Karnataka High Court
Sankamma vs Manjunath on 22 August, 2023
Author: Suraj Govindaraj
Bench: Suraj Govindaraj
-1-
NC: 2023:KHC:29864
WP No. 12158 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF AUGUST, 2023
BEFORE
THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ
WRIT PETITION NO.12158 OF 2022 (LB-RES)
BETWEEN:
1. SANKAMMA
W/O LATE NINGEGOWDA,
AGED ABOUT 81 YEARS,
2. NINGAMMA
W/O LATE TATTEGOWDA,
AGED ABOUT 71 YEARS,
BOTH ARE R/O SAMBUNATHAPURA VILLAGE,
KASABA HOBLI, ARKALGUDU TALUK,
HASSAN DISTRICT - 577 101.
...PETITIONERS
(BY SRI GIRISH B.BALADARE, ADVOCATE)
AND:
Digitally signed
by
NARAYANAPPA 1. MANJUNATH
LAKSHMAMMA S/O DYAVAJAMMA,
Location: HIGH AGED ABOUT 51 YEARS,
COURT OF
KARNATAKA
2. JAVARAMMA
W/O NINGAIAH,
AGED ABOUT 71 YEARS,
BOTH ARE R/O WARD NO.KOTTE,
MALLIPATTANA ROAD,
ARKALGUDU, ARKALGUDU TALUK,
HASSAN DISTRICT - 573 201.
3. THE EXECUTIVE ENGINEER
KARNATAKA URBAN WATER SUPPLY
-2-
NC: 2023:KHC:29864
WP No. 12158 of 2022
AND DRAINAGE BOARD,
HASSAN - 573 201.
4. THE CHIEF OFFICER
ARKALGUDU TOWN PANCHAYAT,
ARKALGUDU,
HASSAN DISTRICT - 573 201.
5. THE DEPUTY COMMISSIONER,
HASSAN DISTRICT,
HASSAN - 573 201.
...RESPONDENTS
(BY SRI ESHWARA H.H., ADVOCATE R1 & R2;
SRI H.S.SUHAS, ADVOCATE FOR R3;
SRI CHANDRAKANTH R.GOULAY, ADVOCATE FOR R4;
SRI NAVEEN CHANDRASHEKAR, AGA FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE
ANNEXURE-M THAT THE OFFICIAL CORRESPONDENTS LETTER DTD
10.03.2022 ISSUED BY THE CHIEF OFFICER, ARAKALGUD TOWN
PANCHAYAT AT ARKALGUDU BEARING NO.PA.PAM.ARKALGUDU/
KAM.SHA/UGD/2021-22 TO EXECUTIVE ENGINEER KARNATAKA
URBAN WATER SUPPLY AND DRAINAGE BOARD ALTERNATIVELY
CONSIDER THE REPRESENTATION DTD 06.04.2022 BY THE
EXECUTIVE ENGINEER KARNATAKA URBAN WATER SUPPLY AND
DRAINAGE BOARD AS PER ANNEXURE-T AND ETC.,
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. The petitioners are before this Court seeking for the following reliefs:
(a) Issue writ of certiorari or any other appropriate writ, directions or order quashing the Annexure 'M' that the official correspondence letter dated 10-03-2022 issued by the Chief officer, Arakalgud town Panchayat at -3- NC: 2023:KHC:29864 WP No. 12158 of 2022 Arkalgudu bearing No: Pa.Pam Arkalgudu /Kam .Sha/UGD/2021-22 to Executive engineer Karnataka urban water supply and drainage Board alternatively consider the representation dated 06-04-2022 by the Executive engineer Karnataka urban water supply and drainage board as per 'Annexure T' in the interest of justice and equity.
(b) Grant such others relief's as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity.
2. The petitioners claim to be the owners of land in Survey No.67/2 measuring 25 guntas situated in Arkalgudu, Kasaba Hobli. It is their contention that there being an error in podi and durast proceedings, the petitioners are shown as owners in Survey No.67/1 and in that background, the proceedings are pending before the Assistant Director of Land Records (ADLR). Though, the petitioners are shown as owners of land in Survey No.67/2, respondent Nos.1 and 2 have been shown as the owners and in furtherance thereof, respondent No.4 is entering into an agreement of sale with respondent Nos.1 and 2 -4- NC: 2023:KHC:29864 WP No. 12158 of 2022 for purchase of Survey No.67/2 to set up a water treatment plant.
3. In that background, petitioners contends that the sale should not take place, since the petitioners have been vested with right in the property which is to be decided before the ADLR as also in the suit filed by the petitioners in O.S.No.209/2021 on the file of the Civil Judge & JMFC, Arkalgudu.
4. During the pendency of the above matter, respondent No.4 being in urgency to set up the water treatment plant for the benefit of the general public of the said area has come forward to deposit the amounts in interest bearing fixed deposit in the Nationalized Bank till the resolution of the dispute between the petitioners and respondent No.1 and 2. The project shall be implemented by respondent No.3.
-5-
NC: 2023:KHC:29864 WP No. 12158 of 2022
5. In furtherance thereof, the settlement have been arrived at between the petitioners and respondent Nos.1 and 2 to execute the sale deed in respect of Survey No.67/2 in favour of respondent No.4 to enable respondent No.4 to go ahead with the implementation of project on the condition that the amounts in deposit will be released in favour of successful party in both the ADLR proceedings and in the suit. In this regard, the petitioners have filed an affidavit, which reads as under:
"AFFIDAVIT I Sankamma, W/o late Ningegowda, aged about 81 years R/o Sambunathapura village, kasaba Hobli, Arkalgudu Talk Hassan District, today at Bangalore do herby solemnly affirm and state an oath on behalf me and other petitioner as follows,
1. I submit that, I am the petitioner in the above writ petition I am conversant with the facts and circumstances of the case hence I am competent to make this affidavit.
2. I submits that, we have filed the Writ petition by challenging the official correspondent letter dated 10.03.2022 issued by the Chief officer, Arkalgud town Panchayat at Arkalgudu bearing No.Pa.Pam engineer Karnataka urban water supply and drainage Board and alternatively seeking the prayer for consider the representation dated 06.04.2022 by the Executive Engineer Karnataka Urban water Supply and Drainage -6- NC: 2023:KHC:29864 WP No. 12158 of 2022 Board, This Hon'ble court after hearing the matter passed an interim order directing the Respondent No.4 not to release any compensation in favor of Respondent No.1 and 2 in respect of property bearing sy NO. 67/2 of Arkalagudu Village.
3. I submits that, the Respondent No.4 filed an application seeking for vacating of the interim order passed by this Hon'ble court, on the instance of the Respondent No 4 the above Writ Petition was posted for orders and this Hon'ble the after hearing the both parties directed us to file the necessary affidavit with regard to the Execution of the Sale deed with respect to the property which was owned by the petitioners after adjudication of the proceedings between the parties which are pending before Civil Judge and JMFC at Arkalgudu in OS No.209/2021 fled by us for seeking the relief of permanent injunction and the Appeal No.60/2021-22 pending before the Deputy Director of Land Records (DDLR).
4. I submits that, the property belongs to the Respondent No.1 and 2 is very adjacent to our property while conducting the Durast and podi there is an interchange in the podi while bifurcating survey No.67 as 67/1 and 67/2, though we are owner of the property bearing survey No.67 /2 However there being the error in podi and durast proceedings and we have been shown as the owner of the Survey No.67/1 instead of 67/2, though we are in the possession of the 67/2 the ownership of the said property is shown and stands in the name Respondent No.1 and 2. Hence to rectify the said error and mistake committed by the Revenue authorities we have preferred an appeal before the ADLR in Appeal No.60/2021-22 and also filed a suit for seeking the relief of the permanent injunction restraining the respondents herein from interference and alienate the schedule property to the Third parties in OS No.209/2021 pending before the Civil Judge and JMFC at Arkalgudu along with the suit IA filed under order 39 Rule 1 and 2 for seeking the aforesaid relief as an interim prayer said application came to allowed vide order dated 16.08.2021.
5 I submits that, the authorities are proceeded to initiate the project based on the lands in which rights of the parties are not properly determined, hence this Hon'ble -7- NC: 2023:KHC:29864 WP No. 12158 of 2022 court after going through the pendency of the above suits with respect to the property intending to make use for the purpose of Drainage and Sewage project and this Hon'ble court is court is opined that unless and until the both the parties are come out from the controversy with respect to the ownership of the property, either the Respondents No 1 and 2 or us have no absolute right over the subject matter of the property to execute the sale deed in favor of the Respondent No.4 to proceed with the project until controversy between us has to be determined by the court of law in pending disputes as stated above.
6. I submits that, in view of the compliance of the direction of this Hon'ble court we undertaking before this Hon' ble court that, we are agree to execute the sale deed in respect of the property which is required for the project in favour of Respondent No.4 for the very same amount agreed to be sold by the Respondent No.1 and 2 in favor of respondent No.4 as per the amount determined by the District committee on the basis of the extent of land, and we shall execute the sale deed in favor of the Respondent No.4 on the basis of the extent of land for which the absolute right has been determined after adjudication of the pending cases between us in OS No.209/2021 pending before the Civil Judge and JMFC at Arkalgudu and Appeal No.60 /2021-22 pending before the Deputy Director of Land Records(DDLR) and permit the authorities to proceed with the project after execution of the sale deed.
7. I submits that, the above undertake was made by us before this court by way of this affidavit without any coercion or undue influence and we are undertake to comply the direction of this Hon'ble court, if we are succeed in the proceedings which are now pending before the ADLR and Civil court.
8. I submit that averments made in Para 1 to 7 of this undertaking affidavit are true and correct to the best of my knowledge belief and information."-8-
NC: 2023:KHC:29864 WP No. 12158 of 2022
6. Respondents have filed an affidavit which reads as under:
"AFFIDAVIT I Manjunatha, S/o Devajamma, aged about 59 years R/a Aralugudu kote, Upparbedi, Aralugudu Tq, Hassan District, today at Bengalore do hereby solemnly affirm and state on oath as follows.
1. I state that I am the 1st respondent in the above petition and conversant with the facts of the case and hence I am swearing to this affidavit for myself and others.
2. We are the land owners of the land bearing Sy.No.67/2 to the extent of 1 acre 24 guntas situated at Aralugudu Ta, Hassan District being a family property.
3. Sy.No.67/1 to the extent of 1 acre 10 guntas is being claimed as owner / granted land by the petitioner ie, Sankamma.
4. Both of us have given our willingness for sale of the land in Sy.No.67/2 to the extent of 1 acre 24 guntas in favour of the Chief Officer, Arakalugudu for installation / establishment of sewerage plant. We are also willing to sell our land in favour of the Arakalugudu Pattan Panchayath and willing to part with the possession of the land in favour of the Panchayath.
5. The petitioner is unnecessarily raising dispute in respect of our land though they have continued to enjoy their land Sy.No.67/1 to the extent of 1 acre 10 guntas and have filed O.S.No.209/2021 before the Civil Judge Arakalugudu for injunction and appeal before the ADLR in No.60/2021. As per the order by This Hon'ble court made on 3.7.2022. We both nave no objection to deposit the amount towards value of sale consideration of our land to the extent 1 acres 24 guntas in any Nationalized bank along with interest to be released in favour of successful party.-9-
NC: 2023:KHC:29864 WP No. 12158 of 2022
6. In the meanwhile, we have no objection for the respondent No.4 Pattan Panchayath, Arakalugudu to proceed with the installation/ establishment of sewerage plant in the land in question. Hence this affidavit What is stated above is true to the best of my knowledge, information and belief and that this is my true name and signature."
7. The petitioners and respondents having by way of the said affidavits undertaken that they would execute the sale deed in respect of respondent No.4 of lands covered under Survey No.67/2 and they have no objection for implementation of water treatment plant, the above writ petition would stand disposed of in terms of the undertaking affidavit entered into between the petitioners and respondent Nos.1 and 2.
8. All the counsels submit that the sale deed would be executed within a period of three weeks from today and simultaneously, the amount would be deposited in interest bearing fixed deposit in the Nationalized Bank.
- 10 -
NC: 2023:KHC:29864 WP No. 12158 of 2022
9. The said submission is placed on record.
10. The writ petition is disposed of. All pending I.As, do not survive for consideration.
Sd/-
JUDGE PB List No.: 1 Sl No.: 12