1

IN THE HIGH COURT OF KARNATRAKA AT BENGALURU

W.P. /2022

BETWEEN:

Sri. Revuri Brahmaiah …Petitioner

AND

The Thasildar,
Yelahanka Taluk,
Bengaluru and 2 others …Respondents

SYNOPSIS

DATES AND EVENTS

SL. DATES/YEAR DESCRIPTION OF EVENTS

No.
1 20.12..200 The Petitioner purchased the petition schedule
. 6 property.

2 18.01.2017 Petitioner came to know that Respondent No.1 made an entry to

. the effect that This is Government land and subject of dispute,
alienation is prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village, Hesaragatta Hobali, Yelahanka
Taluku, Bengaluru District/petition schedule property.
3 19.01.2022 Application submitted to the Respondent No.2, on 19.01.2017,
. requesting him to remove that impugned entry i.e., This is
Government land and subject of dispute, alienation is prohibited
RK CR 725/2011-12 as per the Deputy Commissioner’s order, in
column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura
Village.
4 23.07.2018 Applications submitted to the Respondent No.2,
. 23.07.2018, requesting him to remove that impugned
entry i.e., This is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in column
No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village
5 25.05.2022 learned Deputy Commissioner, Bengaluru, issued an endorsement
. dated 25.05.2022, bearing No.RK/CR/538/2022-23, to the effect
that said file i.e., No. RK/CR/725/2011-12, is pertaining to release
of funds in respect of additional work in the accounts branch of
that office, and said file was closed on 01.03.2012, subsequent to
that no order was passed in that file.
6 This Writ Petition filed.
.
 2

BRIEF FACTS OF THE CASE

That the Petitioner herein purchased the land to the extent

of Acre 02-00 Guntas, situated in bearing Sr.No.50 of
Ittagalapura Village, Hesaraghatta Hobli, Bangalore
NorthNanjanagudu Taluk, same is fully described herein
under in the petition schedule, herein after referred to as
petition schedule property, for valuable consideration of
Rs.10,00000/-(Rupees Ten Lakhs Only) under registered sale
deed dated 20.12.2006, bearing registration No. BNG (U)
YLNK-24876-2006-2007 from its lawful owners and took
delivery of the possession of the said land on the same day.
From the date of purchase, Petitioner has been in peaceful
possession and enjoyment of the same till date. That
subsequent to the said sale no transaction, in respect of the
petition schedule property took place till date petitioner has
been in possession and enjoyment of the Petition schedule
property as absolute owner.That in the first week of Jan
2017, petitioner came to know that Respondent No.1 made
an entry to the effect that This is Government land and
subject of dispute, alienation is prohibited RK CR
725/2011-12 as per the Deputy Commissioner’s order,
in column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village,
Hesaragatta Hobali, Yelahanka Taluku, Bengaluru District/petition schedule
property. On that information, Immediately, petitioner went to
the office of Respondent No.2 and made an enquiry and
came to know that said entry was illegal, unreasonable and
result of negligent and whimsical exercise of jurisdiction
vested with Respondent No.1. That there after petitioner
submitted an applications to the Respondent No.2, on
19.01.2017 and 23.07.2018, requesting him to remove that
impugned entry i.e., This is Government land and
subject of dispute, alienation is prohibited RK CR
 3

725/2011-12 as per the Deputy Commissioner’s order,

in column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village.
That One Sri. B.N. Muniraju, had filed application before the
Deputy Commissioner, Bengaluru District, Bengaluru, for
certified copy of the order passed in Case No.
RK/CR/725/2011-12. For, which the learned Deputy
Commissioner, Bengaluru, issued an endorsement dated
25.05.2022, bearing No.RK/CR/538/2022-23, to the effect
that said file i.e., No. RK/CR/725/2011-12, is pertaining to
release of funds in respect of additional work in the
accounts branch of that office, and said file was closed on
01.03.2012, subsequent to that no order was passed in that
file. It is clear from the said endorsement/Annexure-E, that
the petition schedule property is not the subject matter of
the file/case No.RK CR 725/2011-12 said to have been
passed by the Deputy Commissioner, Bengaluru. However,
Respondent No.1 mentioned entry i.e., This is
Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village. That it is again clear from the
Annexure-E/endorsement dated 25.05.2022, bearing
No.RK/CR/538/2022-23, that said entry i.e., This is
Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village. When thus being the facts on
records also, the respondent No.1 herein has not considered
the applications/Annexure-C and D, submitted by the
Petitioner requesting him to remove the said false and
baseless entry i.e., This is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12 as per
the Deputy Commissioner’s order, in in column No.11 of the RTC
in respect of Sy.No.50 of Ittagalpura Village. That because of the
 4

said entry i.e., This is Government land and subject of

dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in column No.11
of the RTC in respect of Sy.No.50 of Ittagalpura Village, the petitioner
is unable to exercise his absolute rights over the petition
schedule property and thereby petitioner is denied his rights
to alienate the petition property in any manner and
petitioner is denied his right to take loan by mortgaging the
said property. The Petitioner humbly submit he has not filed
any other proceedings in respect of same subject
matter/petition schedule property, seeking same relief,
before any court or authority. That the Petitioner being
aggrieved by entry, made by the Respondent No.1, to the
effect that This is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in in column
No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village/Annexure-
E, and having no other alternative or efficacious remedy
except to invoke the extra ordinary jurisdiction of this
Hon’ble Court, has filed this Writ Petition on the following
amongst other grounds to be urged at the time of hearing.

Place:BENGAULURU

Date: ADVOCATE FOR PETITIONER

Subhash Chandra Bose
(KAR 2764/2002)
 5

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

W. P. No. /2019 (GM-CPC)
Rank of parties
Trial Court High Court
BETWEEN:
1. Sri. Revari Brahmaiah,
S/o Narasabathadu,
R/at No.45,46, 4th Main Road,
Near Sreerama Temple,
Vinayakanagara,
Bagaluru Cross,
IAF Post, Yelahanka,
Bengaluru-560064. …Petitioner

AND:

1. The Thasildar,
Bengaluru North Taluk,
Bengaluru Respondent No.1

2. The Deputy Commissioner,

Bengaluru District,
Bengaluru-570026. Respondent No. 2

3. The Chief Secretary,

Government of Karntaka,
Vidhana Soudha,
Bengaluru-.. Respondent No.3

MEMORANDUM OF WRIT PETITION UNDER ARTICLE

226 AND 227 OF THE CONSTITUTION OF INDIA
The above named Petitioner most humbly submit as under:

1. That the address of the Petitioners for the purpose of service of court
notice, summons etc., from this Hon’ble Court, are as given in the cause
 6

title and also that of her Advocate, Subhash Chanra Bose, ‘S.C.B. Law
Chambers, No.3, 1st Floor, T.Dasarahalli, Tumkur Road, Bengaluru-56.

2. That the addresses of the respondents for similar purpose is as given in the
cause title.

3. The Petitioner prefers this write petition under Article 226 and 227 of the
constitution of India for being aggrieved by false and baseless entry made in
column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village,
Hesaragatta Hobali, Bengaluru North Taluk, Presently Yelahanka Taluku,
Bengaluru District, more fully described in the schedule herein under, said
land belongs to the petitioner.

Brief facts of the case:

4. That the Petitioner herein purchased the land to the extent

of Acre 02-00 Guntas, situated in bearing Sr.No.50 of
Ittagalapura Village, Hesaraghatta Hobli, Bangalore
NorthNanjanagudu Taluk, same is fully described herein
under in the petition schedule, herein after referred to as
petition schedule property, for valuable consideration of
Rs.10,00000/-(Rupees Ten Lakhs Only) under registered sale
deed dated 20.12.2006, bearing registration No. BNG (U)
YLNK-24876-2006-2007 from its lawful owners and took
delivery of the possession of the said land on the same day.
From the date of purchase, Petitioner has been in peaceful
possession and enjoyment of the same till date. The Copy of
the said registered sale deed dated 20.12.2006 is herewith
produced and marked as Annexure -A.

5. That subsequent to the said sale no transaction, in respect

of the petition schedule property took place till date
petitioner has been in possession and enjoyment of the
Petition schedule property as absolute owner.
 7

6. That in the first week of Jan 2017, petitioner came to know

that Respondent No.1 made an entry to the effect that This
is Government land and subject of dispute, alienation
is prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village, Hesaragatta Hobali, Yelahanka Taluku,
Bengaluru District/petition schedule property. On that information,
Immediately, petitioner went to the office of Respondent
No.2 and made an enquiry and came to know that said
entry was illegal, unreasonable and result of negligent and
whimsical exercise of jurisdiction vested with Respondent
No.1. The copy of the said RTC containing the impugned
entry is herewith produced as ANNEXURE-B.

7. That there after petitioner submitted an applications to the

Respondent No.2, on 19.01.2017 and 23.07.2018,
requesting him to remove that impugned entry i.e., This is
Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village. The copies of said applications
are herewith produced as ANNEXURES-C and D,
respectively.

8. That One Sri. B.N. Muniraju, had filed application before the
Deputy Commissioner, Bengaluru District, Bengaluru, for
certified copy of the order passed in Case No.
RK/CR/725/2011-12. For, which the learned Deputy
Commissioner, Bengaluru, issued an endorsement dated
25.05.2022, bearing No.RK/CR/538/2022-23, to the effect
that said file i.e., No. RK/CR/725/2011-12, is pertaining to
release of funds in respect of additional work in the
accounts branch of that office, and said file was closed on
01.03.2012, subsequent to that no order was passed in that
file. The copy of the endorsement dated 25.05.2022,
 8

bearing No.RK/CR/538/2022-23 is herewith produced as

ANNEXRUE-E.

9. It is clear from the said endorsement/Annexure-E, that the

petition schedule property is not the subject matter of the
file/case No.RK CR 725/2011-12 said to have been passed
by the Deputy Commissioner, Bengaluru. However,
Respondent No.1 mentioned entry i.e., This is
Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village.

10. That it is again clear from the Annexure-E/endorsement

dated 25.05.2022, bearing No.RK/CR/538/2022-23, that said
entry i.e., This is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in column No.11
of the RTC in respect of Sy.No.50 of Ittagalpura Village.

11. When thus being the facts on records also, the

respondent No.1 herein has not considered the
applications/Annexure-C and D, submitted by the Petitioner
requesting him to remove the said false and baseless entry
i.e., This is Government land and subject of dispute,
alienation is prohibited RK CR 725/2011-12 as per the
Deputy Commissioner’s order, in in column No.11 of the RTC in
respect of Sy.No.50 of Ittagalpura Village.

12. That because of the said entry i.e., This is

Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village, the petitioner is unable to
exercise his absolute rights over the petition schedule
property and thereby petitioner is denied his rights to
 9

alienate the petition property in any manner and petitioner

is denied his right to take loan by mortgaging the said
property.

13. The Petitioner humbly submit he has not filed any other
proceedings in respect of same subject matter/petition
schedule property, seeking same relief, before any court or
authority.

14. The Petitioner is residing in Bengaluru District in the

address as shown in the cause title and that the offices of
Respondent No. 1 to 3 are situated at Bengaluru and the
cause of action for this Writ Petition arose within the
jurisdiction of this Hon’ble Court. Hence this Hon’ble court
has got jurisdiction to entertain and decide this matter.

15. That the Petitioner being aggrieved by entry, made by

the Respondent No.1, to the effect that This is
Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village/Annexure-E, and having no other
alternative or efficacious remedy except to invoke the extra
ordinary jurisdiction of this Hon’ble Court, has filed this Writ
Petition on the following amongst other grounds to be urged
at the time of hearing.

GROUNDS

16. That the impugned entry i.e., This is Government

land and subject of dispute, alienation is prohibited
RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village/Annexure-E, made by the
Respondent No.1, is illegal and is in clear violation of
 10

principles of natural justice as Respondent No.2 made said

entry without any basis.

17. That it is again clear from the Annexure-E/endorsement

dated 25.05.2022, bearing No.RK/CR/538/2022-23, that said
entry i.e., This is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in column No.11
of the RTC in respect of Sy.No.50 of Ittagalpura Village.

18. That from the impugned entry i.e., This is

Government land and subject of dispute, alienation is
prohibited RK CR 725/2011-12 as per the Deputy
Commissioner’s order, in column No.11 of the RTC in respect of
Sy.No.50 of Ittagalpura Village/Annexure-E,, it is clear that
Respondent No.1 has not put minimum effort to verify
whether said impugned entry is being made on basis of any
order or document, which clearly shows that impugned
entry at annexure-B, is the result of highly negligent act of
the Respondent No.1.

19. That it is clearly reflected from an endorsement dated

25.05.2022, bearing No.RK/CR/538/2022-23, to the effect
that said file i.e., No. RK/CR/725/2011-12, is pertaining to
release of funds in respect of additional work in the
accounts branch of that office, and said file was closed on
01.03.2012, subsequent to that no order was passed in that
file. However, respondent No.1 without applying his mind
and with negligent act made a wrong and baseless entry in
RTC pertaining to the petition schedule property to the
effect that This is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in in column
No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village/Annexure-
E, same is much against to all well-known established
 11

principles of law and same is an amount of illegal and abuse

of power and process of law, which is not permissible under
law.

20. The impugned entry i.e., this is Government land

and subject of dispute, alienation is prohibited RK CR
725/2011-12 as per the Deputy Commissioner’s order,
in column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village,
made by Respondent No. 1, is baseless and false. Therefore
the impugned entry is illegal, unreasonable and result of
whimsical exercise of jurisdiction vested with Respondent
No. 2. Therefore the impugned entry suffering from serious
infirmities, the same is liable to be quashed.

21. That Respondents being an instruments of state are

bound to act in fair and reasonable manner, within the
frame work of law. However the actions of Respondents with
respect to entry this is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12
as per the Deputy Commissioner’s order, in column No.11
of the RTC in respect of Sy.No.50 of Ittagalpura Village and
subsequent events show scant regard for law and fairness.
Therefore the Petitioner is constrained to approach this
Hon’ble court seeking exercise of extra ordinary jurisdiction.

22. The Petitioner seek the leave of this Hon’ble court to

urge other grounds at the time of hearing.

GROUNDS FOR INTERIM RELIEF

23. The Petitioner submits that they have good chance of

succeeding in this case and that if the impugned order Case
No. RK CR 725/2011-12, said to have been passed by the
Respondent No.2 and as mentioned in column No.11 of the RTC in
respect of Sy.No.50 of Ittagalpura Village at annexure-B, is not stayed
the very purpose of filing this petition would be defeated as
 12

the Respondents being the powerful governmental

instrumentals are trying to interfere with peaceful
possession of the Petitioner.

24. That the Petitioner has been in possession of the

property from the date of purchase of the petition schedule
property. That if the impugned orders and consequential
order thereon is not stayed, Respondents would take
advantage of said order try to change the nature of the
petition schedule property. Therefore in these circumstances
the interim order, as prayed for, may be granted.

PRAYER
Wherefore, it is prayed that this Hon’ble Court may be
pleased to:
a) Issue Writ in the nature of mandamus directing the
respondents to remove the impugned entry made to the
effect that this is Government land and subject of
dispute, alienation is prohibited RK CR 725/2011-12 as
per the Deputy Commissioner’s order, in column No.11 of
the RTC in respect of Sy.No.50 of Ittagalpura Village, at Annexure-B,
made by the Respondent No.1.,

b) Issue a writ in the nature of certiorari quashing the impugned

order passed in Case No. RK CR 725/2011-12, said to have
been passed by the Respondent No.3 and as mentioned in
column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village at
Annexure-B and consequential orders or changes made in
revenue entries if any.

c) To pass such other orders or directions as this Hon’ble Court

deems fit and proper in the interest of justice and equity.

PRAYER FOR INTREIM RELEIF

d) The Petitioner most respectfully submits that pending
disposal of this Writ Petition, this Hon’ble Court may be
pleased to issue an ad–interim order staying the the
 13

impugned order Case No. RK CR 725/2011-12, said to have

been passed by the Respondent No.2 and as mentioned in
column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura Village at
annexure-B and so called consequential this is Government
land and subject of dispute, alienation is prohibited
RK CR 725/2011-12 as per the Deputy Commissioner’s
order, in column No.11 of the RTC in respect of Sy.No.50 of Ittagalpura
Village, at Annexure-B, made by the Respondent No.1, in the
interest of justice and equity.

PETITION SCHEDULE PROPERTY

All piece and parcel of Agriculture Dry land bearing Sy. No.
50, measuring to an extent of 2-00 Acres, Situated at Ittagalpura
Village, Hesaraghatta Hobli, Bangalore North Taluk (Presently
Yelahanka Taluk), and bounded on:
East by : Same Survey number land
West by: Land belongs to Sri.Murali,
North by: Honnenahalli-Ittagalpura Road,
South by: Land belongs to Rajanna and Sri.Byappa Reddy.

Date:

Place:Bengaluru (SUBHASH CHANDRA BOSE)

ADDRESS FOR COMUNICATION

Subhash Chandra Bose,

Advocate,
No.3, 1st Floor,
Shree Baba Complex,
Tumkur Road,
T.Dasarahalli,
Bangalore-560 057.
Mob:9606553127
 14

IN THE HIGH COURT OF KARNATRAKA AT BENGALURU

W.P. /2022

BETWEEN:

Sri. Revuri Brahmaiah …Petitioner

AND

The Thasildar,
Yelahanka Taluk,
Bengaluru and 2 others …Respondents

VERYFYING AFFIDAVIT
I, Sri. Revuri Brahmaiah, S/o Sri.Narasabathudu, aged about 64
years, R/at No.33/2,VBS Nilaya, 4th Cross, B.Nanjappa Layout,
Cholanayakanahalli, R.T.Nagar Post, Bangalore-560032, Petitioner
in the above case, do hereby solemnly affirm and state on oath,
as follows:

1. I submit that I am Petitioner in the above case. I know the facts and
circumstances of the based on the records. Hence, I am swearing to this
affidavit.

2. I submit that Paras No. 1 to of the writ petition are true

and correct to the best of knowledge, information and belief.
 15

The Annexure-A to D are certified copies of the originals.

I do solemnly affirm and state that the name and signature

found in this affidavit is mine and contents of this affidavit are
true and correct to the best of my knowledge and belief.

Identified by me
Deponent
Advocate
Bengaluru “Sworn to before me”
Date:

IN THE HIGH COURT OF KARNATRAKA AT BENGALURU

W.P. /2022

BETWEEN:

Sri. Revuri Brahmaiah …Petitioner

AND

The Thasildar,
Yelahanka Taluk,
Bengaluru and 2 others …Respondents
INDEX
Sl. Description Page Court
No s Fee Paid

1. Synopsis

2. Memorandum of writ petition under Article

226 and 227 of the constitution of India.

3. Annexure-A: Copy of the The Copy of the

registered sale deed dated 20.12.2006.

4. Annexure-B:- The Copy of the RTC in respect

of Sy.No.50 of Ittagalpura Village.

5. Annexure-C:- The Application submitted to the

Respondent No.2, on 19.01.2017, requesting him to
remove that impugned entry.
 16

6. Annexure-D:- The Application submitted to the

Respondent No.2, on 23.07.2018, requesting him
to remove that impugned entry.

7. Annexure-E:-The copy of the

endorsement dated 25.05.2022, bearing
No.RK/CR/538/2022-23

8. Vakalathnama

Total

Place: BANGALORE

Date: (SUBHASH CHANDRA BOSE)

ADVOCATE FOR PETIONER