Karnataka High Court
Sri. B. Gopal vs Smt. Sombamma on 22 February, 2013
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 22ND DAY OF FEBRUARY 2013
BEFORE:
THE HON'BLE MR. JUSTICE RAM MOHAN REDDY
WRIT PETITION NOs. 6252-60/2011 (KVOA)
C/W
WRIT PETITION NO. 41119/2010 (KVOA)
W.P.6252-60/11
BETWEEN:
1. SRI. B. GOPAL
S/O LATE THIMMARAYA ALIAS BIYA
AGED ABOUT 50 YEARS
R/AT CHANNAKAL VILLAGE
VIA MILANDAHALLI
MALUR TALUK
KOLAR DISTRICT
2. SMT MUNIYAMMA
D/O LATE THIMMARAYA ALIAS BIYA
AGED ABOUT 72 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
3. SMT CHOWDAMMA
W/O LATE MUNIKULLAPPA
AGED ABOUT 58 YEARS
R/AT JAKKASANDRA
A K COLONY, BANGALORE
4. SMT MUNIRATHNAMMA
W/O LATE RAMAIAH
AGED ABOUT 48 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
5. SMT RATHANAMMA
D/O LATE THIMMARAYA ALIAS BIYA
2
AGED ABOUT 58 YEARS
R/AT KADUGODI
A K COLONY, BANGALORE
6. SMT CHINNAMMA
D/O LATE THIMMARAYA ALIAS BIYA
AGED ABOUT 49 YEARS
R/AT GUBBI, A K COLONY,
NEAR HENNUR
BANGALORE NORTH TALUK
7. SMT LAKSHMAMMA
D/O LATE THIMMARAYA ALIAS BIYA
AGED ABOUT 60 YEARS
AVAILABLE AT KUDLU VILLAGE
SARAJAPURA HOBLI
ANEKAL TALUK
8. SMT CHIKKAMUNIYAMMA
D/O LATE THIMMARAYA ALIAS BIYA
AGED ABOUT 59 YEARS
R/AT BELLANDUR
A K COLONY, BANGALORE
9. SRI SHIVAKUMAR S/O B NARAYANAPPA
S/O LATE THIMMARAYA ALIAS BIYA
AGED ABOUT 22 YEARS
AVAILABLE AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK. ... PETITIONERS
(By Sri. REUBEN JACOB & D P MAHESH, ADVOCATES)
AND
1. SMT. SOMBAMMA
D/O LATE MUNITHIMMAIAH
W/O LATE RAMAIAH
AGED ABOUT 60 YEARS
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK,
BANGLAORE URBAN DISTRICT
3
2. SMT JAYALAKSHMAMMA
D/O LATE RAMAIAH
AGED ABOUT 40 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK,
BANGALORE URBAN DISTRICT
3. SRI RAJAPPA
S/O LATE RAMAIAH
AGED ABOUT 38 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK,
BANGALORE URBAN DISTRICT
4. SMT MANJULAMMA
S/O LATE RAMAIAH
AGED ABOUT 36 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK,
BANGALORE URBAN DISTRICT
5. SRI PAPANNA
S/O LATE RAMAIAH
AGED ABOUT 34 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK,
BANGALORE URBAN DISTRICT
6. SRI MUNIRAJU
S/O LATE RAMAIAH
AGED ABOUT 26 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK, BANGALORE URBAN DISTRICT
7. M/S AIR CRAFTS EMPLOYEES CO-OPERATIVE
SOCIETY LTD
REPRESENTED BY ITS SECRETARY
NO.15, 1ST CROSS, C K C GARDEN
OPP BANGALORE INSTITUTE OF ONCOLOGY
4
HOSPITAL, K H ROAD ( DOUBLE ROAD)
BANGALORE-560027
8. SMT H G LAKSHMAMMA
W/O M B RAJU
MAJOR IN AGE
R/AT BESTARA PALYA,
CHAKRABHAVI POST
MADABALU HOBLI,
MAGADI TALUK
RAMANAGARA DISTRICT
9. SRI N MANJUNATH
MAJOR IN AGE,
S/O M NANJUNDAIAH
AT NO.11, 2ND MAIN ROAD
2ND STAGE, VIJAYA NAGAR
BANGALORE
10. SRI G R BYRESH
S/O RAMAPPA
MAJOR IN AGE
AT NO.631, 10TH G MAIN ROAD
6TH BLOCK, RAJAJINAGAR
BANGALORE-560010
11. SRI P LAKSHMIPATHY
S/O PAPAIAH REDDY
MAJOR IN AGE
NO.99, 2ND CROSS
DOMMALUR
BANGALORE-71
12. SRI MUNIYELLAPPA
S/O AJJAPPA
MAJOR IN AGE
R/AT KUDLU VILLAGE
SARJPURA HOBLI
ANEKAL TALUK
13. SRI JAYARAM
S/O THOTTIKALLAMMA
S/O LATE THIMMARAYAA ALIAS BIYA
MAJOR IN AGE, R/AT ARALERI VILLAGE
5
MALUR TALUK
KOLAR DISTRICT
14. SMT NAGARATHNAMMA
D/O LATE THIMMARAYAPPA
AGED ABOUT 42 YEARS
R/AT DOMMALUR
A K COLONY
BANGALORE
15. SMT SAVITHRI
D/O LATE THIMMARAYAPPA
AGED ABOUT 37 YEARS
R/AT NAGARAVARAPALAYA
NEAR SHANIMAHATNMA TEMPLE
BANGALORE
16. SRI VENKATESH
S/O LATE THIMMARAYAPPA
AGED ABOUT 35 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
17. SRI SHIVASHANKARA
S/O LATE THIMMARAYAPPA
AGED ABOUT 33 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
18. SMT MANJULA
D/O LATE THIMMARAYAPPA
AGED ABOUT 29 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
19. THE TAHSILDAR
ANEKAL TALUK
ANEKAL
20. SRI BABU
S/O LATE THIMMARAYAPPA
6
AGED ABOUT 37 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
21. SMT MUNIVENKATAMMA
W/O LATE MUNIKAVERAPPA
AGED ABOUT 62 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE URBAN DISTRICT
22. SRI MUNIYAPPA
S/O LATE MUNIKAVERAPPA
AGED ABOUT 32 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE URBAN DISTRICT
23. SMT MUNIRATHNAMMA
D/O LATE MUNIKAVERAPPA
AGED ABOUT 30 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE URBAN DISTRICT
24. SR MAHADEVA
S/O LATE MUNIRANGAPPA
AGED ABOUT 34 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE URBAN DISTRICT
25. SMT ANJINAMMA
D/O LATE MUNIRANGAPPA
AGED ABOUT 32 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE URBAN DISTRICT
7
26. SRI MUNIRAJU
S/O LATE MUNIRANGAPPA
AGED ABOUT 30 YEARS
R/AT KUDLU VILLAGE
SARJAPURA HOBLI, ANEKAL TALUK
BANGALORE URBAN DISTRICT
... RESPONDENTS
(By Sri : P NARAYANAPPA, ADVOCATE FOR C/R1-6
D L JAGADEESHA FOR, ADVOCATE FOR R7, 9 & 10
P R PRASANNA KUMAR, ADVOCATE FOR R12
G S JAGADEESH, ADVOCATE FOR R21-26
ZULFIKIR KUMAR SHAFI, ADVOCATE FOR R14-18
H T NARENDRA PRASAD, GA FOR R19
R11 & R13 ARE SERVED & R8 - NOT SERVED)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO
CALL FOR THE RECORDS AND QUASH THE ORDER
DATED 13.12.2010 PASSED IN M.A.NO.26/10 BY THE
COURT OF II ADDITIONAL DISTRICT JUDGE, BANGALORE
RURAL DISTRICT, BANGALORE VIDE ANNEX-A TO THE
W.P.
W.P.41119/10
BETWEEN
1. SMT. SOMBAMMA
AGED 60 YEARS
D/O LATE MUNITHIMMAIAH
W/O LATE RAMAIAH
2. SMT JAYALAKSHMAMMA
AGED 40 YEARS
D/O LATE RAMAIAH
3. SRI RAJAPPA
AGED 38 YEARS
S/O LATE RAMAIAH
8
4. SMT. MANJULAMMA
AGED ABOUT 36 YEARS,
D/O LATE RAMAIAH,
5. SRI. PAPANNA
AGED ABOUT 34 YEARS,
S/O LATE RAMAIAH,
6. SRI. MUNIRAJU
AGED ABOUT 29 YEARS,
S/O LATE RAMAIAH,
PETITIONERS 1 TO 6 ARE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK,
BANGALORE URBAN DISTRICT. ... PETITIONERS
(By Sri. P NARAYANAPPA, ADVOCATE)
AND
1. M/S AIR CRAFTS EMPLOYEES'
CO-OPERATIVE SOCIETY LTD
REPRESENTED BY ITS SECRETARY
NO.15, 1ST CROSS, C.K.C GARDEN
OPP. BANGALORE INSTITUTE OF
ONCOLOGY HOSPITAL
K.H ROAD, (DOUBLE ROAD)
BANGALORE
2. SMT H G LAKSHMAMMA
W/O M B RAJU, MAJOR IN AGE,
R/AT BESTARA PALYA,
CHAKRABHAVI POST, MADABALU HOBLI,
MAGADI TALUK,
RAMANAGARAM DISTRICT
3. SRI N MANJUNATH
MAJOR IN AGE,
S/O M NANJUNDAIAH
AT NO.11, 2ND MAIN ROAD,
9
2ND STAGE, VIJAY NAGAR,
BANGALORE
4. SRI G R BYRESH
MAJOR IN AGE,
S/O RAMAPPA
AT NO.631, 10TH G MAIN ROAD,
6TH BLOCK, RAJAJINAGAR,
BANGALORE 560 010
5. SRI P LAKSHMIPATHY
MAJOR IN AGE,
S/O PAPAIAH REDDY
NO.99, 2ND CROSS,
DOMMALUR,
BANGALORE 71
6. SRI MUNIYELLAPPA
S/O AJJAPPA
MAJOR IN AGE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK
7. SRI B GOPAL
S/O LATE TAHIMMARAYA ALIAS BIYA
MAJOR IN AGE
R/AT CHANNAKAL VILLAGE,
VIA MILANDAHALLI,
MALUR TALUK, KOLAR DISTRICT
8. SMT MUNIYAMMA
D/O LATE THIMMARAYA ALIAS BIYA
MAJOR IN AGE
AVALIBLE AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK
9. SMT CHOWDAMMA
W/O LATE MUNIKALLAPPA
MAJOR IN AGE
R/AT JAKKASANDRA
A K COLONY,
BANGALORE
10
10. SMT MUNIRATHNAMMA
W/O LATE RAMAIAH
MAJOR IN AGE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK
11. SMT RATHNAMMA
D/O LATE THIMMARAYA ALIAS BIYA
MAJOR IN AGE
R/AT KUDLU VILLAGE,
A K COLONY, BANGALORE
12. SMT CHINNAMMA
D/O LATE THIMMARAYA ALIAS BIYA
MAJOR IN AGE
R/AT GUBBI,
A K COLONY, NEAR HENNUR,
BANGALORE NORTH TALUK
13. SMT LAKSHMAMMA
D/O LATE THIMMARAYA ALIAS BIYA
MAJOR IN AGE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK
14. SRI JAYARAM
S/O THOTTIKALLAMMA
MAJOR IN AGE
R/AT ARALERI VILLAGE,
MALUR TALUK,
KOLAR DISTRICT
15. SMT CHIKKAMUNIYAMMA
D/O LATE TAHIMMARAYA ALIAS BIYA
MAJOR IN AGE
R/AT BELLANDUR
A K COLONY
BANGALORE
16. SRI SHIVAKUMAR
S/O B NARAYANAPPA
MAJOR IN AGE
AVAILABLE AT KUDLU VILLAGE,
11
SARJAPURA HOBLI,
ANEKAL TALUK
17. SMT NAGARATHNAMMA
D/O LATE THIMMARAYAPPA
MAJOR IN AGE
R/AT DOMMALUR
A K COLONY, BANGALORE
18. SMT SAVITHRI
D/O LATE THIMMARAYAPPA
MAJOR IN AGE
R/AT NAGARAVARAPALYA,
NEAR SHANIMAHATMA TEMPLE,
BANGALORE
19. SRI VENKATESH
S/O LATE THIMMARAYAPPA
MAJOR IN AGE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK
20. SRI SHIVASHANKARA
S/O THIMMARAYAPPA
MAJOR IN AGE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK
21. SMT MANJULA
D/O THIMMARAYAPPA
MAJOR IN AGE
R/AT KUDLU VILLAGE,
SARJAPURA HOBLI,
ANEKAL TALUK
22. THE TAHSILDAR
ANEKAL TALUK,
ANEKAL
23. SRI BABU
S/O LATE THIMMARAYAPPA
MAJOR IN AGE
12
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
24. SMT MUNIVENKATAMMA
W/O LATE MUNIKAVERAPPA
AGED 62 YEARS
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT
25. SRI MUNIYAPPA
AGED 32 YEARS
S/O LATE MUNIKAVERAPPA
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT
26. SMT MUNIRATHNAMMA
AGED 30 YEARS
D/O LATE MUNIKAVERAPPA
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT
27. SRI MAHADEVA
AGED 34 YEARS
S/O LATE MUNIRANGAPPA
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT
28. SMT ANJINAMMA
AGED 32 YEARS
D/O LATE MUNIRANGAPPA
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT
13
29. SRI MUNIRAJU
AGED 30 YEARS
S/O LATE MUNIRANGAPPA
R/AT KUDLU VILLAGE,
SARJAPURA HBOLI,
ANEKAL TALUK
BANGALORE URBAN DISTRICT ... RESPONDENTS
(By Sri : D L JAGADEESHA FOR, ADVOCATE
FOR R1, 3 & 4
G S JAGADEESH, ADVOCATE FOR R24-29
ZULFIKIR KUMAR SHAFI,
ADVOCATE FOR R17, 21 & 23
H T NARENDRA PRASAD, GA FOR R22
R2, 5 & 6 ARE SERVED)
----
THIS WRIT PETITION IS FILED UNDER ARTICLE 226
OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
PORTION OF IMPUGNED ORDER BEARING NO.MA.26/10
THAT IS ADVERSE ORDER AGAINST TO THE PETITIONERS
FROM SECOND PARA OF THE ORDER PORTION IN PAGE
NO.38 TO PAGE NO.40 IN THE ORDER PORTION
DT.13.12.10 PASSED BY THE II ADDL. DIST. & SESSIONS,
JUDGE RURAL DIST. AT BANGALORE, VIDE ANN-AT.
THESE WRIT PETITIONS ARE COMING ON FOR
ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Since common question of law and that of fact arises for decision making, with consent of the learned Counsel for the parties, petitions are clubbed together, finally heard and are disposed of by this order.
2. Petitioners in W.P.NOs.6252-6260/2011 and petitioners in W.P.No.41119/2010 claim to be the legal 14 representatives of deceased Thimmarayappa @ Biya, the original barawardar of the immovable property in question.
3. The Tahsildar having re-granted the lands in question in favour of petitioners in W.P.NOs.6252- 6260/2011 under the Karnataka Village Officers Abolition Act, 1961( for short 'the KVOA Act') the order when called in question in an appeal filed by the petitioners in W.P.No.41119/2010 was allowed and the matter remitted for consideration fresh before the Tahsildar, who on remand on an erroneous construction of the law, decided who amongst the petitioners, in both the writ petitions, were the legal representatives of the deceased barawardar and accordingly re-granted the land in favour of the petitioners in W.P.NOs.6252-6260/2011. That order when called in question in M.A.No.26/2010 before the II Additional District Judge, Bangalore Rural District, Bangalore was set aside by order dated 13.12.2010 - Annexure-A while directing the petitioners in both the writ petitions to approach the Civil Court for a 15 declaration over their legal heirship to the lands in question through the barawardar. Hence, W.P.NOs.6252-6260/2011 calling in question that portion of the order in M.A.No.26/2010 setting aside the order of the Tahsildar while W.P.No.41119/2010 is filed insofar as the direction to approach the Civil Court for a declaration of the legal heirship.
4. The District Judge having regard to the authoritative pronouncements of this Court in BASAVANNI SHANKAR AMMANAGI VS SMT.
KESHAVVA AND OTHERS reported in ILR 2002 KAR 581 holding that in case of a dispute regarding succession between the contesting parties, Tahsildar is not competent to decide as to who are the legal heirs of the deceased, which could be adjudicated only in the Court of competent jurisdiction, accordingly allowed the appeal and directed the parties to the Civil Court for necessary declaration of their legal heirship. Thus the Tahsildar who had no jurisdiction and competence to decide as to whether it was the petitioners in W.P.Nos.6252-6260/2011 or the petitioners in 16 W.P.No.41119/2010 who were the legal heirs of the deceased barawardar could not have ordered re-grant of the lands in question in favour of the petitioners in W.P.Nos.6252-6260/2011, while he ought to have referred the parties to the Civil Court for necessary declaration of their legal heirship and having not done so, the District Judge was fully justified in setting aside the order of re-grant by the Tahsildar and directing the parties to Civil Court for declaration of their legal heirship of the deceased barawardar and thereafter to file an application for regrant of land.
5. Learned Counsel for the parties are unable to get over the principle of law laid down in the aforesaid decision. Writ petitions devoid of merits are dismissed. The entries in the revenue records are directed to be maintained without effecting any change until disposal of the dispute over legal heirship as between the petitioners.
6. In the light of the order dated 8.2.2011 in W.P.NO.41119/2010 staying until further orders, the 17 direction of the District Judge in M.A.No.26/2010, to the petitioners therein to approach the Civil Court in respect of legal heirship, learned Counsel for the petitioners submits that petitioners would approach the Civil Court within three months from today and on failure, learned Counsel for the petitioners in W.P.Nos.6252-6260/2011 submits that those petitioners would in comply with the order in MA.NO.26/2010. If such a proceeding is initiated by any of the petitioners. It is needless to state that in the circumstances, the Civil Court is directed to conclude the proceedings as expeditiously as possible.
Sd/-
JUDGE sh