Karnataka High Court
Sri. Bheemanna S/O Late Guttappagouda ... vs The State Of Karnataka & Ors on 8 January, 2016
Author: Ram Mohan Reddy
Bench: Ram Mohan Reddy
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W.P.No.103581/2013
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JANUARY, 2016
BEFORE
THE HON'BLE MR.JUSTICE RAM MOHAN REDDY
WRIT PETITION NO.103581/2013 (LR-RES)
BETWEEN:
1. Sri Bheemanna
S/o Late Guttappagouda
Aged about: 65 years,
Occ: Agriculture,
2. Sri Shankreppa
S/o Late Guttappagouda
Since deceased by his legal
representatives:
2.a) Smt. Devakkemma
W/o Late Shankreppa
Aged about: 65 years,
Occ: Household,
2.b) Smt. Awwamma
W/o Goudappagouda
Aged about: 49 years,
Occ: household,
R/o: Singanhalli,
Tq: Shahapur,
Dist: Yadgir - 585 201.
2.c) Smt. Guramma
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W.P.No.103581/2013
W/o Gurunathreddy
Aged about: 46 years,
Occ: Household,
2.d) Smt. Kantamma
W/o Ramangouda
Aged about 44 years
Occ: Household
2e) Smt. Sowbhagyamma
W/o Nanagouda
Aged about: 43 years,
Occ: Household,
R/o: Dummadari,
Tq: Jewargi, Dist: Gulbarga.
2.f) Sri Paravatreddy
S/o Shankareppa Wankihal,
Since deceased by Lrs
2.f 1) Mahadevi
W/o Paravathreddy Wankihal,
Age: 40 years, Occ: Agriculture,
R/o Naganoor, Tq. Shorapur,
Dist: Yadgir.
2f 2) Shankargouda
S/o Paravathreddy Wankihal,
Age: 19 years, Occ: Student,
R/o Naganoor, Tq. Shorapur,
Dist: Yadgir.
3. Smt. Ayyamma
W/o Basavantraya
Aged about: 90 years,
Occ: household,
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W.P.No.103581/2013
4. Smt. Shankremma
W/o Goudappagouda
Aged about: 85 years,
Occ: household,
R/o: Singanhalli,
Tq: Shahapur, Dist: Yadgir.
Petitioners No.1,2,2a,2c,2f & 3 are all
Residing at Naganoor village in
Shorapur Taluk, Dist: Yadgir - 585 201.
... Petitioners
(By Sri G.G. Chagashetti, Advocate)
AND:
1. The State of Karnataka
By its Secretary,
Revenue Department,
M.S. Building, Bangalore - 1.
2. The Land Tribunal Shorapur
Dist: Yadgir - 585 201,
By its Chairman,
3. Smt. Jettewwa
D/o Bheemappa Harijan
Aged about: 45 years,
Occ: Household,
R/o: Kembhavi, Tq: Shorpaur,
Dist: Yadgir.
4. The Assistant Commissioner
Shorapur, Dist: Gulbarga.
... Respondents
(By Sri A. Syed Habeeb, AGA for R1, R2 & R4,
Sri Huleppa Heroor, Advocate for R3)
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W.P.No.103581/2013
This Writ Petition is filed under Articles 226 & 227
of the Constitution of India, praying to issue a writ of
certiorari and to quash the order dated 19.09.1982
issued by the 4th respondent in No: LRF/LND/27/82-83
produced at Annexure-D.
This petition coming on for Preliminary Hearing in
'B' Group this day, the Court made the following:
ORDER
The declaration in Form No.66 of the Karnataka Land Reforms Act, 1961 (for short the 'KLR Act') when filed by the father of the petitioners, being aggrieved by the order dated 19.09.1982 in LRF/LND/27/82-83 of the fourth respondent - Assistant Commissioner granting 3 acres 34 guntas in Sy.No.311 of Kembhavi village, have presented this petition.
2. It is the assertion of the petitioners that late Guttappa Gouda, the holder of agricultural lands filed a declaration in Form No.66 before the Land Tribunal resulting in an order recording a finding that the 5 W.P.No.103581/2013 declarant held surplus lands following which the Assistant Commissioner by the order impugned, exercising jurisdiction under Section 77 of the KLR Act, granted the land to the third respondent. The order of the Land Tribunal recording holding of surplus land by the declarant when called in question, this Court by order dated 17.11.2000 in W.P.No.989/1999 (KLRA) quashed the said order and remitted the proceeding to the Tribunal for fresh consideration. On remand, the Land Tribunal by order dated 17.01.2013 stated that the notice dated 01.02.1982, since quashed, was confirmed which when called in question in W.P.No.100873/2013, this Court by order dated 28.05.2013 Annexure-C quashed the said order and remitted the proceedings for fresh consideration for the second time. Ever since then the proceeding is pending consideration before the Land Tribunal. 6 W.P.No.103581/2013
3. Petitioners aggrieved by the endorsement dated 17.01.2013 of the third respondent rejecting the claim of the petitioners to delete the name of grantee filed W.P.No.102806/2013 whence petition was permitted to be withdrawn with liberty to question the order of grant made in favour of one Jattewwa. Hence this petition.
4. There can be no more doubt that the declaration in Form No.66 under the KLR Act of the land holdings of Guttappa Gouda is pending consideration before the Land Tribunal, in other words the lands subject matter of declaration are not held to be surplus lands and more particularly land measuring 3 acres 34 guntas in Sy.No.311 which is part and parcel of the declaration.
5. Grant of surplus land is governed by Section 77 of the KLR Act which reads that surplus land vesting in the State Government under the Act, land directed to be disposed of under sub-section (3) of Section 45, section 58, section 60, land vesting in the State Government 7 W.P.No.103581/2013 under section 79A, section 79B or under any other provision of this Act, may, subject to reservation be granted by the Deputy Commissioner or any other officer authorised by the State Government in this behalf to certain persons and in the manner prescribed.
6. Therefore, grant of land in favour of Jattewwa in Sy.No.311 exercising jurisdiction under Section 77 of the KLR Act, not being surplus land since the declaration is pending consideration before the Land Tribunal, the grant is invalid.
7. It may be that, during the interregnum from the date of order of the Land Tribunal declaring surplus land measuring 3 acres 34 guntas in Sy.No.311 up to the date of the order dated 17.11.2000 in W.P.No.989/1999 quashing the order of the Land Tribunal declaring surplus land, the grant made in favour of Jattewwa was valid but after the order dated 17.11.2000, necessarily will have to be held as illegal. 8 W.P.No.103581/2013
8. Since it is not sure as to whether or not the Land Tribunal would declare the granted land as surplus land, nevertheless a grant has been made in favour of Jattewwa, who is in possession of the same ever since the year 1982 and therefore it is unfair to disturb her possession at this distance of time. In the circumstance, it is necessary to observe that in the event Land Tribunal allows the declaration filed by Guttappa Gouda and holds that there is no surplus land, then the grantee Jattewwa must hand over vacant possession of the land in favour of the petitioners who are the legal representatives of Guttappa Gouda and if not done, the State must ensure re-delivery of possession of the said land to the land owners. If on the other hand, the Land Tribunal holds that the granted land is surplus land, then the question of challenging the said grant does not arise.
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9. Subject to the above observations, petition is disposed of.
Sd/-
JUDGE swk