Smt Lakshmamma W/O Late Ningaiah vs Deputy Commissioner on 15 February, 2013

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Karnataka High Court

Smt Lakshmamma W/O Late Ningaiah vs Deputy Commissioner on 15 February, 2013

Bench: H.N. Nagamohan Das

                              1




     IN THE HIGH COURT OF KARNATAKA AT BANGALORE

       DATED THIS THE 15TH DAY OF FEBRUARY, 2013

                          BEFORE

     THE HON'BLE MR. JUSTICE H.N. NAGAMOHAN DAS

     W.P.Nos. 2770/2012 & 17272-17276/2012 (SC-ST)

BETWEEN :
--------------
1. Smt LAKSHMAMMA
    W/O LATE NINGAIAH
    AGED ABOUT 67 YEARS

2. Sri CHIKKAVEERAIAH
   S/O LATE NINGAIAH
   AGED ABOUT 51 YEARS

3. HUCHAIAH
   S/O LATE NINGAIAH
   AGED ABOUT 49 YEARS

4. SHIVAPPA
   S/O LATE NINGAIAH
   AGED ABOUT 46 YEARS

5. MAHALINGAIAH
   S/O LATE NINGAIAH
   AGED ABOUT 44 YEARS

6. BORAIAH
   S/O LATE NINGAIAH
   AGED ABOUT 38 YEARS
                              2




   ALL ARE RESIDENTS OF
   DODDAGANGAWADI VILLAGE
   AND POST, KOOTGAL HOBLI,
   RAMANAGARAM TALUK
   AND DISTRICT.                 ...PETITIONERS

(By Sri. R. NATARAJ, ADV.)

AND :
-------

1. DEPUTY COMMISSIONER
   RAMANAGARA DISTRICT
   RAMANAGAR.

2. ASSISTANT COMMISSIONER
   RAMANAGARA DISTRICT
   RAMANAGAR.

3. Smt NINGAMMA
   W/O LATE SANNAIAH
   MAJOR.

4. APPAJI
   S/O LATE SANNAIAH
   MAJOR.

5. Sri GANGAIAH
   S/O LATE SANNAIAH
   MAJOR.

6. Sri GANGAIAH
   S/O LATE SANNAIAH
   MAJOR.
                                       3




7. CHIKKAVEERAIAH
   S/O APPAJIGOWDA
   MAJOR.

 RESPONDENT Nos.3 TO 7
 ARE RESIDENTS OF
 DODDAGANGAWADI VILLAGE
 AND POST, KOOTGAL HOBLI,
 RAMANAGARAM TALUK
 AND DISTRICT.                                   ... RESPONDENTS

(By Sri. M.G.ANJAN MURTHY, GP FOR R1 & 2
    R3-R7 ARE SERVED )
                            ---
      THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
WITH A PRAYER TO QUASH THE ORDER DATED 31.12.2004
PASSED BY R2 VIDE ANNEXURE-B AND ETC.

     THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING-'B' GROUP THIS DAY, THE
COURT PASSED THE FOLLOWING;

                             ORDER

In these writ petitions the petitioners have prayed for a writ in the nature of certiorari to quash the order dated 31.12.2004 - Annexure B and the order dated 29.09.2010 - Annexure C.

2. The petitioner suffered an order as per Annexure B dated 31.12.2004 under the Karnataka Schedule Caste Schedule Tribe 4 (Prevention of Transfer of Certain Properties) Act. Aggrieved by this order the petitioner filed an appeal before respondent No. 1 - Deputy Commissioner. Under the impugned order dated 29.09.2010 the appeal came to be dismissed for non-prosecution. Therefore the petitioner is before this Court.

3. A perusal of the order sheet as per Annexure C specifies that from 04.03.2009 to 28.07.2010 the case was adjourned on account of non-sitting of the Presiding Officer. Suddenly on 29.09.2010 the Presiding Officer conducts sitting and dismisses the appeal for non-prosecution. The explanation of the petitioners for their absence on the relevant dates appears to be reasonable. One more opportunity is to be provided to the petitioners.

4. For the reasons stated above, the following;

ORDER i. Writ petitions are hereby allowed.

ii. The impugned order dated 29.09.2010 is hereby set aside. 5 iii. The appeal filed by the petitioner in appeal No. LND/SC:ST/Appeal 5/07-08 is restored on the file of respondent No. 1. The matter is remanded to respondent No.1 for fresh disposal in accordance with law after providing an opportunity to both the parties.

iv. Both the parties are hereby directed to appear before respondent No.1 on 15.03.2013 and within three months thereafter respondent No.1 to decide the appeal in accordance with law on merits.

Sd/-

JUDGE.

LRS.

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