Karnataka High Court
M Ramu vs The Assistant Commissioner on 4 June, 2012
Author: Vikramajit Sen
Bench: Chief Justice, B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 4th DAY OF JUNE, 2012 R
PRESENT
THE HON'BLE MR.VIKRAMAJIT SEN, CHIEF JUSTICE
AND
THE HON'BLE MRS. JUSTICE B.V. NAGARATHNA
WRIT APPEAL NOs.2373-2379/2012,
2546-2555/2012 (LR)
IN WA NO 2373 of 2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1,
GUJJARAPPA GARDEN,
BANGALORE NORTH TALUK ... APPELLANT
(By Sri Padmanabha Mehale, Sr.Adv. for Sri Naveed Ahamed)
AND:
1. THE ASSISTANT COMMISSIONER
BANGALORE NORTH SUB DIVISION
BANGALORE.
2. SMT NARAPATH GOLECHA
W/O SRI MAHENDHRA GOLECHA
AGED ABOUT 63 YEARS,
R/AT NO.11, 5TH FLOOR, CLIVE ROW KOLKATTA
700001, AND ALSO NO.3, GUJARAPPA GARDEN
PSK NAIDU ROAD, DODDIGUNTA COX TOWN,
BANGALROE 560005
REP. BY HER GPA HOLDER MARI JOSEPH
2
3. MARI JOSEPH
S/O AROGIA SWAMY
AGED ABOUT 66 YEARS,
R/AT NEW NO 3/3 GUJARAPPA GARDEN,
WARD NO. 85, COX TOWN, DODDIGUNTA
SARVAGNA NAGAR, BANGALORE.
4. G RAMAKRISHNA
S/O. LATE GUJJARAPPA
R/AT NO.132, HMT LAYOUT
VISHWESHWARAIAH NAGAR
BANGALORE - 560 032
5. LAKSHMIDEVI
D/O. LATE GUJJARAPPA
DODDATEGUR
SINGASANDRA POST
BANGALORE NORTH TALUK.
6. SHARADAMA
W/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COX TOWN
BANGALORE - 560 006
7. SAROJAMURTHY
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COX TOWN
BANGALORE - 560 006.
8. KRISHNAMMA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
DODDIKUNTE, COX TOWN
BANGALORE - 560 006.
3
9. C VENUGOPAL
S/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN
BANGALORE - 560 006.
10. SUSHILA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
COX TOWN,
BANGALORE - 560 006
11. RAMAMURTHY
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI COX TOWN
BANGALORE - 560 006
12. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560006
13. SRINIVAS
S/O. LATE PAPAMMA
R/AT NO.164/3RD CROSS
JEEVANAHALLI
COX TOWN,
BANGALORE - 560006
14. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560 006.
15. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
4
R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560006.
16. SURESH
S/O. LATE KRISHNAMURTHY
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560006.
17. MANJULA
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD,
COX TOWN
BANGALORE - 560006.
18. SAMPATH
S/O T.A. KRISHNAPPA
R/AT NO.246, KADIRAPPA ROAD CROSS
COX TOWN
BANGALORE - 560006
19. S R NATARAJ & FRANCINA NATARAJ
S/O. S.A. RAJU
R/AT NO.65, KARMACHANDA LAYOUT
LINGARAJPURAM
BANGALORE - 560 084
20. SRI SHANTHAKUMAR MALAGI
S/O. HANUMANTHAPPA
AGED ABOUT 48 YEARS
R/AT NO.86,
COMMERCIAL STREET
BANGALORE - 560001.
21. SRI M M JOSEPH
S/O. MATHAIMUNDANAR
AGED ABOUT 54 YEARS
BY PA HOLDER SHANTHAKUMAR MALAGI
5
R/AT NO.86, COMMERCIAL STREET
BANGALORE - 560 001
22. S SUNDARAJAN
S/O. SHRINIVAS IYENDGAR
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD
COX TOWN
BANGALORE - 560006.
23. SMT SUSHILA
D/O. LATE YASUDAS
R/AT NO 209/9, THIMMAIAH ROAD
COX TOWN
BANGALORE - 560006.
24. NANDINI DAYAKAR
BY PA HOLDER S ABHINANDAN
R/AT NO.12, B.B. ROAD
NANDIDURG BADAVANE
BANGALORE - 560046
25. D KANDASWAMY
S/O. DAIVASIKHAMANI
R/AT NO.15, BALAJI ROAD
RAMASWAMY PALYA
MARUTHI SEVA NAGAR
BANGALORE - 560033 .... RESPONDENTS
(By R.Padmanabha for R-2 to 8, Sri B.Veerappa, AGA for R-1 and for State)
IN W.A. NO.2374/2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1,
6
GUJJARAPPA GARDEN,
DODDIGUNTE,
KASABA HOBLI,
BANGALORE NORTH TALUK ... APPELLANT
(By Sri Padmanabha Mehale, Sr.Adv. for Sri Naveed Ahamed)
AND:
1. THE LAND TRIBUNAL
AND ALSO THE ASSISTANT COMMISSIONER
BANGALORE NORTH TALUK
SUB DIVISION
BANGALORE-560009
2. S KALESHWARAN
S/O N SUNDARAJAN
AGED ABOUT 28 YEARS
REP BY HIS GPA HOLDER SRI N SUDARAJAN
NO 11C/4A, VASANTHANAGAR
3RD STREET, MADURAI (TAMIL NADU)
3. G RAMAKRISHNA
S/O. LATE GUJJARAPPA
R/AT NO.132, HMT LAYOUT
VISHWESHWARAIAH NAGAR
BANGALORE - 560 032
4. LAKSHMIDEVI
D/O. LATE GUJJARAPPA
DODDATEGUR
SINGASANDRA POST
BANGALORE NORTH TALUK.
BANGALORE CITY
5. SHARADAMMA
W/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COXTOWN
BANGALORE - 560 005
7
6. SAROJAMURTHY
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COX TOWN
BANGALORE - 560 005.
7. KRISHNAMMA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
DODDIKUNTE, COX TOWN
BANGALORE - 560 005.
8. C VENUGOPAL
S/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN
BANGALORE - 560 005.
9. SUSHILA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
COX TOWN,
BANGALORE - 560 005
10. RAMAMURTHY
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI COX TOWN
BANGALORE - 560 006
11. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005
12. SRINIVAS
8
S/O. LATE PAPAMMA
R/AT NO.164/3RD CROSS
JEEVANAHALLI
COX TOWN,
BANGALORE - 560005
13. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560 005.
14. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
(FOR KIRSHNAMURTHY) R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
15. SURESH
S/O. LATE KRISHNAMURTHY
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
16. MANJULA
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD,
COX TOWN
BANGALORE - 560005.
17. SRI SHANTHAKUMAR MALAGI
S/O. HANUMANTHAPPA
AGED ABOUT 48 YEARS
R/AT NO.86,
COMMERCIAL STREET
BANGALORE - 560001.
18. SAMPATH
S/O T.A. KRISHNAPPA
9
R/AT NO.246, KADIRAPPA ROAD CROSS
COX TOWN
BANGALORE - 560005
19. S R NATARAJ & FRANCINA NATARAJ
S/O. S.A. RAJU
R/AT NO.65, KARMACHANDA LAYOUT
LINGARAJPURAM
BANGALORE - 560 084
20. S SUNDARAJAN
S/O. SHRINIVAS IYENDGAR
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD
COX TOWN
BANGALORE - 560005.
21. SRI P SWAMY KANNU
S/O PERIYAPPA
AGED MAJOR
NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD, COX TOWN
BANGALORE-560005
22. Smt. NARAPATHA GULEJA
AGE MAJOR,
REP. BY HER PA HOLDER,
DINESH RAITANI NO.90,
1ST MAIN ROAD, AMARJYOTHINGAR,
VIJAYANAGAR,
BANGALOR-40.
23. SMT T.G. SUSHILA
D/O. YASUDAS
R/AT NO 209/9, THIMMAIAH ROAD
COX TOWN
BANGALORE - 560005.
24. NANDINI DAYAKAR
BY PA HOLDER S ABHINANDAN
10
R/AT NO.12, B.B. ROAD
NANDIDURG BADAVANE
BANGALORE - 560046
25. SRI M.M.JOSEPH
S/O MATHRUMUNDANAR
AGE MAJOR,
BY PA HOLDER SHANTHAKUMAR MALAGI,
R/AT NO.96, COMMERCIAL STREET,
BANGALORE-560013
26. D KANDASWAMY
S/O. DAIVASIKHAMANI
R/AT NO.15, BALAJI ROAD
RAMASWAMY PALYA
MARUTHI SEVA NAGAR
BANGALORE - 560033
27. P NAGARAJ
AGED ABOUT 46 YEARS
NO.2163/53, PANCHAVATI APARTMENTS
18TH MAIN, 5TH CROSS
HAL 2ND STAGE
INDIRANAGAR BANGALORE-560008
28. SMT N VASANTHA
D/O SRI NANJAPPA
AGED ABOUT 38 YEARS
NO.21, 1ST D MAIN ROAD
HARI KRISHNA LAYOUT
RAMMURTHY NAGAR
BANGALORE-560016 .... RESPONDENTS
(By Sri H.Basavaraju for R-2, Sri B.Veerappa, AGA for R-1 and State)
11
IN W.A. NO.2375/2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1,
GUJJARAPPA GARDEN,
DODDIGUNTE,
KASABA HOBLI,
BANGALORE NORTH TALUK ... APPELLANT
AND:
THE LAND TRIBUNAL
BANGALORE NORTH TALUK
BANGALORE BY ITS SECRETARY,
BANGALORE-560009
2. SRINIVASAN SUNDAR RAJAN
S/O SUNDARAJAN
AGED ABOUT 59 YEARS
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD, DODDIGUNTA
COX TOWN, BANGALORE-560005
3. GOPAL SUNDARA RAJAN
S/O SUNDARAJAN
AGED ABOUT 54 YEARS
NO.2080, DAYRAON CIRUG
MARIEHA GA 30062 USA
4. SMT VASANTHICHARI
D/O SUNDARJAN
AGED ABOUT 62 YEARS
R/AT FLAT NO.1, GUNDY PARK APARMENT
12
149, VALACHERY MAIN ROAD
CHENNAI-600042
5. SMT VEDAVALLI
W/O SUNDARAJAN
AGED ABOUT 77 YEARS
R/AT NO.1,
GUJJARAPPA GARDEN
PSK NAIDU ROAD, COX TOWN
BANGALORE-560006
6. G RAMAKRISHNA
S/O. LATE GUJJARAPPA
R/AT NO.132, HMT LAYOUT
VISHWESHWARAIAH NAGAR
BANGALORE - 560 032
7. LAKSHMIDEVI
D/O. LATE GUJJARAPPA
AGED ABOUT 69 YEARS,
R/ AT DODDATEGUR
SINGASANDRA POST
BANGALORE NORTH TALUK.
8. SHARADAMMA
W/O. LATE G. MARAPPA
AGED ABOUT 67 YEARS,
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COXTOWN
BANGALORE - 560 005
9. SAROJAMURTHY
D/O. LATE MARAPPA
AGED ABOUT 64 YEARS,
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COX TOWN
BANGALORE - 560 005.
13
10. KRISHNAMMA
D/O. LATE GUJJARAPPA
AGED ABOUT 62 YEARS,
R/AT NO.1, GUJJARAPPA GARDEN
DODDIKUNTE, COX TOWN
BANGALORE - 560 005.
11. C VENUGOPAL
S/O. LATE MARAPPA
AGED ABOUT 59 YEARS,
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN
BANGALORE - 560 005.
12. SMT. SUSHEELA
D/O. LATE GUJJARAPPA
AGED ABOUT 56 YEARS,
R/AT NO.1, GUJJARAPPA GARDEN
COX TOWN,
BANGALORE - 560 005
13. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
AGED ABOUT 53 YEARS
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005
14. SRINIVAS
S/O. LATE PAPAMMA
AGED ABOUT 51 YEARS,
R/AT NO.164/3RD CROSS
JEEVANAHALLI, COX TOWN,
BANGALORE - 560005
15. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
AGED ABOUT 46 YEARS,
R/AT NO.164/3, 3RD CROSS
14
JEEVANAHALLI, COX TOWN
BANGALORE - 560 005.
16. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
AGED ABOUT 46 YEARS,
R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
17. SURESH
S/O. LATE KRISHNAMURTHY
AGED ABOUT 41 YEARS,
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
18. SRINATH
S/O LATE KRISHNAMURTHY
AGED ABOUT 38 YEARS,
R/AT NO. 164/3, 3RD CROSS,
JEEVANHALLI, COX TOWN
BANGALORE- 06
BANGALORE CITY
19. SMT. MANJULA
D/O LATE MARAPPA
AGED ABOUT 35 YEARS,
R/AT NO. 233, 9TH CROSS,
JEEVANHALLI, COX TOWN
BANGALORE- 05
20. P NAGARAJ
AGED ABOUT 46 YEARS
NO.2163/53, PANCHAVATI APARTMENTS
18TH MAIN, 5TH CROSS
HAL 2ND STAGE
INDIRANAGAR BANGALORE-560008
21. SMT N VASANTHA
15
D/O SRI NANJAPPA
AGED ABOUT 38 YEARS
NO.21, 1ST D MAIN ROAD
HARI KRISHNA LAYOUT
RAMMURTHY NAGAR
BANGALORE-560016 .... RESPONDENTS
IN W.A. NO.2376-79/2012 & W.A.NO.2546-47/2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1,
GUJJARAPPA GARDEN,
DODDIGUNTE,
KASABA HOBLI,
BANGALORE NORTH TALUK ... APPELLANT
(By Sri Padmanabha Mehale, Sr.Adv. for Sri Naveed Ahamed)
AND:
1. THE LAND TRIBUNAL
BANGALORE NORTH TALUK
BY ITS CHAIRMAN, THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB DIVISION
BANGALORE.
2. SRI FRANCIS XAVIER F S
S/o FRANCIS ALIS DAVID
AGED ABOUT 36 YEARS
R/AT NO. 1/7, P.S.K. NAIDU ROAD,
DODDIGUNTA ,RANGAMMA GARDEN
COX TOWN,
BANGALORE- 05,
16
3. BABY M D
D/O MICHEL
AGED ABOUT 30 YEARS
R/AT NO. 1/7, P.S.K. NAIDU ROAD,
DODDIGUNTA ,RANGAMMA GARDEN
COX TOWN, BANGALORE- 05,
4. K NARAYANA RAO
S/O LATE K V RAO
AGED ABOUT 71 YEARS
REP BY GPA HOLDER SRI KADIRVELU
S/O LATE A NATARAJAN, R/AT NO. 13,
POLICE LANE, "C" AMRSTRONG ROAD CROSS,
BANGALORE - 560 001
5. MRS SARASWATHI M
W/O MANOHAR D
R/AT NO. 35/1, SPENCER ROAD,
FRAZER TOWN, BANGALORE-05
6. MR MANOHAR D
S/O D N SRINIVASALU
R/A NO. 35/1,
SPENCER ROAD, FRAZER TOWN
BANGALORE -05
7. SRI LENIN KUMAR
AGED ABOUT 40 YEARS
S/O SRI A KUMAR
R/AT NO. 127, TUNGABADHRA BLOCK,
NATIONAL GAMES VILLAGE,
KORAMANGALA
BANGALORE
8. SMT JAYANTHI KADAM
W/O G MURALIDHAR RAO
AGED ABOUT 63 YEARS
R/AT NO. 1250, 8TH CROSS,
3RD MAIN CHANDRA LAYOUT,
BANGALORE-40,
17
9. G RAMAKRISHNA
S/O LATE GUJJARAPPA
R/AT NO. 132, HMT LAYOUT,
VISHWESHWARAIAH NAGAR,
BANGALORE-32
10. LAKSHMIDEVI
D/O LATE GUJJARAPPA
R/AT DODDATEGUR SINGASANDRA
POST, BANGALORE NORTH TALUK
11. SHARADAMMA
SINCE DECEASED REPRESENTED BY LRS.
R3(d), 3(f) and 3(i).
12. SAROJAMURTHY
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD
DODDIKUNTE, COX TOWN
BANGALORE - 560 006.
13. KRISHNAMMA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
DODDIKUNTE, COX TOWN
BANGALORE - 560 006.
14. C VENUGOPAL
S/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN
BANGALORE - 560 006.
15. SUSHILA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
18
COX TOWN,
BANGALORE - 560 006
16. RAMAMURTHY
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI COX TOWN
BANGALORE - 560 006
17. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560006
18. SRINIVAS
S/O. LATE PAPAMMA
R/AT NO.164/3RD CROSS
JEEVANAHALLI
COX TOWN,
BANGALORE - 560006
19. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560 006.
20. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560006.
21. SURESH
S/O. LATE KRISHNAMURTHY
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560006.
19
22. MANJULA
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD,
COX TOWN
BANGALORE - 560006.
23. SRI SHANTHAKUMAR MALAGI
S/O. HANUMANTHAPPA
AGED ABOUT 48 YEARS
R/AT NO.86,
COMMERCIAL STREET
BANGALORE - 560001.
24. SAMPATH
S/O T.A. KRISHNAPPA
R/AT NO.246, KADIRAPPA ROAD CROSS
COX TOWN
BANGALORE - 560006
25. S R NATARAJA & A FRANCIA
S/O NATARAJ
S/O. S.A. RAJU
R/AT NO.65, KARMACHANDA LAYOUT
LINGARAJPURAM
BANGALORE - 560 084
26. S SUNDARAJAN
S/O. SRINIVAS IYENGAR
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD
COX TOWN
BANGALORE - 560006.
27. SRI P SWAMY KANNU
S/O PERIYAPPA
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD, COX TOWN
BANGALORE-560005
20
28. Smt. NARAPATHA GULEJA
REP. BY HER PA HOLDER,
DINESH RAITANI NO.90,
1ST MAIN ROAD,
AMARJYOTHINGAR,
VIJAYANAGAR,
BANGALOR-40.
29. SMT T.G. SUSHILA
D/O. YASUDAS
R/AT NO 209/9, THIMMAIAH ROAD
COX TOWN
BANGALORE - 560005.
30. NANDINI DAYAKAR
REP. BY PA HOLDER S ABHINANDAN
S/O LATE B.SHANTHIRAJ
NO.12, B.B. ROAD
NANDIDURG BADAVANE
BANGALORE - 560046
31. SRI M.M.JOSEPH
S/O MATHRUMUNDANAR
REP. BY PA HOLDER SHANTHAKUMAR MALAGI,
NO.96, COMMERCIAL STREET,
BANGALORE-1
32. D KANDASWAMY
S/O. DAIVASIKHAMANI
R/AT NO.15, BALAJI ROAD
RAMASWAMY PALYA
MARUTHI SEVA NAGAR
BANGALORE - 560033
33. MR. P NAGARAJ
AGED ABOUT 46 YEARS
NO.2163/53, PANCHAVATI APARTMENTS
18TH MAIN, 5TH CROSS, HAL 2ND STAGE
INDIRANAGAR BANGALORE-560008
21
34. SMT N VASANTHA
D/O SRI NANJAPPA
AGED ABOUT 38 YEARS
NO.21, 1ST D MAIN ROAD
HARI KRISHNA LAYOUT
RAMMURTHY NAGAR
BANGALORE-560016 .... RESPONDENTS
(By Sri S.J.Puranik for R-20 in W.A.2378-79/12, Sri B.Veerappa, AGA for R-1
and for State)
IN WA NO 2548 of 2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1, GUJJARAPPA GARDEN,
BANGALORE NORTH TALUK ... APPELLANT
AND:
1. SHRI M.SUNDARAN @ SIDDU
S/O LATE T.MADHAVAN
AGED ABOUT 49 YEARS,
R/AT NO.42, GROUND FLOOR
CHARLES CAMPHELL ROAD
COX TOWN,
BANGALORE-560 005
2. SMT GEETHAN SUNDARAN
W/O SHRI M SUNDARAN @ SIDDU
AGED ABOUT 44 YEARS
R/AT NO.42, GROUND FLOOR
CHARLES CAMPHELL ROAD
22
COX TOWN, BANGALORE-560 005.
REP. BY GPA HOLDER SHRI M.SUNDARAN
3. SHRI P. SWAMY KANNU
S/O PERIYAPPA
AGED ABOUT 64 YEARS,
R/AT NO.1, GUJJARAPPA GARDEN
P.S.K. NAIDU ROAD, DODDIGUNTA,
COX TOWN, BANGALORE-560 005
REP BY GPA HOLDER SHRI M SUNDARAN
4. G RAMAKRISHNA
S/O. LATE GUJJARAPPA
AGED ABOUT 81 YEARS
R/AT NO.132, HMT LAYOUT
VISHWESHWARAIAH NAGAR
BANGALORE - 560 032
5. SMT LAKSHMIDEVI
D/O. LATE GUJJARAPPA
MAJOR, DODDATHOGURU
SINGASANDRA POST
BANGALORE NORTH TALUK.
6. SHARADHAMMA
W/O. LATE MARAPPA
SINCE DECEASED BY REP. BY
RESPONDENT Nos. 6 & 15 AS LRS
7. KRISHNAMMA
D/O. LATE GUJARAPPA
MAJOR, GUJARAPPA GARDEN
DODDIKUNTE, COX TOWN, BANGALORE - 560 006.
8. C VENUGOPAL
S/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN, BANGALORE - 560 005.
23
9. SMT SUSHILA
D/O. LATE GUJJARAPPA
MAJOR,
R/AT NO.1, GUJJARAPPA GARDEN
COX TOWN,
BANGALORE - 560 005
10. RAMAMURTHY
S/O. LATE PAPAMMA @ LAKSHMAMMA
MAJOR,
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI COX TOWN
BANGALORE - 560 005
11. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005
12. SRINIVAS
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3RD CROSS
JEEVANAHALLI
COX TOWN,
BANGALORE - 560005
13. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560 005.
14. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
MAJOR, S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
24
15. SURESH
S/O. LATE KRISHNAMURTHY
MAJOR, S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
16. SHRI SRINATH
S/O. LATE KRISHNAMURTHY
MAJOR, S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
17. MANJULA
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD,
COX TOWN,
BANGALORE - 560006.
18. THE LAND TRIBUNAL
BANGALORE NORTH TALUK
VISHWESWARAYYA TOWERS
VIDHANA VEEDHI
BANGALORE
REP. BY ITS SECRETARY
19. STATE OF KARNATAKA
REP. BY THE SECRETARY
DEPARTMENT OF REVENUE
GOVT. OF KARNATAKA
VIDHANA SOUDHA
BANGALORE-560 001. ....RESPONDENTS
25
IN WA NO 2549-2554 of 2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1, GUJJARAPPA GARDEN,
BANGALORE NORTH TALUK ... APPELLANT
AND:
1. THE LAND TRIBUNAL
BANGALORE NORTH TALUK,
BANGALORE
BY ITS CHAIRMAN/THE ASSISTANT
COMMISSIONER, BANGALORE NORTH SUB-DIVISION,
BANGALORE.
2. BANGALORE MAHANAGARA PALIKE
REP. BY ITS COMMISSIONER
HUDSON CIRCLE,
BANGALORE
3. THE SUB REGISTRAR
SHIVAJINAGARA,
BANGALORE
4. SRI R.KRISHNAMURTHY
S/O LATE D. RAMU
AGED ABOUT 37 YEARS,
NO.26, NO.1, GUJJARAPPA GARDEN,
DODDIGUNTA, COX TOWN,
BANGALORE-560 005
5. SRI P.I. BALAKRISHNAN NAMBIAR
AGED ABOUT 75 YEARS,
S/O P I THMABAYI AMMA
R/AT "SHREYAS" NO.23/2,
26
CHARLES CAMPBELL ROAD,
3RD CROSS, COX TOWN,
BANGALORE-5.
6. SMT. KOMALA O K
AGED ABOUT 61 YEARS,
W/O P I BALAKRISHNAN NAMBIAR,
R/AT "SHREYAS" NO.23/2,
CHARLES CAMPBELL ROAD,
3RD CROSS, COX TOWN,
BANGALORE-5.
7. G RAMAKRISHNA
S/O. LATE GUJJARAPPA
R/AT NO.132, HMT LAYOUT
VISHWESHWARAIAH NAGAR
BANGALORE - 560 032
8. SMT LAKSHMIDEVI
D/O. LATE GUJJARAPPA
DODDATHOGURU
SINGASANDRA POST
BANGALORE NORTH TALUK.
9. SHARADHAMMA
SINCE DECEASED REP. BY
LRs R 5(d), 5(f) and (i)
10. SAROJAMURTHY
D/O LATE MARAPPA
NO.233, 9TH CROSS, KADIRAPPA ROAD,
DODDIGUNTE COX TOWN,
BANGALORE-6.
11. KRISHNAMMA
D/O. LATE GUJARAPPA
GUJARAPPA GARDEN
DODDIKUNTE, COX TOWN,
BANGALORE - 560 006.
27
12. C VENUGOPAL
S/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN
BANGALORE - 560 005.
13. SUSHILA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
COX TOWN,
BANGALORE - 560 006
14. RAMAMURTHY
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI COX TOWN
BANGALORE - 560 006
15. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560006
16. SRINIVAS
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3RD CROSS
JEEVANAHALLI
COX TOWN,
BANGALORE - 560006
17. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560 005.
18. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
28
R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
19. SURESH
S/O. LATE KRISHNAMURTHY
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
20. MANJULA
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD,
COX TOWN,
BANGALORE - 560006
21. SRI SHANTHAKUMAR MALAGI
S/O. HANUMANTHAPPA
R/AT NO.86,
COMMERCIAL STREET
BANGALORE - 560001.
22. SRI SAMPATH
S/O T.A. KRISHNAPPA
R/AT NO.246, KADIRAPPA ROAD CROSS
COX TOWN
BANGALORE - 560006
23. S R NATARAJA & A FRANCINA
S/O NATARAJ
S/O. S.A. RAJU
R/AT NO.65, KARMACHANDA LAYOUT
LINGARAJPURAM
BANGALORE - 560 084
24. S SUNDARAJAN
S/O. SRINIVAS IYENGAR
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD
29
COX TOWN
BANGALORE - 560006.
25. SRI P SWAMY KANNU
S/O PERIYAPPA
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD, COX TOWN
BANGALORE-560005
26. Smt. NARAPATHA GULEJA
REP. BY HER PA HOLDER,
DINESH RAITANI NO.90,
1ST MAIN ROAD, AMARJYOTHINGAR,
VIJAYANAGAR,
BANGALOR-40.
27. SMT T.G. SUSHILA
D/O. YASUDAS
R/AT NO 209/9, THIMMAIAH ROAD
COX TOWN
BANGALORE - 560005.
28. NANDINI DAYAKAR
REP. BY PA HOLDER S ABHINANDAN
S/O LATE B.SHANTHIRAJ
NO.12, B.B. ROAD
NANDIDURG BADAVANE
BANGALORE - 560046
29. SRI M.M.JOSEPH
S/O MATHRUMUNDANAR
REP. BY PA HOLDER SHANTHAKUMAR MALAGI,
NO.96, COMMERCIAL STREET,
BANGALORE-1
30. D KANDASWAMY
S/O. DAIVASIKHAMANI
R/AT NO.15, BALAJI ROAD
RAMASWAMY PALYA
30
MARUTHI SEVA NAGAR
BANGALORE - 560033
31. MR. P NAGARAJ
AGED ABOUT 46 YEARS
NO.2163/53, PANCHAVATI APARTMENTS
18TH MAIN, 5TH CROSS
HAL 2ND STAGE
INDIRANAGAR BANGALORE-560008
32. SMT N VASANTHA
D/O SRI NANJAPPA
AGED ABOUT 38 YEARS
NO.21, 1ST D MAIN ROAD
HARI KRISHNA LAYOUT
RAMMURTHY NAGAR
BANGALORE-560016 .... RESPONDENTS
IN WA NO 2555 of 2012
BETWEEN:
M RAMU
S/O LATE MUNISWAMAPPA,
AGED ABOUT 66 YEARS,
R/AT NO.1, GUJJARAPPA GARDEN,
BANGALORE NORTH TALUK ... APPELLANT
AND:
1. THE ASSISTANT COMMISSIONER,
BANGALORE NORTH SUB DIVISION,
BANGALORE
2. SRI SHANTHAKUMAR MALAGI
S/O HANUMANTHAPPA
31
AGED ABOUT 54 YEARS,
NO.86, COMMERCIAL STREET,
BANGALORE-1
3. M.M.JOSEPH
S/O MATHAIMUNDANAR
AGED ABOUT 60 YEARS
BY PAH SHANTHAKUMAR MALAGI
NO.86, COMMERCIAL STREET,
BANGALORE-1.
4. G RAMAKRISHNA
S/O. LATE GUJJARAPPA
R/AT NO.132, HMT LAYOUT
VISHWESHWARAIAH NAGAR
BANGALORE - 560 032
5. LAKSHMIDEVI
D/O. LATE GUJJARAPPA
DODDATHOGURU
SINGASANDRA POST
BANGALORE NORTH TALUK.
6. SHARADHAMMA
W/O LATE MARAPPA
NO.233, 9TH CROSS, KADIRAPPA ROAD,
DODDIGUNTE COX TOWN,
BANGALORE-6.
7.. SAROJAMURTHY
D/O LATE MARAPPA
NO.233, 9TH CROSS, KADIRAPPA ROAD,
DODDIGUNTE COX TOWN,
BANGALORE-6.
8. KRISHNAMMA
D/O. LATE GUJARAPPA
GUJARAPPA GARDEN
DODDIKUNTE, COX TOWN,
32
BANGALORE - 560 006.
9. C VENUGOPAL
S/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD, DODDIKUNTE ROAD
COX TOWN
BANGALORE - 560 005.
10. SUSHILA
D/O. LATE GUJJARAPPA
R/AT NO.1, GUJJARAPPA GARDEN
COX TOWN,
BANGALORE - 560 006
11. RAMAMURTHY
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI COX TOWN
BANGALORE - 560 006
12. MUNIRAJU
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO. 164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560006
13. SRINIVAS
S/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3RD CROSS
JEEVANAHALLI
COX TOWN,
BANGALORE - 560006
14. SARASWATHI
D/O. LATE PAPAMMA @ LAKSHMAMMA
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560 005.
33
15. SHANTHAMMA
W/O. LATE KRISHNAMURTHY
R/AT NO 164/3
3RD CROSS, JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
16. SURESH
S/O. LATE KRISHNAMURTHY
R/AT NO.164/3, 3RD CROSS
JEEVANAHALLI, COX TOWN
BANGALORE - 560005.
17. MANJULA
D/O. LATE MARAPPA
R/AT NO.233, 9TH CROSS
KADIRAPPA ROAD,
COX TOWN,
BANGALORE - 560006
18. SRI SAMPATH
S/O T.A. KRISHNAPPA
R/AT NO.246, KADIRAPPA ROAD CROSS
COX TOWN
BANGALORE - 560006
19. S R NATARAJA & A FRANCINA
NATARAJ
S/O. S.A. RAJU
R/AT NO.65, KARMACHANDA LAYOUT
LINGARAJPURAM
BANGALORE - 560 084
20. S SUNDARAJAN
S/O. SRINIVAS IYENGAR
R/AT NO.1, GUJJARAPPA GARDEN
PSK NAIDU ROAD
COX TOWN
BANGALORE - 560006.
34
21. NARAPATHA GULEJA
REP. BY HER PA HOLDER,
DINESH RAITANI NO.90,
1ST MAIN ROAD, AMARJYOTHINGAR,
VIJAYANAGAR,
BANGALOR-40.
22. SUSHILA
D/O. LATE YESUDAS
R/AT NO 209/9, THIMMAIAH ROAD
COX TOWN, BANGALORE - 560005.
23. NANDINI DAYAKAR
REP. BY PA HOLDER S ABHINANDAN
S/O LATE B.SHANTHIRAJ
NO.12, B.B. ROAD
NANDIDURG BADAVANE
BANGALORE - 560046
24. D KANDASWAMY
S/O. DAIVASIKHAMANI
R/AT NO.15, BALAJI ROAD
RAMASWAMY PALYA
MARUTHI SEVA NAGAR
BANGALORE - 560033 ..... RESPONDENTS
These writ appeals filed u/s. 4 of the Karnataka High Court Act praying to
set aside the order passed in the Writ Petition No.8705/2006 c/w 99/2007,
5071/2006, 4959/2006, 4900/2006, 7196/2006 and 3688/2006 dated
12.04.2012.
These writ appeals having been heard and reserved for pronouncement
of judgment, this day the CHIEF JUSTICE delivered the following:
35
JUDGMENT
Vikramajit Sen, C.J.
These Appeals assail the Order dated 12.04.2012, passed by the learned Single Judge allowing the writ petition and quashing the impugned order of the Land Tribunal Bangalore North Taluk (Tribunal for short) dated 7.02.2006.
2. Late Gujjarappa had purchased agricultural land in Survey No.221 measuring 39 guntas situated at Doddigunta village, Kasaba hobli, Bangalore North Taluk and had granted a lease in favour of M. Ramu, the Appellant before us. The Appellant claims that the lease in question was agricultural in character, whereas it is contended by the Respondents that only a portion of a house thereon had been given on rent to the Appellant. On 26.12.1974, the Appellant filed an application in Form No.7 under Section 48A of the Karnataka Land Reforms Act before the Tribunal, claiming occupancy rights, which came to be allowed on 23.03.1989. This Order was assailed by way of Writ Petition No.15773/1991 by the legal heirs of the original owner, late Gujjarappa and it was allowed on 5.07.1996 remanding the matter back to the Tribunal for fresh consideration and 36 determination. In the second salvo of litigation, the Tribunal noted the stance of the legal heirs of late Gujjarappa, inter alia, that the Applicant/Appellant was merely staying in one of the houses situated in the property in question. A perusal of the said Order dated 07.02.2006 discloses that it was founded entirely on the basis of revenue records i.e., the Record of Rights (RTC) for the year 1966-67 to 1975-76 containing the name of the Appellant in column No. 12 (2) followed by the name of late Gujjarappa. However, the impugned Order does not disclose any discussion vis-à-vis the owner's version that the land stood converted from agricultural to non-agricultural user viz., for residential user. The Occupancy rights were granted in favour of the Appellant. Thereupon, several writ petitions came to be filed which have been allowed by the impugned Order dated 12.04.2012. Incidentally, a further hearing was granted to Appellant/Respondent No.2 in W.P.No.99/2007 on the day following the hearing of arguments and pronouncement of decision, the appellant herein had appointed Senior Counsel for the purposes. The Writ Court noted the arguments addressed on behalf of the respondent - (a) There was no conversion order, 37
(b) Conversion must be under Section 93 of the Mysore Land Revenue Code,
(c) Land remains to be agricultural land even if it is not used for agricultural purposes, (d) No Power of Attorney was given by the Appellant/Tenant authorizing the sale of the property and (e) Question of tenancy has to be decided by the Land Tribunal and not by the Court. Even in the second hearing granted to the Appellant, the Writ Court stood steadfast to its earlier conclusion to the effect that the Order of the Land Tribunal passed on 07.02.2006 deserved to be quashed.
3. The first question which has been pithily discussed by the learned Single Judge was that the Power of Attorney had been duly executed by the Appellant and was legally efficacious to sell/transfer his rights to third parties. Since the Appellant had sold all his rights in the land, he no longer possessed locus-standi to agitate any question, claim or any rights to the land. It is significant to note that the person to whom the Appellant had sold the land have evinced no interest in the present litigation even though the fruits thereof would enure to them and not to the Appellant. Having conveyed all his rights in the land to third parties, the present litigation can only be viewed as a device 38 of extortion, or harassment or blackmail aimed at the present bona fide purchasers from the landlord or his legal representatives. Having so noted, the writ Court need not have proceeded further in the matter since exercise of extraordinary jurisdiction under Article 226 of the Constitution is purely discretionary.
4. Be that as it may, so far as the other questions are concerned, it was incumbent upon the Tribunal to deal with the contentions urged by the Owners pertaining to the conversion of the property. We cannot appreciate the manner in which the Tribunal assumed the agricultural character of the land without categorically countenancing the contentions of conversion of the land in question, especially since the genuiness or veracity of the documents placed on record by the Respondents have not been doubted. The first document is dated 15.04.1946 which evidences that late Gujjarappa was permitted to use the land for non-agricultural purposes and that he had paid the requisite conversion fee. The order dated 5.09.1972 passed by the Assistant Commissioner, Bangalore Sub-Division, Bangalore in DCB.25/71-72 states as follows: 39
"By virtue of the fact, that the Ex-Kayamguttadar of Doddikunte Village, had sanctioned conversion in the capacity of the Commission Holder confirmed on him by the resident and that the same was upheld by the High Court of Mysore, Bangalore, permission is hereby accorded for reducing the assessment in respect of Sy.Nos. 130/2 (0-22) and 221 (0-39) thereof. It is also directed that necessary entries shall be incorporated in the Record of Rights register."
Added to this, the property has also been assessed to tax by Bruhat Bangalore Mahanagara Palike (BBMP) and the taxes are being paid by the assesses from time to time.
5. These aspects should have been considered by the Land Tribunal and having failed to do so, the impugned Order dated 07.02.2006 contains a fatal lacuna. The records show that the Respondents have purchased parcels of land from the legal successors of late Gujjarappa and have built residential houses thereon. As mentioned before, the persons to whom the land was sold by the Appellants have not prosecuted the proceedings and therefore have tacitly accepted the ownership of 40 the Respondents. It should also be overlooked that the occupancy rights granted in favour of the appellant would not be transferable to a third party and therefore, regardless of the conversion of the land, the erstwhile tenant/occupant or persons deriving title from him, would be bereft of any legal claim for occupancy. For these manifold reasons we find no error in the impugned Order of the learned Single Judge. The Appeals are, as already observed malafide, extortionate and/or vexatious in nature and are dismissed with exemplary costs which we quantify at Rs.25,000/-.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE Vr/Snb