Siddagangappa and Others vs State of Karnataka and Others

Ram Mohan Reddy, J—Petitioners claiming to be purchasers of sites carved out of agricultural lands in Sy. No. 38/2, new Sy. No. 48, of Gidadakonenahalli, falling within the territorial jurisdiction of the Bruhath Bangalore Mahanagara Palike (''BBMP'' for short), have preferred these petitions calling in question the endorsement dated 27.08.2011, Annexure-H, of the 3rd respondent, Land Acquisition Officer, Bangalore Development Authority (''BDA'' for short), permitting one Nanjundappa, to deposit Rs. 8,82,090/- as development charges in respect of Sy. No. 48 measuring 3 acres 15 guntas (147015 sq.ft.) and that the ''BDA'' had no objection to get katha of the land registered in his name in the registers of ''BBMP''.

In the first place, petitioners claim to have acquired right, title or interest in the immovable properties, on an alleged conveyance transaction in the nature of General Power of Attorney, is unavailable since the document does not convey title and does not tantamount to transfer as also not a recognized or a valid mode of transfer, in the light of the decision of the Apex Court in Suraj Lamp and Industries Pvt. Ltd. Vs. State of Haryana and Another, (2011) 10 AD 365 : AIR 2012 SC 206 : (2012) 169 CompCas 133 : (2011) 6 CTC 90 : (2012) 340 ITR 1 : (2011) 4 RCR(Civil) 669 : (2011) 11 SCALE 438 : (2012) 1 SCC 656 : (2011) 11 SCR 848 : (2011) 202 TAXMAN 607 . Sequentially alleged carving of house sites from out of agricultural lands without an order permitting change of use of agricultural land to non agricultural residential purpose under Sub-section (2) of Section 95 of Karnataka Land Revenue Act, 1964, the mere non-user of the land for agricultural purposes or purposes subservient thereto or user for non-agricultural purpose would not have the effect of converting the land into non agricultural land, as held by the Apex Court in State of Karnataka and others Vs. Shankara Textiles Mills Ltd., AIR 1995 SC 234 : (1994) 6 JT 567 : (1994) 4 SCALE 559 : (1995) 1 SCC 295 : (1994) 4 SCR 432 Supp . In addition except for an assertion that Sy. No. 38/2 is assigned new Sy. No. 48, there is no material worth the while by way of orders of the authority under the Karnataka Land Revenue Act, 1964, certifying the said change of survey number.

In that view of the matter, petitioners cannot be heard to complaint that they have a grievance over the endorsement, Annexure-H. Petitions are accordingly rejected.