JOINT DIRECTOR OF LAND RECORDS Vs. S VAZEER AHMED

JUDGEMENT

(1.) These appeals are filed, impugning the order dtd. 25/4/2025, passed in Writ Petition No.15283 of 2015 by the learned Single Judge.

(2.) Facts leading to Writ Appeal No.1311 of 2025 are that the respondents questioned the order dtd. 20/3/2015 in Case No.CTS(B) Rev.17/2014-15 passed by the Joint Director of Land Records, South Range, K.R. Circle, Bangalore. The proceedings before the Joint Director of Land Records and Assistant Director of Land Records were produced by the Power of Attorney Holder, who is none other than the respondent No.1 herein. Later, the property in question was transferred in favour of the respondents herein, in terms of Deed of Absolute Sale dtd. 3/11/2012 pursuant to order in Execution Petition No.432 of 2013 before the trial Court vide Order dtd. 24/4/2014. In the year 1880, the Department of Railways had acquired the land to the extent of more than 600 acres for the purpose laying Railway line and for construction of Quarters for its employees. The first acquisition proceedings were completed in the year 1900 by the British Government, which acquired the land by paying compensation to land owners by the Maharaja of Mysore. From the date of acquisition, the Railway Department is in possession and enjoyment of the land in question without any interference. State issued Circular dtd. 12/10/1881 in No.21-Railway and in the year 1948, the Maharaja of Mysore handed over the entire land to the Indian Railways by publishing Gazette vide order dtd. 5/8/1948, Mysore Act No.LVII of 1948 and as per the Gazette. The respondents herein, for the first time, filed appeal before the Joint Director of Land Records in Appeal No.CTS(B) Appeal (Rev) 7/1994-95. The Joint Director of Land Records dismissed the appeal filed by the respondents on the ground that the documents produced by them did not tally with the property in CTS No.1047. Thereafter, during the pendency of the appeal before the Joint Director of Land Records, respondent No.1 and his brother filed a suit before the Additional City Civil Judge at Mayo Hall in OS No.10987 of 1994. The Court granted an ex-parte interim order against the Railways. After appearance, the Railways filed a detailed written statement and an application for vacating stay. The trial Court, vide order dtd. 18/9/1997 vacated the interim order and vide order dtd. 12/2/2002, dismissed the suit. Thereafter, respondent No.1 filed Appeal before the Director of Land Records in Appeal No.16/95-96 questioning the order passed by the Joint Director of Land Records. The Director of Land Records & Survey Settlement, dismissed the appeal filed by the Respondent on 18/11/1996. After dismissal of the revision and appeal, and rejection of interim order in OS No.10987 of 1994, the respondent No.1, behind the back of the Railways, approached the Bruhat Bengaluru Mahanagara Palike (for short 'BBMP') by giving representation for change of revenue entries in his name. The BBMP has not considered the representation given by respondent No.1. Again, the petitioner No.2 filed petition before this Court in Writ Petition No.10726 of 2008 seeking mandamus on behalf of respondent No.1 as a General Power of Attorney holder. This Court disposed of the writ petition with a direction to BBMP to consider representation for change of khata in favour of respondent No.1, in accordance with law. The BBMP has not considered the representation of respondent No.1 since relevant documents were not produced to show that he was the absolute owner of the property in question. Hence, respondent No.1 and his brother preferred Appeal No.16/95-96 before the Director of Survey Settlement and Land Records. The Director, after hearing the parties, dismissed the appeal. The respondent No.1 herein again approached the Joint Director of Land Records, South zone in Rev No.CTS(B)Rev.09/2007-08. The Joint Director of Land Records, after conducting a detailed enquiry, dismissed the Revision on 13/3/2009. The same was questioned by respondent No.1 before this Court in Writ Petition No.14358 of 2009. This Court, after hearing the parties, vide order dtd. 15/3/2011, set aside the order of Joint Director of Land Records and directed to consider the Revision filed by the petitioners under Sec. 56 of the Land Revenue Act and to identify the property, so also, as to whether the property belongs to the Railways or to the petitioners therein, since there was a serious objection raised by the Railways that the property belonged to them and not to the petitioners therein and the property claimed by the petitioners, as per the map of Bilekalli Village, was situated to the right side of Queens Road and petitioners are not the owners of the land. It was further directed that, after hearing the parties, appropriate orders be passed in accordance with law. Keeping open all contentions, parties were directed to appear before the Joint Director of Land Records on 25/4/2011. Accordingly, the Joint Director of Land Records, after hearing the parties, set aside the order dtd. 18/4/1979, passed by the Enquiry Officer and directed the Enquiry Officer to conduct fresh enquiry as per the directions issued by this Court. As per the directions of the Joint Director of Land Records, the Enquiry Officer initiated proceedings and issued notice to all the parties. The Enquiry Officer was required to identify survey No.2 of Bilekalli as per the village map and other available revenue documents in the Revenue Department and also the documents produced by the respondent No.1. The Enquiry officer has not properly conducted the enquiry. The survey number which was claimed by the respondent No.1, as shown in CTS No.1047 LA 77 Vasanthanagar local area which comes under the Bengaluru City Survey No.475, was not properly clarified by the Enquiry Officer at the time of enquiry and wrongly the same was shown in favour of respondent No.1 herein. The village map issued by the Assistant Director of Land Records would clearly show that the land bearing Sy.No.2 of Bilekalli is situated to the right side of Queens Road, which is at distance of more than a kilometre from the disputed property. As per the village map, the boundaries and the survey number No.2, do not tally with the property CTS No.1047. The land bearing Sy.No.28 (old No.18) of Bilekalli is situated on Thimmaiah Road. Various buyers have purchased lands in survey No.28 of Bilekalli. The sale deed and encumbrance certificates issued by jurisdictional Sub- Registrar would clearly show that the land bearing survey No.2 of Bilekalli is situated a kilometer away from Thimmaiah Road.

(3.) The Bangalore Development Authority acquired the land for extension of Vasanthnagar during the year 1954 and published the Gazette in respect of lands (Palace) Upparahalli Grama and no land in Bilekalli Village was acquired.