Sri. Srinivasa Gowda vs Sri B E Gudegowda on 27 September, 2012

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Karnataka High Court

Sri. Srinivasa Gowda vs Sri B E Gudegowda on 27 September, 2012

Bench: B.S Patil

                            -1-

 IN THE HIGH COURT OF KARNATAKA AT BANGALORE

        DATED THIS THE 27TH DAY OF SEPTEMBER 2012

                       BEFORE
           THE HON'BLE MR. JUSTICE B.S PATIL

            WP Nos.22150 & 39617/2012 (KLR-Res)

BETWEEN :

1 SRI. SRINIVASA GOWDA
AGED ABOUT 56 YEARS
S/O LATE KOTE SONNAPPA
R/A BANGAWADI VILLAGE,
KASABA HOBLI,
SRINIVASAPURA TALUK,
KOLAR DIST.

2 SRI. NACHE GOWDA
AGED ABOUT 42 YEARS
S/O LATE KOTE SONNAPPA
R/A BANGAWADI VILLAGE,
KASABA HOBLI,
SRINIVASAPURA TALUK,
KOLAR DIST.                                ...PETITIONERS

                    ( By Sri. H SURESH )

AND :


1 SRI B E GUDEGOWDA
S/O LATE EREGOWDA
AGED ABOUT 65 YEARS,
R/A BANGAWADI VILLAGE,
KASABA HOBLI,
SRINIVASAPURA TALUK,
KOLAR DIST.
                                  -2-

2 THE DEPUTY COMMISSIONER
KOLAR DIST.
KOLAR                                         ...RESPONDENTS

          ( By Sri. S S SRIPATHY & K BHASKAR for R-1
               Sri Vijay Kumar Patil, HCGP for R-2)


       W.Ps are filed under Articles 226 & 227 of the Constitution of
India praying to quash the order at Annexure-M dated 20-4-2012 passed
on I.A.IV in Appeal No.189/2006 passed by the KAT, Bangalore.

      These WPs coming coming on for Prl.hearing this day, the Court
passed the following;-

                             ORDER

Government Pleader is directed to take notice for respondent No.2.

2. In these writ petitions the petitioners are aggrieved by the order dated 20-4-2012 passed by the Karnataka Appellate Tribunal rejecting I.A.IV filed for impleading them as respondents in Appeal No.189/2006 pending on the file of the Tribunal. The said appeal is filed by the first respondent herein challenging the order passed by the Deputy Commissioner, Kolar, granting only 11 guntas of land comprised in Sy.No.50 of Bangavadi village in Srinivasapura -3- Taluk of Kolar District instead of 2 acres 01 gunta as sought for by the petitioners.

3. The grievance of the petitioners before the Tribunal was that their father Kote Sonnappa was also a rival claimant for grant of the very same land and therefore they are interested persons in the matter upon the death of the applicant Kote Sonnappa, petitioners being his sons, were entitled to come on record to resist the claim made by the first respondent before the Tribunal. The Tribunal rejected their application by referring to the earlier order passed by this Court in W.P.No.13664/1991 filed by Kote Sonnappa, wherein this Court had upheld the rejection of request made by Kote Sonnappa for grant of land on the ground that he was ineligible for grant as he was a sufficient holder.

4. It is not in dispute that the order passed by this Court in the aforesaid writ petition has become final and the application filed by petitioners' father Kote Sonnappa seeking -4- grant of land is no longer pending. Therefore, petitioners cannot be said to be proper or necessary parties to come on record in the proceedings initiated by the first respondent before the Tribunal. Hence, the order of the Tribunal cannot be termed as illegal or perverse.

5. Writ petitions being devoid of merit are dismissed.

6. Government Pleader is permitted to file his memo of appearance within three weeks.

sd/-

JUDGE MP

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