B.N. Shivaswamy vs The Commissioner Bruhath Bangalore Mahanagara Palike and Others

B.V. Nagarathna, J.

Petitioner has assailed order dated 14.02.2013 (Annexure-N) passed by the 2nd respondent by which the earlier order dated 03.09.2009 has been upheld.

Petitioner has averred that he has purchased agricultural land bearing Sy. Nos. 112/11 and 112/12 along with his brother under a sale deed dated 17.01.1981 registered in the office of the Sub-Registrar, Bangalore South having boundaries towards East - Karagadevara Inmathi land, West - property of Sri Srikanta Murthy and Sri Vasudeva Murthy and others, North - by Sy. No. 112/11 and 112/12 presently road laid in the Vijaya Bank Colony formed by the Vijaya Bank Employees'' Housing Society and South -by 20 ft. road

According to the petitioner, extent of land purchased was around 13 guntas and the said extent totally measured 16319.5 Sq. Ft. According to the petitioner, entire extent of area falling within the boundaries is more than the area that was mentioned in the sale deed, which is 16319.5 Sq Ft. Copy of the sale deed is produced at Annexure-A. Subsequently, petitioner and his brother entered into a partition and divided the property under a registered partition deed dated 29.01.1982. Thereafter, under a release deed registered on 03.11.2000, petitioner''s brother relinquished his share of land measuring 6687 Sq. Ft. in favour of the petitioner while retaining a small portion in which he constructed a house. As a result, petitioner''s share in the property is 14046.02 Sq. Ft. Copies of the partition deed and release deed are produced as Annexures- B and C respectively. Petitioner thereafter applied to 3rd respondent -Authority for entering his name in respect of the aforesaid land. The 3rd respondent registered petitioner''s name to an extent of 14157 Sq. Ft.

The property in question was converted for non-agricultural use by order dated 16.11.1981 passed by the Special Deputy Commissioner, Bangalore district. Thereafter, the petitioner executed two gift deeds in the names of his two daughters, namely, Smt. Rashmi Bellur measuring 5282.95 Sq. Ft. and Smt. Ramya Bellur to an extent of 5442.07 Sq. Ft. respectively. The total extent gifted to the two daughters is 10785.95 Sq. Ft. Copies of the gift deeds and rectification deeds are produced at Annexures-D, E, F and G. After the execution of the gift deeds and rectification deeds, an extent of 3321 Sq. ft. remained with the petitioner. Thereafter, they applied to the 3rd respondent for entering their names in respect of the aforesaid extents of land and the 3rd respondent has entered their names insofar as the aforesaid extents are concerned. According to the petitioner, remaining portion of 3321 Sq. Ft remained with the petitioner but according to the respondent - Authorities it is only 1406.98 Sq. Ft. as per order dated 03.09.2009.

The grievance of the petitioner is that what he had purchased was 16319.5 Sq. Ft. and the agricultural land which was purchased by him was converted for non-agricultural purpose and therefore, the 3rd respondent ought to have entered the name of the petitioner insofar as the remaining 2162 Sq. Ft. instead of only 1406.98 Sq. Ft. after the gifts made to his two daughters in respect of the aforesaid two extents. He, therefore, requested the 3rd respondent to enter his name in respect of the balance extent of 2162 Sq. Ft. of land, but, that was rejected by the 3rd respondent by order dated 03.09.2009. Being aggrieved by that order, he filed an appeal before the 2nd respondent, who by his order dated 14.02.2013 (Annexure-N) has rejected his appeal. As against those orders, this writ petition has been filed.

I have heard the learned counsel for the petitioner and the learned counsel for the respondent -Authorities and perused the materials on record.

Learned counsel for the petitioner submits that what had been purchased under the registered sale deed dated 17.01.1981 was approximately 13 guntas of land within the aforesaid boundaries and it totally measures 16319.5 Sq. Ft. and the entire extent of land has been converted for non-agricultural purpose and after excluding the two portions of land which has been given by way of gift to the two daughters of the petitioner, the remaining extent of 2162 Sq. Ft. ought to have been registered in the name of the petitioner, but the respondent - Authorities have registered only 1406.98 Sq. Ft. He, therefore, contended that the extent of 2162 Sq. Ft. was to be entered in the name of the petitioner. He would contend that having regard to the documents which have been produced by the petitioner, respondent - Authorities could have measured the land that was available with the petitioner and entered his name in the records. Without doing that, the respondents have stated that the remaining portion of only 1406.98 Sq. Ft., has been retained by the petitioner, which is incorrect. He, therefore, would contend that the respondent - Authorities be directed to re-measure the entire extent of land on the basis of the documents and thereafter to reconsider the case of the petitioner with regard to entering his name insofar as 2162 Sq. Ft. of land is concerned.

Learned counsel for the respondents with reference to his statement of objections contends that these are matters which cannot be taken note of by the respondents and that the petitioner has to approach the Civil Court for seeking a declaration in respect of his right, title and interest insofar as 16319.5 Sq. Ft. of land is concerned. He also would contend that the petitioner has not produced original title deeds and therefore, no relief could be granted to the petitioner in this writ petition. He also contended that an extent of 13 guntas was only converted for non-agricultural purposes by order dated 16.11.1981.

In response to this, learned counsel for the petitioner contended that the sale deed itself says that approximately 13 guntas has been purchased by the petitioner and that the entire extent of land within the aforesaid boundaries have to be taken into consideration and if the same is so noted, then the total extent of land purchased by him is 16319.5 Sq. Ft. and the entire extent has been converted for non-agricultural purpose by order dated 16.11.1981.

Having regard to the aforesaid submission, it is noted from Annexure-A, which is a copy of the sale deed dated 17.01.1981, that the petitioner has purchased agricultural land bearing Sy. Nos. 112/11 and 112/12 on 17.01.1981 and the said land falls within the aforementioned boundaries. Therefore, it is the case of the petitioner that the entire extent which comes within the aforesaid boundaries has been purchased by him and that the entire extent of land has been converted for non-agricultural purpose by the Deputy Commissioner by his order dated 16.11.1981. It is also an admitted fact that two parcels of land measuring 5282.95 Sq. Ft. sft and 5442.07 Sq. Ft. have been gifted by the petitioner in favour of his two daughters, so the exclusion of two parcels of land would have to be considered while considering the case of the petitioner for entering his name in the khata register insofar as the balance land is concerned. For that purpose, it would be necessary to measure the land that has been purchased by the petitioner falling within the aforesaid boundaries and thereafter to exclude the two parcels of land which has been gifted by the petitioner in favour of his two daughters and in whose favour the respondents have already entered their names in the khata register and thereafter, by assessing the balance land that is available, the name of the petitioner would have to be entered.

In the circumstances, order dated 03.09.2009 and 14.02.2013 are quashed as they do not take into consideration the boundaries within which the extent of land has been purchased by the petitioner. Petitioner is directed to appear before the 3rd respondent - Authority along with his two daughters, namely, Smt. Rashmi Bellur and Smt. Ramya Bellur on 06.04.2015 without insisting on any notice from that authority. The petitioner and his two daughters may appraise the 3rd respondent - Authority about the extent of land that are in their ownership and possession with reference to the original documents. The 3rd respondent -Authority shall thereafter take steps for measuring the land available with the petitioner within the aforementioned boundaries and thereafter to take steps for entering the name of the petitioner in the khata register, in accordance with law. The said exercise shall be made in an expeditious manner.

With the aforesaid observations and directions, writ petition is disposed.