR Act, 1964 to examine the genuineness of the grant set up by the petitioner in the connected writ petition. - 6 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 6. This Court, having heard the learned counsel for the petitioner, learned counsel appearing for respondent No.4/RGHCL and learned HCGP for State, deems fit to deal first with the prayer sought in W.P.No.25116/2023. 7. Petitioner in this petition is questioning the enquiry initiated by respondent No.2/Special Deputy Commissioner. The enquiry notice dated 28.12.2022 is under challenge. Though ordinarily this Court would not have interfered with the enquiry contemplated by respondent No.2/Special Deputy Commissioner, however, having regard to the peculiar facts of the case, this Court is called upon to examine as to whether the revenue authorities have initiated an enquiry under Section 136(3) only to counter the petitioner's claim in the connected W.P.No.5070/2022. Before this Court delves into the action undertaken by respondent No.2/Special Deputy Commissioner under Section 136(3) of the KLR Act, 1964, two crucial documents needs to be taken note of. Firstly, - 7 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 the endorsement dated 7.3.2022. This Court deems it fit to cull out the same which reads as under: " -: ಂಬರಹ :- ಷಯ: ಯಲಹಂಕ ಾಲೂಕು, ಾಲ ೋಬ, ೈಯಪನಹ ಾಮದ ಸ ೆ! ನಂ.80 ರ" 4-00 ಎಕ$ೆ ಜ&ೕನನು' $ಾ(ೊ)ೕಾ*ನ +ಾ,ಸಂ-ೆ. ಮತು* ಇತ$ೆ ಸಂ-ೆ.ಗೆ ಮಂಜೂ$ಾ2 3ಾಡು2*ರುವ6ದರ ರುದ7 ತಕ$ಾರು ಸ"8ರುವ ಬೆ9. ಉ;ೇಖ:1) ಘನ ಕ>ಾ!ಟಕ ಉಚA >ಾ,Bಾಲಯದ CD ಅF! ಸಂGೆ,:10427/2021 (HೆಎIಆK-ಆKಇಎL), M>ಾಂಕ: 05/07/2021. 2) NಮO ಮನ M>ಾಂಕ:01-04-2021 QೕಲRಂಡ ಷಯHೆR ಸಂಬಂS8ದಂೆ, Tೕಮ2 UಾಂತಮO Hೋಂ ೆಂಕಟ$ಾಮು .ಎL. ಆದ Nೕವ6 ಈ ಕWೇCೆ ಮನ ಸ"8, ಯಲಹಂಕ ಾಲೂಕು, ಾಲ ೋಬ, ೈಯಪನಹ ಾಮದ ಸ ೆ! ನಂ.80 ರ" 4-00 ಜ&ೕNನ" 4 ಜನರು 1980 ರ ಂMNಂದಲೂ ಉಳYQ 3ಾZHೊಂಡು ಬರು2*ದು[, ಮಂಜೂ$ಾ2ಾ\ ತಹTೕ;ಾ[K ರವCೆ ಅF! ಸ"8ದು[, ಪಕರಣ ಸಂGೆ,:^ZಎL/ಎIಎ_Z/ಎLಆK/102/81-82 ಮತು* ಎIಎ_Z/ಎL ಆK/219/1984-85 ರಂೆ ಅF!+ಾರರ ೆಸCೆ 4-00 ಎಕ$ೆ ಮತು* ಉHೆ 4 ಜನರ ೆಸರುಗೆ ೇ$ೆ ೇ$ೆ 8*ೕಣ!ವನು' ಮಂಜೂರು 3ಾZರುಾ*$ೆಂದು, ಮಂಜೂ$ಾ2 ಆ+ೇಶದಂೆ ಅF!+ಾರರ ೆಸCೆ ಆK.ಆK.712 ಮತು* ಎಂ.ಆK.12/1981-82 ರಂೆ Gಾೆ ಸಾ +ಾಖಲು 3ಾZದು[, Hೈಬರಹ ಪಹaಗಳ" ನಮೂMರುತ*+ೆ. ಸದC ಜ&ೕನನು' $ಾ(ೊ)ೕಾ*ನ +ಾ,ಸಂ-ೆ. ಮತು* ಇತ$ೆ ಸಂ-ೆ.ಗೆ ಮಂಜೂ$ಾ2 3ಾಡು2*ರುವ6ದರ ರುದ7 ತಕ$ಾರು ಅF! ಸ"8ದು[, ಸದC ಅF!ಯ ಬೆ9 ಕಮವ8ರುವ6Mಲ ೆಂದು ಘನ ಕ>ಾ!ಟಕ ಉಚA >ಾ,Bಾಲಯದ CD ಅF! ಸಂGೆ,:10427/2021 (HೆಎIಆK-ಆKಇಎL) ರಂೆ +ಾ ೆ +ಾಖ"8ದು[, ಘನ >ಾ,Bಾಲಯದ ಆ+ೇಶ M>ಾಂಕ: 05/07/2021 ರ" CD - 8 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 ಅF!+ಾರರು ಸ"8ರುವ ಮನ ಬೆ9 ರವCೆ 08 ಾರಗbೆcಳಾ\ 2>ೇ ಪ2 ಾMBಾದ ತಹTೕ;ಾ[K ರವCೆ ಕಮವಸುವಂೆ ಆ+ೇTಸ;ಾ\ರುತ*+ೆ. NಮO ಮನಯ ಬೆ9 ಪCTೕ"ಸ;ಾ\, ಾಲ ೋಬ, ೈಯಪನಹ ಾಮದ ಸ ೆ! ನಂ.80 ಮೂಲತಃ ಸHಾ!C ೋ3ಾಳದ ಜ&ೕ>ಾ\ದು[, ಸದC ಜ&ೕNನ" Tೕಮ2 UಾಂತಮO ಮತು* ಇತ$ೆ 03 ಜನCೆ ಮಂಜೂ$ಾದ ಬೆ9 ಅSಕೃತ fಾಪನ ಆ+ೇಶ ಮತು* ಇN'ತ$ೆ +ಾಖ;ಾ2ಗಳY ಲಭ,ರುತ*+ೆ. ಆದ$ೆ ಸದC ಕಡತದ" ನiೆ8ರುವ ಮಹಜKನಂೆ ಸದC ಜ&ೕNನ" Nೕವ6 -ಾjSೕನದ"ರುವ6Mಲ ೆಂದು ಮತು* ಾಮದ" ಾಸರುವ6Mಲ ೆಂದು 2ದು ಬಂMದು[, Nೕವ6 ಈ ಕWೇCೆ ಸ"8ರುವ ಮನಯ" ಾವ6 -ಾjSೕನದ"ರುವ6ದCಂದ $ಾ(ೊ)ೕಾ.ನ +ಾ,ಸಂ-ೆ. ಮತು* ಇತ$ೆ ಸಂ-ೆ.ಗೆ ಮಂಜೂರು 3ಾಡಾರ+ೆಂದು HೋCರು2*ೕC. ಸದC ಜ&ೕನನು' ಸHಾ!ರMಂದ $ಾ(ೊ)ೕಾ.ನ ಮತು* ಇತ$ೆ ಸಂ-ೆ.ಗೆ ಮಂಜೂರು 3ಾZರುವ6Mಲ. ಈ ಜ&ೕನನು' Bಾರು ಉಳYQ 3ಾಡದ Hಾರಣ Hೆಲವರು ಅನSಕೃತ ಒತು*ವC 3ಾZರುವ6ದನು' ೆರವ6ೊ8, -ಾವ!ಜNಕ ಉ+ೆ[ೕಶHಾR\ 3ಾನ, F;ಾSHಾCಗಳ ಆ+ೇಶ ಸಂGೆ,:ಎIಎ_ Z/F/8ಆK/72/2017-18 ರಂೆ ವಸ2 ೕನ ರತCೆ ಆಶಯ lೕಜ>ೆಯZ ಮ>ೆಗಳನು' N&!8Hೊಡಲು ಸHಾ!ರದ ಅಂಗ ಸಂ-ೆ.Bಾದ $ಾFೕm ಾಂS ವಸ2 NಗಮHೆR ಮಂಜೂರು 3ಾಡ;ಾ\+ೆ ಎಂದು ಈ ಮೂಲಕ 2ಯಪZ8+ೆ." 8. This Court deems it necessary to take into consideration the order passed by the Special Deputy Commissioner in RRT(2)(NA)CR/100/2008-09, which was an enquiry initiated against one A.S. Mani. Notably, Mani was similarly placed as the petitioner, having been granted a portion of the land in Survey No. 80 under the common Official Memorandum dated 08.02.1984. This common - 9 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 grant order covered five applicants, including the petitioner and Mani. In the enquiry conducted to ascertain the genuineness of the grant made in favour of Mani, the competent authority held the grant to be legitimate. The Official Memorandum dated 08.02.1984 was subjected to scrutiny in the said proceedings and was found to be genuine. A careful examination of the enquiry proceedings reveals that Mani’s name appears at Serial No. 3 in the Official Memorandum, whereas the petitioner’s name is distinctly mentioned at Serial No. 1. Given that the grant in favour of Mani was upheld as valid and genuine, it logically follows that the grant in favour of the petitioner, originating from the same Official Memorandum, also stands on the same legal footing. 9. This Court finds that the initiation of an enquiry under Section 136(3) of the Karnataka Land Revenue Act, 1964, against the petitioner is entirely unwarranted and redundant. The primary objective of an enquiry under this provision is to identify and nullify fraudulent grants. - 10 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 However, in the present case, the enquiry appears to be a mere pretext employed by the authorities to justify their unauthorized action of diverting the land originally granted to the petitioner in favour of respondent No. 4, RGHCL. The very initiation of this enquiry, in the face of a prior enquiry having already upheld the authenticity of the grant, raises serious concerns about the bona fides of the respondents’ actions. It is evident that the authorities, instead of upholding the legal sanctity of the grant, have resorted to an enquiry as a means to override the petitioner’s vested rights. This Court, therefore, has no hesitation in holding that the enquiry under Section 136(3) of the Karnataka Land Revenue Act, 1964, is not only an abuse of power but is also actuated by malafide intentions. Permitting such an enquiry to proceed would result in a miscarriage of justice and cause undue prejudice to the petitioner, whose rights have already been conclusively established. In light of these findings and considering the earlier enquiry’s outcome, this Court is compelled to set aside the proceedings initiated under Section 136(3) of the - 11 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 Karnataka Land Revenue Act, 1964, in W.P.No.25116/2023. 10. In continuation of the findings recorded by this Court in W.P.No.25116/2023, it becomes imperative to examine the validity of the Deputy Commissioner’s decision to divert 3.20 acres of the petitioner’s granted land in favour of respondent No. 4, RGHCL. Once the grant made in favour of the petitioner is confirmed as valid and legally binding, the Deputy Commissioner is rendered without jurisdiction to alter, divert, or reassign the said land. The law is well-settled that once land is granted to an individual and such grant attains finality, the State Government loses its authority to interfere with the granted land, much less divert it to a third party. The act of the Deputy Commissioner in transferring 3.20 acres of the petitioner’s land to respondent No. 4 is, therefore, ultra vires and void ab initio. 11. It is pertinent to emphasize that the grant in favour of the petitioner was made under a legally - 12 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 recognized process, and the petitioner’s rights have been reaffirmed through due legal scrutiny. The Deputy Commissioner’s order, vide Annexure-A, divesting the petitioner of a substantial portion of his granted land and transferring it to respondent No.4, RGHCL, is wholly without jurisdiction, arbitrary, and legally unsustainable. Consequently, this Court holds that the impugned order issued by respondent No. 2/Special Deputy Commissioner, which seeks to divert 3.20 acres out of the 4.00 acres granted to the petitioner, is liable to be quashed. Furthermore, the consequential endorsement indicating that possession of the land has been handed over to respondent No. 4, RGHCL, is equally devoid of legal sanctity and is also set aside. The petitioner’s rightful claim to the entire extent of 4.00 acres granted under the Official Memorandum dated 08.02.1984 stands reaffirmed and protected by this Court’s findings. 12. For the foregoing reasons, this Court passes the following: - 13 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 ORDER (i) The writ petition filed in W.P.No.25116/2023 is allowed. (ii) The proceedings initiated by respondent No. 2/Special Deputy Commissioner in No. RRT(2)(NA)CR/21/22-23, as per Annexure-A, are hereby quashed and set aside. (iii) The writ petition in W.P.No.5070/2022 is also allowed. (iv) The impugned orders dated 17.12.2021 and 03.03.2022, as contained in Annexures-A and B, are quashed and set aside. Consequently, the endorsement produced at Annexure-R1, which has been challenged by way of memo, is set aside to the extent of any adverse observations made against the petitioner. (v) Respondent No. 3, with the assistance of the Assistant Director of Land Records, shall carry out the necessary phodi and durasti process and demarcate the portion of land granted to the petitioner in Survey No. 80. Upon completion of the phodi and durasti process, new sub-survey numbers - 14 - NC: 2025:KHC:8616 WP No. 5070 of 2022 C/W WP No. 25116 of 2023 shall be assigned accordingly, and the mutation shall be carried out in favour of the petitioner. (vi) This entire exercise shall be completed within a period of four months from the date of receipt of certified copy of this order. SD/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 2 Sl No.: 10