Karnataka High Court
Sri N Harish vs The State Of Karnataka on 3 November, 2023
Author: B M Shyam Prasad
Bench: B M Shyam Prasad
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NC: 2023:KHC:39283
WP No. 13144 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD
WRIT PETITION NO. 13144 OF 2021 (ULC)
BETWEEN:
SRI N HARISH
S/O LATE D NAGARAJA
AGED ABOUT 37 YEARS
R/AT 12/1 AND 12/2
ABBIGERE
CHIKKABANAVARA PSOT
YASHWANTHPUR HOBLI,
BANGALORE NORTH TLAUK
BANGALORE 560 070
...PETITIONER
(BY SRI. D.L. JAGADEESHA, SENIOR ADVOCATE FOR
SRI.ADINARAYANAPPA.,ADVOCATE)
Digitally
signed by AND:
NARASIMHA
MURTHY
VANAMALA
Location:
1. THE STATE OF KARNATAKA
HIGH DEPAWRTMETN OF URBAN DEVELOPMENT
COURT OF
KARNATAKA VIDHAN SOUDHA
BANGALORE 560 001
REP BY ITS SECRETARY.
2. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
BANGALORE 560 009
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WP No. 13144 of 2021
3. SRI. UDAYA KUMAR R,
S/O LATE. SRI.REVAPPA,
AGED ABOUT 46 YEARS,
RESIDING AT NO.#21/1, 16TH CROSS,
BAHUBALINAGAR, JALAHALLI,
BANGALORE-560013,
4. SRI. D.Y MURALIDHAR.RAO,
S/O. LATE D.Y. RAMCHANDRA RAO.
AGED ABOUT 76 YEARS,
NO, #31. YAJAMANAMS 2ND CROSS,
SARSWATHIPURAM BANNERAGATTA ROAD,
BANGALORE-560076.
5. SMT. H. J. VANAJA,
W/O SRI. H.V. NAGAIAH,
AGED ABOUT 66 YEARS,
NO,#52 SOMESWARA LAYOUT.
ABBIGERE YASHWANTHAPURA HOBLI.
BANGALORE-560090.
6. SRI. B. R. LAKSHMI PATHY,
S/O. RANGASWAMY, AGED ABOUT 61 YEARS,
NO.#44, SOMESWARA LAYOUT,
ABBIGERE YASHWANTHAPURA HOBLI.
BANGALORE-560090.
7. GP. CAPT. M.V RAMANMURTHY,
S/O. MEKA RAMANMURTHY,
AGED ABOUT 71 YEARS, NO. #10 &11
SOMESWARA LAYOUT. ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
8. SRI. MOHAN. M, S/O. LATE DAMODAR,
AGED ABOUT 62 YEARS
NO. #14 SOMESWARA LAYOUT.
ABBIGERE YASHWANTHAPURA HOBLI.
BANGALORE-560090.
9. CHANDRA SHEKAR, S/O LATE GURAPPA KULAYA
AGED ABOUT 46 YEARS
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NO.#45/1, 2ND BLOCK NEAR VENKATESHWARA
GAS GODOWN. DODDA BOMMASANDRA.
VIDYARANYA PURA ROAD
BANGALORE-560097.
10. SAVITHRI NATARAJAN,
W/O. SRI. J NATARAJAN
AGED ABOUT 56 YEARS
NO.# 15, SOMESWARA LAYOUT,
ABBIGERE YASHWANTHAPURA HOBLI
BANGALORE-560090.
11. SRI, KARTHIKA, S/O. J. NATARAJAN,
AGED ABOUT 30 YEARS,
R/O SOMESWARA LAYOUT,
ABBIGERE, YASHWANTHAPURA HOBLI
BANGALORE-560090.
12. SREELATHA BHASKAR,
W/O BHASKARA PILLIA
AGED ABOUT 53 YEARS,
13. BHASKARA PILLIA, S/O. LATE NARAYAN PILLIA,
AGED ABOUT 63 YEARS,
BOTH ARE NO#2 & 3
SOMESWARA LAYOUT, ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
14. DR. C. R. FEMINE,
S/O. C. RAJAIAH,
AGED ABOUT 46 YEARS,
15. SUJINE C RAJAIAH,
S/O. C. RAJAIAH, AGED ABOUT 41 YEARS,
BOTH ARE R/O. NO.#43.
10TH MAIN ROAD, MURTHYALA NAGAR GOKULA,
BANGALORE-560054.
16. SRI. MALLIKARJUNA GOWDA,
S/O. SHARANA GOWDA,
AGED ABOUT 37 YEARS,
R/O. #25 SOMESWARA LAYOUT.
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WP No. 13144 of 2021
ABBIGERE YASHWANTHAPURA HOBLI.
BANGALORE-560090.
17. SMT. T. MUTHU LAKSHMI,
W/O. SRI. A. TIRUMALAI,
AGED ABOUT 55 YEARS,
R/O.#571/5, 2ND CROSS,
MUTHYALA NAGAR MES ROAD,
BANGALORE-560054.
18. SHALINI DIWAKAR W/O. MR. DIWAKAR,
AGED ABOUT 63 YEARS,
R/O.20. 7TH B, MAIN ROAD,
BONDAPPA GARDENS, MUTHYALA NAGAR,
BANGALORE-560054.
19. JASMINE SURESH,
W/O. C. SURESH KUMAR,
AGED ABOUT 51 YEARS,
R/O. # 36, SOMESWARA LAYOUT.
ABBIGERE, YASHWANTHAPURA HOBLI.
BANGALORE-560090,
20. K. DHANAJAYA,
S/O. K. G. SHANKARAIAH,
AGED ABOUT 61 YEARS, NO.#27 R/O.
SOMESWARA LAYOUT. ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
21. G. BHARATHI, W/O. ANIL KUMAR. R,
AGED ABOUT 37 YEARS,
R/O. # 565, 2ND CROSS DVR LAYOUT,
MALLIKARJUNA NLIAYA, BABUSA PALAYA
KALAYANAGARA, BANGALORE-560043,
22. DR. OMANA JOY KAVALATTA,
W/O.DR. V.A. JOY, AGED ABOUT 70 YEARS,
R/O. #NO.17, 8TH MAIN BONDAPPA GARDENS,
MUTHYALA NAGAR, BANGALORE-560054.
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23. SMT. SHURTHI G,
W/O. ANIL KUMAR YADAV,
AGED ABOUT 32 YEARS, R/O.NO. #22/82,
4TH CROSS, SBM. COLONY,
MATHIKERE, BANGALORE-560054.
24. SIDIAU PULLISERIUI S/O. MOSSA PULLISUIE,
AGED ABOUT 43 YEARS,
MALAYI HOUSE PULLISUIE, IRUMBUCHALA,
MALAPPARAM KERALA-676305.
25. B.N. SARASWATHI,
W/O. K. DAYANANAD,
AGED ABOUT 64 YEARS, R/O.NO.#508 R.V.
DEVAKINDAN APPARTMENT, 3-4-7 10/1,
REDDY WOMEN'S COLLEGE LANE,
NARAYANAGUDA HYDERABAD-560029,
26. NAGALAKSHMI, W/O. LATE B.L. SURESH,
AGED ABOUT 58 YEARS, R/O. NO. #798/6
17TH 'E' MAIN ROAD 5TH BLOCK
RAJAJINAGAR, BANGALORE-560010,
27. NARENDRA BABU, SO, LATE SRINIVASAPPA
R/O. NO.#7. 11TH CROSS, ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
28. A RAMESH, S/O, GANGA ANJINAPPA,
AGED ABOUT 56 YEARS R/O.NO#27/A,
SOMESWARA LAYOUT. ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
29. LOKESH. G
S/O GANGA ANJINAPPA
AGED ABOUT 44 YEARS
NO#72 LAKSHMIPURA MAIN ROAD
9TH CROSS NEAR AMBIKA SHOWROOMN,
ABBIGERE BANGALORE-560090.
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30. INTRUE BARBOSA,
S/O. LATE SALVADOR BARBOZA,
AGED ABOUT 76 YEARS,. #C,903, SICILY,
COOPERATIVE HOUSING SOCIETY,
B.T. KAWDA ROAD GHORPURI, PUNE-411001.
31. MEGHANA LAKSHMANA,
D/O. LAKSHMANA,
AGED ABOUT 25 YEARS, NO.# 15. 10 CROSS
KOTE, MYLARAPPA LAYOUT, ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
32 DASEN MATTHEW,
W/O. MR MATHEW, AGED ABOUT 63 YEARS,
R/O.NO.#99 JALVAYU VIHAR
KAMNAMHALLI, BANGALORE-560084.
33. SHOBHA HANUMAREDDY,
D/O. S.C. VENKATESH,
AGED ABOUT 65 YEARS,
NO.#525. 6TH MAIN, K.N. LAYOUT,
YASHWANTHAPURA. BANGALORE-560022.
34. YUVARAJ, S/O. K. MANICKAM, NO,#14, B-60,
AGED ABOUT 49 YEARS
L.K.R APARTMENT, 2ND CROSS
LOTTEGOLLAHALLI RMV 2ND STAGE EXTENSION
BENGALORE-560094.
35 KAMESHWAR PANDEY
AGED ABOUT 45 YEARS
S/O GANESH PANDEY, NO #5, 11TH CROSS,
SOMESWARA LAYOUT. ABBIGERE
YASHWANTHAPURA HOBLI.
BANGALORE-560090.
36. SRI GURU PRASAD.P,
S/O. PUTTARAJU.M.,
AGED ABOUT 38 YEARS,
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WP No. 13144 of 2021
RESIDING AT NO.#40/3,3RD CROSS,
K.N. EXTENSION, TRIVENI ROAD,
YESHWANTHPUR, BANGALORE 560022.
37. SMT. U RADHIKA,
W/O. OF UDAYA KUMAR.R,
AGED ABOUT 40 YEARS,
38. SRI UDAYA KUMAR R,
S/O LATE. SRI.REVAPPA,
AGED ABOUT 47 YEARS,
BOTH ARE RESIDING AT 6TH CROSS,
BAHUBALI NAGAR, JALAHALLI,
BANGALORE 560013.
39. SRI MUNIRAJU.C,
S/O. SRI. CHINNASWAMY,
AGED ABOUT 46 YEARS,
RESIDING NO.#15. AND 16,
SURYA ENCLAVE, OPP UNIQUE PUBLIC SCHOOL,
ABBIGERE, CHIKKABANAVARA POST,
BANGALORE-560090.
...RESPONDENTS
(BY SRI.BHOJEGOUDA T KOLLER., AGA FOR R1 & R2;
SRI. GURUDATTA V R, ADVOCATE FOR
SRI. SPOORTHY HEGDE, ADVOCATE FOR R3, R36 &
R39; SRI. A.M. VIJAY, ADVOCATE FOR R4 TO R35)
THIS WP IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO-DIRECT
THE RESPONDENTS TO CONSIDER THE
REPRESENTATION MADE BY THE PETITIONER FATHER
ON DATED 21.04.2021, WHICH IS PRODUCED AS
ANNEXURE-A; CONSEQUENTLY DIRECT THE
RESPONDENTS TO RESTORE THE LAND AND REVENUE
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NC: 2023:KHC:39283
WP No. 13144 of 2021
RECORDS INTO THE NAME OF THE PETITIONER AS
PER THE URBAN LAND (CEILING AND REGULATION)
REPEAL ACT 1999 IN RESPECT OF SY.NO.77 SITUATED
AT ABBIGERE VILLAGE, YASHWANTHPURA HOBLI,
BANGALORE NORTH TALUK, BANGALORE FOR THE
EXTENT OF MEASURING TO EXTENT OF 15960.80
SQ.MTRS OR 4 ACRE 3 GUNTAS.
THIS PETITION, COMING ON FOR DISPOSAL, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner, whose father was the undisputed owner of an extent of 3 acres 31 guntas and 13 guntas of kharab situated at Abbigere village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru [the subject property], has filed this writ petition for a direction to the official respondents to consider his father's representation dated 21.04.2021 and for directions to them to restore possession and the revenue records of the subject property in his favour.
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2. It is undisputed that an extent of 15490.80 square meters in the subject property is notified as 'excess land' vide the Notification dated 09.10.1986 issued under the Urban Land [Ceiling and Regulation) Act, 1976 [for short, the 'ULC Act'], and then notice under Section 10[5] of the ULC Act is also issued. However, the petitioner contends that possession of this property has not been taken. The petitioner also contends that, with the ULC Act being repealed by the Urban Land [Ceiling and Regulation] Repeal Act 1999 [for short, the 'Repeal Act'], the petitioner is entitled for the revenue records because the possession of this property is not taken. The contention that the petitioner is in possession of the property is rather perilous when there is a prayer for direction to restore possession.
3. Sri D. L. Jagadeesh, the learned Senior Counsel for the petitioner, Sri Bhojegouda T Koller, the learned Additional Government Advocate for the
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NC: 2023:KHC:39283 WP No. 13144 of 2021 official respondents, Sri A. M. Vijay and Sri Gurudatta V.R., the learned counsels for the private respondents, are heard for final disposal of the petition. This Court, on 01.12.2022, has enabled a report to be filed after spot inspection, and such report is placed on record along with a memo on 28.01.2023. This report contains a spot mahazar drawn by the jurisdictional Revenue Inspector and the Village Accountant and the report filed by the Tahsildar on 25.10.2022 with the jurisdictional Assistant Commissioner.
4. The crucial parts of the Tahsildar's report, which is in vernacular, are that an extent of 2 acres 20 guntas in the total extent of 4 acres 3 guntas in Sy.No.77 of Abbigere village, Yeshwanthpura Hobli, Bengaluru North Taluk, Bengaluru is permitted to be diverted from agricultural to non-agricultural purposes on 18.05.1992 in favour of Smt. Lakshmi Venkatesh Reddy, wife of Sri S.G. Venkatesh and that the remaining extent of 1 acre 10 guntas is also
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NC: 2023:KHC:39283 WP No. 13144 of 2021 developed into a residential layout with the houses, roads, vacant sites and factories and "Sri Someshwara Temple". The Tahsildar has further observed in the report that the subject property is within the administrative jurisdiction of Bruhat Bengaluru Mahanagara Phalike [BBMP] and that this local authority has issued Khata in favour of the concerned.
5. The prayer in the writ petition is for restoration of possession of the subject property, and the contents of the report, it is needless to say, indicates that the third persons could be in possession of the subject property. This Court must further record that though the Government's stand is categorical that the possession has not been taken pursuant to the Notification issued under the Repeal Act or after notice under Section 10(5) of the ULC Act in that regard, the benefit of such stand cannot be to the petitioner but to those who are in actual possession of the property or parts thereof. As such,
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NC: 2023:KHC:39283 WP No. 13144 of 2021 the question for consideration will be whether there must be a direction to the respondents to consider restoring the revenue entries for the subject property in favour of the petitioners, or any other direction at all.
6. Sri D. L. Jagadeesh submits that this Court may consider directing the second respondent to consider the petitioner's representation in the light of the facts that the subject property was an agricultural land at the relevant time; that the endorsement dated 06.03.1987 [Annexure-R.102] is issued with reference to that portion of the subject property purchased by Smt. Lakshmi Venkatesh Reddy affirming that no further action is taken under the ULC Act; and that at the time of drawing the spot mahazar, the revenue authorities have observed that 20 guntas in the subject property is still vacant.
7. However, it remains undisputed that the subject property is within the BBMP limits; the entire
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NC: 2023:KHC:39283 WP No. 13144 of 2021 property has developed into a residential layout with separate Kathas being issued to different persons for different portions in this property. Further, on perusal of the Endorsement dated 06.03.1987 [Annexure- R.102], this Court must opine that it remains indisputable that it is not just with reference to the extent purchased by Smt. Lakshmi Venkatesh Reddy but it also relates to the extents owned/purchased by Sri S.G. Venkatesh and Sri V. Lokesh. Furthermore, the petitioner does not dispute that Writ Petition in W.P. No. 30433/2019 is filed for directions to consider representation for payment of compensation under ULC Act. This Court, for the reasons recorded, is not persuaded to direct the respondents to consider petitioner's representation.
8. This Court must observe that if the authorities have not taken possession after issuance of notice under Section 10(5) of the ULC Act, as first mentioned above, the same should inure to the
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NC: 2023:KHC:39283 WP No. 13144 of 2021 advantage of those who could be in possession of the respective portions and the Government's stand cannot be a cause whatsoever to direct the authorities to consider the petitioner's representation. If the petitioner could assert that he is in possession of any extent of the subject property and there is any cause in that regard he must necessarily work out his remedies in a properly instituted civil suit, and this Court must hasten to add that this observation does not reserve any liberty to the petitioner.
The petition stands disposed of accordingly.
SD/-
JUDGE NV