Karnataka High Court
Sri. Radhakrishna Reddy vs The State Of Karnataka on 16 November, 2017
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF NOVEMBER 2017
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION NOS.59273-59275/2016 (KLR-RR/SUR)
C/W WRIT PETITION NO.57719/2016 (LR-RES)
C/W WRIT PETITION NOS.62963/2016
& 63011-63012/2016(KLR-RR/SUR)
C/W WRIT PETITION NOS.53-57/2017(KLR-RR/SUR)
W.P.NOs.59273-275/2016
BETWEEN
1. SRI. RADHAKRISHNA REDDY
AGED ABOUT 41 YEARS
S/O LATE CHIKKATHAYAPPA REDDY
2. SRI BALAKRISHNA REDDY
AGED ABOUT 38 YEARS
S/O LATE CHIKKATHAYAPPA REDDY
3. SRI RAVI KUMAR
AGED ABOUT 33 YEARS
S/O LATE CHIKKATHAYAPPA REDDY
THE PETITIONERS 1 TO 3 ARE
RESIDING AT CHOKKANAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU-560064 ... PETITIONERS
(BY SRI SHANKAR REDDY.C, ADVOCATE)
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AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
M S BUILDING
BENGALURU-01
2. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU DISTRICT
(BENGALURU NORTH(ADDL) TALUK
INCHARGE, BENGALURU
KANDAYA BHAVANA
BENGALURU-560009
3. SRI MUNIRAJA REDDY
AGED ABOUT 71 YEARS
S/O RAMA REDDY
R/A CHOKKANAHALLY VILLAGE
YELAHANKA HOBLI
BENGALURU-560064
4. THE SPECIAL TAHSILDAR
BENGALURU NORTH(ADDITIONAL) TALUK
YELAHANKA
BENGALURU-560064
5. SMT LAKSHMI
AGED ABOUT 36 YEARS
D/O LATE CHIKKATHAYAPPA REDDY
W/O JAGADEESH REDDY
RESIDING AT HOODI VILLAGE
NEAR WHITEFIELD
K R PURAM HOBLI
BENGALURU EAST TALUI
BENGALURU-560048
6. SMT KAMALAMMA
AGED ABOUT 45 YEARS
D/O LATE CHIKKATHAYAPPA REDDY
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W/O GANESH REDDY
R/O KAVALA HOSAHALLI VILLAGE
ANEKAL TALUK
BENGALURU URBAN DISTRICT
BENGALURU-562106
7. SMT. RAJAMMA
AGED ABOUT 48 YEARS
D/O LATE CHIKKATHAYAPPA REDDY
W/O KRISHNA REDDY
KYLASANAHALLI VILLAGE
K R PURAM HOBLI
BENGALURU EAST TALUK
PIN CODE:560049
8. SRI KRISHNAPPA
AGED ABOUT 68 YEARS
S/O LATE APPAJAPPA
R/A CHOKKANAHALLI VILLAGE
YELAHANKA HOBLI
BENGLAURU NORTH TALUK
PIN CODE:560063
9. SMT GOWRAMMA
AGED ABOUT 56 YEARS
W/O KALLAPPA
R/A KALLAPPA LAYOUT
AMRUTHAHALLI
YELAHANKA HOBLI
BENGLAURU NORTH TALUK
BENGALURU-560064 ... RESPONDENTS
(BY SRI KIRANKUMAR.T.L, AGA FOR R1, R2 & R4
SRI M.M.PRASHANTH, ADVOCATE FOR R8
SRI S.M.CHANDRASHEKAR, SR. COUNSEL FOR
SRI P.M.NARAYANASWAMY, ADVOCATE FOR R9
SRI H.R.ANANTA KRISHNAMURTHY, ADVOCATE FOR R3,
R6 & R7 ARE SERVED)
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WRIT PETITION NOs.59273-59275/2016 ARE FILED
UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF
INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED
30.08.2016 PASSED IN CASE NO.RRT(2) CR 32 AND
32A/2001-2002 [PART-I] MADE BY R-2 AT ANNEXURE-Q TO
THIS W.P. AND ALLOW THE CLAIMS MADE BY THE
PETITIONERS HEREIN IN THE SAID PROCEEDINGS AND
ETC.,
W.P.NO.57719/2016
BETWEEN
SRI MUNIRAJA REDDY
S/O SRI RAMAREDDY
HINDU, AGED ABOUT 60 YEARS
R/AT CHOKKANAHALLY VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK ... PETITIONER
(BY SRI H.R.ANANTHA KRISHNA MURTHY, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS SECRETARY TO REVENUE DEPARTMENT
REVENUE DEPARTMENT
M S BUILDING
BENGLAURU-560 001
2. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU NORTH (ADDL) TALUK
BENGALURU-560 001
3. THE TAHSILDAR
BENGALURU NORTH (ADDL) TALUK
YELAHANKA TOWN
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BENGALURU-560 064
4. SRI ASHWATH REDDY
S/O MUNISWAMY REDDY
AGED ABOUT 66 YEARS
R/AT CHOKKANAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 064
5. SMT MUNILAKSHMAMMA
W/O LATE MUNIANJANAPPA
R/AT CHOKKANAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 064
6. SMT. ANJINAMMA
W/O LATE LINGAPPA
R/AT CHOKKANAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 064
7. SRI C K JAFFER SHERIFF
FATHERS NAME NOT KNOWN TO PETITIONER
MAJOR
R/AT NO.46
HAINES ROAD, COX TOWN
BENGALURU-560 001
8. SMT GOWRAMMA
W/O SRI KALAPPA
AGED ABOUT 46 YEARS
R/AT KALLAPPA LAYOUT
AMRUTHAHALLI
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 064
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9. SRI RADHA KRISHNA REDDY
S/O LATE CHIKKATHAYAPPA REDDY
AGED ABOUT 41 YEARS
R/AT CHOKKANAHALLI VILLAGE
YELAHANKA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560 064
10. SRI FAROQ AHMED
FATHER NAME NOT KNOWN TO PETITIONERS
AGED ABOUT 58 YEARS
R/AT NO.31, 3RD CROSS
KRISHNAMMA GARDEN
ANJANEYA BLOCK
NEAR AQSA MASZID
J C NAGAR
BENGALURU-560136
11. SRI K R SUDHIR
S/O SRI K N RAMASWAMY
AGED ABOUT 35 YEARS
R/AT HANUMANAHALLI
MARALAVADI POST
KANAKAPURA TALUK
BENGALURU - 560 121
12. KRISHNAPPA
S/O LATE AJJAPPA
R/AT CHOKKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BANGALORE NORTH TALUK
BANGALORE-560 064 ... RESPONDENTS
(BY SRI KIRAN KUMAR.T.L, AGA FOR R1 TO R3
SRI M.G.S.KAMAL, ADVOCATE FOR R7
SRI S.M.CHANDRASHEKAR SR.COUNSEL FOR
SRI P.M.NARAYANASWAMY, ADVOCATE FOR R8
SRI M.M.PRASHANTH, ADVOCATE FOR R12
R9 & R10 ARE SERVED)
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WRIT PETITION NO.57719/2016 IS FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE ORDER PASSED DTD.30.8.2001
VIDE ANNEXURE-A DIRECTING TO SURVEY TO BE HELD
AND ENTRIES TO BE MADE IN THE NAME OF KRISHNAPPA
AND GOWRAMMA TO AN EXTENT OF 3 ACRES 19 GUNTAS
AND 3 ACRES 16 GUNTAS RESPECTIVELY AND ETC.,
W.P.NOS.62963/2016 & 63011-63012/2016
BETWEEN
1. SRI N RAJA REDDY
S/O LATE NARAYANA REDDY,
AGED ABOUT 68 YEARS,
2. Y ASHWATH
S/O YARAPPA
AGED ABOUT 43 YEARS,
3. SRI B. KADRELAKAPPA
S/O BYLAPPA
AGED ABOUT 55 YEARS,
ALL ARE RESIDENTS OF
CHOKKANAHALLI VILLAGE,
JAKKUR POST, YELANKA HOBLI,
BANGALORE 560064 ... PETITIONERS
(BY SRI VINOD PRASAD, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY ITS SECRETARY TO REVENUE DEPARTMENT
M .S.BUILDING
BANGALORE -560 001
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2. SPECIAL DEPUTY COMMISSIONER -I
BANGALORE NORTH SUB-DIVISION
BANGALORE - 560 009
3. SMT. GOWRAMMA
W/O KALLAPPA
43 YEARS,
R/AT. KALLAPPA LAYOUT,
AMRUTHAHALLI, YELAHANKA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE - 562 123.
4. SRI KRISHNAPPA
S/O LATE APPAJAPPA
R/AT CHOKKANAHALLI VILLAGE,
YELAHANKA HOBLI,
BANGALORE NORTH
BANGALORE -562 123 ... RESPONDENTS
(BY SRI KIRAN KUMAR, AGA FOR R1 & R2,
SRI S.M.CHANDRASHEKAR, SR.COUNSEL
FOR SRI P.M.NARAYANASWAMY, ADVOCATE FOR R3)
WRIT PETITION NOS.62963/2016 & 63011-63012/2016
ARE FILED UNDER ARTICLES 226 AND 227 OF THE
CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
PASSED BY THE SPECIAL DEPUTY COMMISSIONER-I,
BANGALORE NORTH SUB-DIVISION, DATED 30.08.2016 IN
NO.RRT(2)CR-32 & 32-A/2001-02 (PART-I) IN FAVOUR OF R-3
& 4 AND ETC.,
W.P.NOS.53-57/2017
BETWEEN
1. ASWATHA REDDY
S/O MUNISWAMY REDDY,
AGED ABOUT 65 YEARS,
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2. SMT. MUNILAKSHMAMMA
W/O LATE MUNIANJANAPPA,
AGED ABOUT 68 YEARS,
3. SRI. RAMANJINAPPA
S/O LATE MUNIANJANAPPA,
AGED ABOUT 41 YEARS,
4. SMT. ANJINAMMA
W/O LATE LINGAPPA
AGED ABOUT 70 YEARS,
5. SRI. MANJUNATHA
S/O LATE LINGAPPA
AGED ABOUT 39 YEARS,
PETITIONERS 1 TO 5 ARE
RESIDING AT CHOKKANAHALLI VILLAGE,
JAKKUR POST,
YELAHANKA HOBLI,
BANGALORE NORTH TALUK
BANGALORE-560064 ... PETITIONERS
(BY SRI VIJAYA KUMAR .K, ADVOCATE)
AND
1. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT,
BANGALORE-560 009
2. THE TAHSILDAR
BANGALORE NORTH TALUK
BANGALORE-560 009
3. SRI. KRISHNAPPA
S/O APPAJAPPA,
AGED ABOUT 60 YEARS,
R/A CHOKKANAHALLI VILLAGE,
YELAHANKA HOBLI,
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BANGLAORE NORTH TALUK
BANGALORE-560064
4. SMT. GOWRAMMA
W/O KALLAPPA,
AGED ABOUT 46 YEARS,
R/A KALLAPPA LAYOUT,
AMRUTHALLI,
YELAHANKA HOBLI,
BANGALORE NORTH TALUK
BANGALORE-560064 ... RESPONDENTS
(BY SRI T.L.KIRAN KUMAR, AGA FOR R1 & R2,
SRI M.M.PRASHANTH, ADVOCATE FOR R3,
SRI S.M.CHANDRASHEKAR, SR. COUNSEL AND
SRI P.M.NARAYANASWAMY, ADVOCATE FOR R4)
WRIT PETITION NOS.53-57/2017 ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO QUASH THE DATED 30.08.2016 PASSED BY R-1
AT ANNEXURE-A HOLDING THE SAME AS ILLEGA,
IRREGULAR AND ETC.,
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING IN 'B' GROUP THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
These four batch of writ petitions are filed challenging the order of Special Deputy Commissioner, Bangalore District (Bangalore North (Additional) Taluk), Bangalore in No.RRT (2) CR 32 and 32A/2001-2002 (Part I) dated
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30.8.2016 in deciding the rights of one Krishnappa s/o late Appajappa and Gowramma w/o Kallappa with reference to their right to an extent of 6 acres 33 guntas in land bearing Sy.No.75/4 of Chokkanahalli village, Yelahanka Hobli, Bangalore North Taluk, who are common respondents in all the four batch of writ petitions.
2. Writ Petition Nos.59273-275, 57719 of 2016 and 53-57 of 2017 are by the persons, who claim themselves to be the grantees in respect of certain extent of lands in Sy.No.75/4. However, Writ Petition No.62963 of 2016 is by some of the residents of Chokkanahalli village, who are claiming the land in Sy.No.75/4 as Gomal land, which is available for the benefit of villagers of Chokkanahalli village. They are before this Court challenging the order of Special Deputy Commissioner in favour of Krishnappa and Gowramma. Since their status as respondents being different in each batch of the writ petitions, in this order they are referred to as the 'beneficiaries under the order impugned'.
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3. The undisputed facts leading to these four batch of writ petitions are as under:
The land bearing Sy.No.75/4 of Chokkanahalli village, Yelahanka Hobli, Bangalore North Taluk, measures in all 21 acres 19 guntas, which includes 1 acre of 'B' kharab. The beneficiaries under the order impugned, namely Krishnappa and Gowramma are claiming ownership to an extent of 6 acres 33 guntas in aforesaid land. According to them, the father of Krishnappa, namely Appajappa was the grantee to an extent of 6 acres 33 guntas in aforesaid land on 15.2.1965. According to Krishnappa, he sold 3 acres 16 guntas of land out of 6 acres 33 guntas in favour of one Smt.Gowramma under registered sale deed dated 23.7.1999 and retained 3 acres 17 guntas for himself. It is also stated by him that mutation entry is registered in the name of Krishnappa vide MR.No.789/1980-81 initially for 6 acres 33 and subsequently vide MR.No.19/2000-2001 the name of Smt.Gowramma is included to an extent of 3 acres 16 guntas.
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4. It is seen that certain doubts were raised regarding the genuineness of grant in favour of the father of Krishnappa, namely Appajjappa. Therefore, on the basis of said doubts which were raised, proceedings were commenced in holding an enquiry under Section 136(3) of the Karnataka Land Revenue Act, 1964, before the Special Deputy Commissioner specifically appointed pursuant to a notification issued by the Government in No.RD.711.LGB 2009(P), dated 4.6.2010, to go in to the correctness or otherwise of the grant in favour of Appajappa, namely father of Krishnappa. Similarly, there are other 16 persons claiming grant to certain extents of land in Sy.No.75/4 who are said to have secured title to said extent on the basis of re-grant made under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, from the erstwhile Jodidars of the village, to whom according to them the lands belong to. In the meanwhile, it is seen that few representatives of the villagers have raised objection to the aforesaid claim on the premise that the revenue records
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pertaining to land bearing Sy.No.75/4 for long time reflected the same as Government Gomal land, which is in possession and enjoyment of the villagers of Chokkanahalli and as such, it was never a Jodi Inam land.
5. Therefore, what is required to be decided by the Special Deputy Commissioner in the proceedings which is initiated in No.RRT(2)CR 32 and 32A/2001-2002 (Part I) is to look in to the claim of 16 persons, which includes the claim of both Krishnappa and as well as Gowramma, beneficiaries under the order impugned and to decide whether the land in question, namely land bearing Sy.No.75/4 is Government Gomal land or in other words it is a Jodi Inam land of Chokkanahalli, in which 16 persons, who are claiming occupancy right to several extents of land have secured such right in their favour.
6. It is seen that when the aforesaid RRT proceeding was taken up by the Special Deputy Commissioner, he has proceeded to decide the claim of Krishnappa and Gowramma independently and declared that their claim is genuine, they
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should be declared as absolute owners and should be registered as kathedars by mutating the extent standing in their name in Sy.No.75/4 on the basis of grant in favour of Appajappa, father of Krishnappa and subsequently on the basis of sale deed in favour of Gowramma. Being aggrieved by the said order other persons who are also before the very same authority, namely Special Deputy Commissioner seeking to accept the alleged occupancy right, which is said to have been granted in their favour under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, with reference to the extents of land shown as against their name in the applications submitted by them and in respect of which they have already secured revenue records, are seeking a finding to register themselves as kathedars to the extents shown against them in the revenue records.
7. Incidentally, when the total extent of land which is claimed by all 16 persons is looked in to, it exceeds 21 acres 19 guntas of total extent of land available in Sy.No.75/4 of Chokkanahalli, obviously indicating that all the claims are
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not genuine. When such basic doubt having arisen regarding the correctness or otherwise of some of the entries standing in the name of some of the persons, who are also petitioners in these batch of writ petitions before this Court, this Court feel that the conduct of Special Deputy Commissioner in taking up the claim of Krishnappa separately and adjudicating upon that and declaring the grant in favour of Krishnappa's father, namely Appajappa and consequently, accepting the sale deed of 50% of land in favour of Gowramma is sheer negligence and also opposed to the procedure in conducting enquiry, which is pending before him in aforesaid RRT proceedings. In that view of the matter, this Court feel that it is appropriate in the facts and circumstances to quash the order impugned passed by the Special Deputy Commissioner.
8. Accordingly, the order dated 30.8.2016 passed in No.RRT(2)CR 32 and 32A/2001-2002 (Part I) is hereby quashed and the said proceeding is remanded to the Special
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Deputy Commissioner, Bangalore District (Bangalore North (Additional) Taluk, to decide the same in entirety in one-go by taking all the applications in to consideration and to decide how many claims of them are genuine and how many are fake. If he finds that all of them are fake it is open for him to give such a finding, if some of them are fake and some of them are genuine, then it is open for him to pass a detailed order in such a manner that in his order reason should be assigned for rejecting the claim of some persons and accepting the claim of others after affording sufficient opportunity of hearing to all the parties before him. It is made clear that the remanded matter shall be taken up by him on 11.12.2017 and on that day, all the parties shall voluntarily appear before the Special Deputy Commissioner without waiting for any notice.
9. It is also made clear that while disposing of the remanded matter, the Special Deputy Commissioner shall follow the directions issued by the Division Bench of this
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Court in WP.No.12768/2013, disposed of on 24.6.2014, wherein liberty is given to refer any of the documents in which he finds that the same is required to be referred to Karnataka Government Forensic Laboratory, Bangalore, for clarification as to whether they are genuine or otherwise. The said option should also be exercised by him before deciding the correctness or otherwise of the said documents. It is further made clear that the entire exercise shall be completed by the Special Deputy Commissioner within nine months from 11.12.2017.
10. Accordingly, these batch of writ petitions are disposed of. It is made clear that while disposing off these batch of writ petitions this Court has not expressed any opinion regarding merits or demerits of any of the claims which are pending before the Special Deputy Commissioner with reference to their rights in seeking occupancy right. It is open for the Special Deputy Commissioner to independently assess each of the claims on the basis of the
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documents, which are placed before him and if necessary by subjecting them to forensic inspection, as referred to supra.
The pending applications in these batch of writ petitions stand disposed of in view of the disposal of main writ petitions.
Sd/-
JUDGE nd/-