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IN THE COURT OF THE ASSISTANT COMMISSIONER
Bangalore South Sub Division, Bangalore.
Present: Sri. L.C. NAGARAJA, K.A.S.,
Assistant Commissioner,
Bangalore South Sub Division,
Bangalore.
Case No. LRF (83)(A)08/2015-16
APPELLANT V/S RESPONDENTS
Government of Karnataka, 1. Sri. K. Lakshman,
Through Tahsildar S/o late Kariyaswamy.
2. Smt. L. Vinutha,
W/o K. Lakshman,
Both are R/at No. 16,
Sri. Papamma Nilaya,
4th Main, 8th Cross,
Chitho Layout, Singasandra,
Bangalore – 560068.
Preamble,
The Tahsildar, Anekal Taluk, has issued a show cause notices to respondent under section 82 of Karnataka Land Reforms Act, 1961 stating that Sri. Sri. K. Lakshman, S/o late Kariyaswamy2. Smt. L. Vinutha,W/o K. Lakshman, Both are residing at No. 16, Sri. Papamma Nilaya, 4th Main, 8th Cross, Chitho Layout, Singasandra, Bangalore – 560068, has purchased following agricultural lands in contravention of section 79 A and 79 B of Karnataka Land Reforms Act, 1961. The details of land purchased by Sri. K. Lakshman is as follows:
Sy. No. 123/5 measuring 0.10 guntas situated at Neraluru Village, Attibele Hobli, Anekal Taluk, under registered sale deed dated 18.06.2014.
The Tahsildar has initiated proceedings against the respondent in LRF/79(A)(B)/CR/34/2015-16 dated 04.07.2015 and issued a notice to respondent.
On the basis of the above proceedings initiated by Tahsildar, Anekal Taluk, this authority registered a case in LRF (83)(A)08/2015-16 and issued notice to respondent to show cause as to why action should not be initiated against him under the penal provisions of Karnataka Land Reforms Act, 1961.
In compliance with show cause notice issued by this authority, respondents submitted following documents:
1. The land possession (Patta/Chitta) in the name of 1st respondent father name.
2. The land survey document in the name of the 1st respondent’s father name.
3. The copy of encumbrance certificate issued by Darmapuri Sub-registrar from the year 01.01.1971 to 31.12.1986.
4. The copy of the encumbrance certificate issued by Darmapuri Sub-registrar from the year 01.01.1971 to 05.08.2004.
5. The copy of the Tax Paid Receipt.
6. The copy of the sale deed dated 17.04.2000 in Sy. No. 43, measuring 0-10 guntas of land Chikkatoguru Village.
7. The copy of the sale deed dated 08.04.2011 executed by K. Lakshman in favour of Sri. Krishnakumar S/o late Sampangi Naidu relating house property HSR Layout, Bangalore.
8. The copy of the sale deed dated 18.06.2014 bearing to Sy. No. 123/5 of Nerluru Village, in favour of Sri. K. Lakshman and his wife Smt. Vanitha.
9. The copy of the Income Certificate dated 31.08.2015 issued by Tahasildar, Bangalore South Taluk, relating to the family income of the respondent No. 1.
10. The copy of the Income Certificate dated 31.08.2015 issued by Tahasildar, Bangalore South Taluk, relating to the family income of the respondent No. 2.
11. The copy of the Pahani extract for the year 2015-16 relating to the land in Sy. No. 123/6, Nerluru Village.
12. The copy of the Pahani extract for the year 2015-16 relating to the land in Sy. No. 123/5, Nerluru Village.
13. The copy of the agricultural Certificate issued by Village Administrative Manyathahalli, Darmapuri Taluk and District.
14. The copy of the Pahani extract for the year 2015-16 relating to the lands in Sy. No. 43 Doddathoguru Village.
Further respondents filed objections stating as follows:
The respondents submits that, the respondents purchased agricultural land bearing Sy. No. 123/5, Nerlur Village, Attibele Hobli, Anekal Taluk, measuring in all about 0-10 guntas of land under a deed of sale dated 18.06.2014.
The respondents further submits that, the respondents is a bona fide agriculturist belonging to is an agricultural family and that the respondents is a holding total measuring of land 1.47 HAC and 50 AR of land bearing Sy. Nos. 812/11, 813/1, 813/4, 813/11, and his holding 0.99 HAS. 50, AR of land bearing in Sy. No. 818/1, 818/2, 113/1, in Manyathahalli Village, Darmapuri Taluk and District held by her family inherited the same.
The respondents further submits that, the respondents family is an a agricultural family and their main source of income is from agricultural the respondents submit that, that respondents not income tax assessee. The 1st respondent father and 2nd respondent father-in-law late Krishnaswamy acquired the total extent of land measuring 1.47 HAS and 50 AR of land was 812/11 and holding 0.99 HAS.50, AR of land bearing Sy. No. 813/1, 813/4, 813/11, 818/1, 818/2, 113/1 in Manyathahalli Village, Darmapuri Taluk and District.
The respondents further submits that, the respondents being a bona fide agriculturist by virtue of being a part of agricultural family holding agricultural land in the state of Tamil Nadu since 1971 and non-agricultural income of the respondent being a less than Rs. 1,60,000/- p.a for a period of 5 years prior to the date of acquisition of the agricultural land.
ORDER
On perusal of documents produced by respondent he has having all qualifications to purchase agricultural land. To establish that he is an agriculturist he has produced several documents which are basically indicates that the respondent and his ancestors hailing from agricultural family and having several agricultural lands in the name of his ancestors. To establish this fact the respondent produced the above listed documents. The above documents clearly establishes that respondent is entitled to purchase agricultural land as himself and his ancestors hails from agricultural family.
On careful examination of the above documents produced by respondent clearly established that he has not violated section 79 A & B Karnataka Land Reforms Act, 1961. With these observations I proceed to pass the following order.
Proceedings initiated by Tahsildar, Anekal Taluk, against respondents in case No. LRF/79(A)(B)/CR/34/2015-16 dated 04.07.2015 in respect of disputed land is hereby dropped as per documents produced by respondent and show cause notice issued by Tahsildar, Anekal Taluk, is hereby set aside. Consequently proceedings under section 79 A & B of Karnataka Land Reforms Act, 1961 in respect of Sy. No. 123/5 measuring 0.10 guntas situated at Neraluru Village, Attibele Hobli, Anekal Taluk, is hereby dropped and accordingly Tahsildar, Anekal Taluk intimated.
“If the respondent submitted any false documents before this authority or before Tahsildar, Anekal Taluk then this order shall stand cancelled without issuing any notice to respondent.”
Notify to the parties.
This order is pronounced in the open court on this, the day of 2015.
(L.C. NAGARAJA)
Assistant Commissioner
Bangalore South Sub Division
Bangalore.