Karnataka High Court
N Raghavendra Murthy vs State Of Karnataka on 19 June, 2020
Author: S.Sunil Dutt Yadav
Bench: S. Sunil Dutt Yadav
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
R
DATED THIS THE 19TH DAY OF JUNE 2020
BEFORE
THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV
WRIT PETITION Nos. 22658-22662/2015 &
22663/2015 (KLR-RES)
C/W
W.P. No.23040/2015 (KLR-RR/SUR),
W.P. No.23079/2015 (KLR-RR/SUR)
W.P. No.23791/2015 (KLR-RR/SUR)
W.P. No.24853/2015 (KLR-RR/SUR)
W.P. Nos.25462-25497/2015 (KLR-RR/SUR)
W.P. No.25592/2015 (KLR-RR/SUR),
W.P. Nos.25655-25656/2015 (KLR-RES)
W.P. Nos.25663-25673/2015 (KLR-RES)
W.P. Nos.25675-25686/2015 (KLR-RES)
W.P. No.26062/2015 (KLR-RES)
W.P. Nos.26063-26064/2015 (KLR-RR/SUR)
W.P. Nos.26717/2015 & 26852/2015 (KLR-RR/SUR)
W.P. Nos.26814-26815/2015 (KLR-RR/SUR)
W.P. No.26816/2015 (KLR-RR/SUR)
W.P. Nos.27488-27492/2015 &
27494-27495/2015 (KLR-RES)
W.P. Nos.27761-27762/2015 (KLR-RR/SUR)
W.P. No.27966/2015 (KLR-RR/SUR)
W.P. Nos.28082-28085/2015 (KL-RR/SUR)
W.P. No.28196/2015 (KLR-RR/SUR)
2
W.P. No.28197/2015 (KLR-RES)
W.P. No.28198/2015 (KLR-RR/SUR)
W.P. No.28199/2015 (KLR-RR/SUR)
W.P. Nos.28247-28248/2015 (KLR-RES)
W.P. No.28250/2015 (KLR-RES),
W.P. No.28456/2015 (KLR-RR/SUR)
W.P. Nos.28719/2015 &
28720-28723/2015 (KLR-RR/SUR)
W.P. Nos.28759-28764/2015 (KLR-RES)
W.P. No.28853/2015 (KLR-RR/SUR)
W.P. No.29049/2015 (KLR-RES)
W.P. Nos.30553-30558/2015 & 32034-32038/2015 &
32039/2015 (KLR-RR/SUR)
W.P. Nos.30603/2015 &
34567-34568/2015 (KLR-RR/SUR)
W.P. No.31029/2015 (KLR-RR/SUR)
W.P. Nos.31138-31143/2015 (KLR-RES)
W.P. No.31444/2015 (KLR-RES)
W.P. Nos.33192-33194/2015 (KLR-RR/SUR)
W.P. Nos.35324/2015 & 44691-44693/2015 (KLR-RES)
W.P. Nos.35654/2015 & 42912-42916/2015 (KLR-RES)
W.P. Nos.36304/2015 & 2830-2833/2016 (KLR-RES)
W.P. No.43884/2015 (KLR-RES)
W.P. Nos.12633/2016 & 15024/2016 (KLR-RR/SUR)
W.P. Nos.63797-63798/2016 (KLR-RES)
W.P. No.1900/2018 (KLR-RES)
W.P. No.44533/2018 (KLR-RES)
3
W.P. Nos.22658-22662/2015 & 22663/2015
Between:
1. N. Raghavendra Murthy
S/o Late Narappa
Aged about 62 years
#L 214-215, 807, HUDCO
2nd Stage, Kuvempunagar
Mysore - 23
2. Ateeq Ahmed
S/o Late Abdul Rawoof
Aged About 46 years,
#33, A R Farm, Rayakere,
Chowdalli Village,
Mysore - 08
3. M.D. Ranga
S/o. Late Devappa Nayak,
Age 52 years,
No.59, VRC Yadagiri,
Mysore - 20
4. G B Manjunath
S/o. G B Basappa,
Aged 53 years,
No.203, 3rd Floor,
Priyadarshini Apartment,
Nazarabad,
Mysore.
5. Mujeed Ahmad
S/o Late Abdul Salam,
Aged about 42 years,
Residing near Mysore Public School,
Chowdalli Village,
Mysore - 08.
4
6. Smt Saleha Begum
W/o Late Abdul Subhan
Aged about 68 years,
Chowdalli Village,
Mysore - 08. ... Petitioners
(By Sri P.N.Hegde, Advocate)
And:
1. State of Karnataka
Department of Revenue,
M S Building,
Bangalore - 01,
Rep by its Secretary.
2. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. Thasildar
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M.A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the impugned
order dated 26.5.2015 in Case No. RRT.ETC.230[1-
10]/2009-10, 1109 & 1152/11-12, New No. RRT.542/2014-
15 passed by the R-2 at Annex-A in so far as the petitioners
are concerned and etc.
W.P. No.23040/2015
Between:
Smt. B. M. Yashoda
W/o. Late Guruswamy M,
5
Aged about 67 years,
R/at No. 876/6, Vanivilasa Road,
Lakshmipuram,
Mysore - 570 004. ... Petitioner
(By Sri. S. Kalyan Basavaraj, Advocate)
And:
1. State of Karnataka
Department of Revenue,
By its Principal Secretary,
M. S. Building,
Dr. Ambedkar Veedhi,
Bangalore 560 001.
2. Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tahasildar
Mysore Taluk,
Mysore - 570 001.
4. The Mysore Urban Development Authority
Mysore - 570 001.
By its Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
order dated 26.05.2015 passed by the Deputy
Commissioner, Mysore District, Mysore, vide Annexure-A
insofar as it relates to the schedule property and etc.
6
W.P. No. 23079/2015
Between:
Smt. Vasanthi Hegde
W/o. Gangaiah Hegde,
Aged about 75 years,
R/at No.10, Chatanahalli,
Belur Taluk,
Hassan District - 573 115.
Represented by her GPA Holder,
Sri. Naveen Nath,
No.714, 2 AC,
HRBR 1st Block,
Kalyan Nagar,
Bangalore - 560 043. ... Petitioner
(By Sri. S. Kalyan Basavaraj, Advocate)
And:
1. State of Karnataka
Department of Revenue,
By its Principal Secretary,
M. S. Building, Dr. Ambedkar Veedhi,
Bangalore - 560 001.
2. Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tahasildar
Mysore Taluk,
Mysore - 570 001.
4. The Mysore Urban Development Authority
Mysore - 570 001.
By its Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
7
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
order dated 26.05.2015 passed in Case No.RRT:540/2014-
15 passed by the Deputy Commissioner, Mysore District,
Mysore, produced at Annexure-A insofar as it relates to the
Schedule Property and etc.
W.P. No.23791/2015
Between:
Mr. A Chandrashekar
S/o. Late A.N. Ananthanarayana
Aged about 76 years
Residing at No.1120,
6th Main Road,
Ramakrishnanagar "K" Block,
Mysore - 01. ... Petitioner
(By Sri. P.N. Hegde, Advocate)
And:
1. State of Karnataka
Department of Revenue,
M.S. Building,
Bangalore - 560001.
Represented by its Secretary.
2. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. Thasildar,
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M.A. Subramani, HCGP)
8
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
order dated 26.05.2015, passed by the R-2 at Annex-A in so
far as the petitioner is concerned.
W.P. No.24853/2015
Between:
Sri. P. M. Ramu
S/o. Late Sri. Munivenkatappa,
Aged about 70 years,
Owner of land bearing Sy. No.39,
Chowdahalli,
Mysore Taluk,
Mysore District - 570 031. ... Petitioner
(By Sri. M. Shivaprakash, Advocate)
And:
1. The Principal Secretary
Department of Revenue,
State of Karnataka,
M. S. Building,
Bangalore - 560 001.
2. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tahasildar
Kasaba Hobli,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
9
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to call for the entire
records in Case No.RRT/230(1-10)/2009-10, 1109 &
1152/2011-12 assigned with New No. RRT 542/2014-15
dated 26.05.2015 passed by respondent No.2 - Deputy
Commissioner, Mysore District; quash the impugned order
in Case No. RRT/230(1-10)/2009-10, 1109 & 1152/2011-
12, assigned with New No. RRT.542/2014-15 dated
26.05.2015 passed by R2-Deputy Commissioner, Mysore
District at Annexure-F insofar as petitioner's land is
concerned and etc.
W.P. Nos.25462-25497/2015
Between:
1. Sri. Roy Peter
S/o. C. P. Peter,
Aged about 54 years,
R/at Peters Farm, K. C. Layout,
Chamundi Hill Road,
Mysore - 570 011.
2. Smt. Rani Peter
W/o. Dr. Bobby Cyriac,
Aged about 53 years,
R/at Peters Farm, K. C. Layout,
Chamundi Hill Road,
Mysore - 570 011.
3. Smt. Reebi Peter
D/o. Dr. M. M. Poulose
Aged about 59 years,
R/at Peters Farm, K. C. Layout,
Chamundi Hill Road,
Mysore - 570 011.
4. Smt. Achamma Peter
W/o. C. P. Peter
10
Aged about 86 years,
Rep. by her GPA Holder
Sri. Roy Peter - 1st Petitioner
R/at Peters Farm, K. C. Layout,
Chamundi Hill Road,
Mysore - 570 011.
5. Dr. Kiran Varghese
S/o. Abraham Varghese,
Aged about 53 years,
R/at Peters Farm, K. C. Layout,
Mysore 570 011.
6. Sri. George Thomas
S/o. K. E. Thomas,
Aged about 69 years,
R/at Peters Farm,
K. C. Layout,
Chamundi Hill Road,
Mysore - 570 011.
7. Sri. C. D. Krishnegowda
S/o. Dasegowda,
Aged about 81 years,
R/at Saraswathi Farm,
Chamundi Hill Road,
Next to J. C. Nagar,
Mysore - 570 011.
8. Sri. K. Mohan
S/o. C. D. Krishnegowda,
Aged about 53 years,
Rep. by his GPA Holder
C. D. Krishnegowda -
8th Petitioner,
R/at Saraswathi Farm,
Chamundi Hill Road,
Next to J. C. Nagar,
Mysore - 570 011.
11
9. Kum. M. Manika
D/o. K. Murali,
Aged about 20 years,
R/at Saraswathi Farm,
Chamundi Hill Road,
Next to J. C. Nagar,
Mysore - 570 011.
10. Dr. K. Mukunda
S/o. C. D. Krishnegowda,
Aged about 50 years,
Rep. by his GPA holder,
C. D. Krishnegowda,
i.e., 8th Petitioner
R/at Saraswathi Farm,
Chamundi Hill Road,
Next to J. C. Nagar,
Mysore - 570 011.
11. Sri. K. Manu
S/o. C. D. Krishnegowda,
Aged about 48 years,
R/at Saraswathi Farm,
Chamundi Hill Road,
Next to J. C. Nagar,
Mysore - 570 011.
12. Sri. K. Madhu
S/o. C. D. Krishnegowda,
Aged about 46 years,
R/at Saraswathi Farm,
Chamundi Hill Road,
Next to J. C. Nagar,
Mysore - 570 011.
R/at Manaswini Enterprises
Khatha Nos.216 & 217,
Chamundi Hill Main Road,
Mysore - 570 011.
12
13. Smt. Saroja Venugopal
W/o. Late A. Venugopal,
Aged about 81 years,
R/at Manaswini Enterprises
Khatha Nos.216 & 217,
Chamundi Hill Main Road,
Mysore - 570 011.
14. Sri. A. V. Ashok
S/o. Late A. Venugopal,
Aged about 57 years,
R/at Manaswini Enterprises
Khatha Nos.216 & 217,
Chamundi Hill Main Road,
Mysore - 570 011.
15. Sri. Mohammed Eshaque Ahmed
S/o. Late Haji Mohammed Ibrahim,
Aged about 34 years,
R/at Door No.133, C. V. Road,
4th Cross, Bannimantap 'A' Layout,
Mysore - 570 015.
16. Sri. A. Ravindran Thuruthiyil @ Babu
S/o. Appu,
Aged about 52 years,
R/at No.500/4, Chamundi Village Villa,
Lursun Garden,
Ranaprathap Singh Road,
Behind Jocky Quarters & Police Bhavan,
Mysore - 570 010.
17. Sri. R. Jayaraj
S/o. Ramaswamy Gounder,
Aged about 70 years,
R/at Door No.4/145,
Patturgoundanpalyam,
Pudugai Thottam,
Tiruchengodu Taluk,
Namakkal District,
13
Tamil Nadu.
Rep. by his GPA holder
Sri. M. Sundar Raj
S/o. S. Manikyam,
Aged about 50 years,
R/at No.650 E and F Block,
4th Main, 4th Cross Street,
Ramakrishna Nagar,
Mysore - 570 027.
18. Smt. Kalpana Dharmalingu
W/o. Late Dharmalingu,
Aged about 45 years,
R/at Door no.2061/4,
2nd Cross, Subhashnagar,
Mandya - 571 401.
19. Smt. Jayalakshmi
W/o. Venugopal Rao,
Aged about 77 years,
R/at 1848, Venu Vihar,
'K' Block, 1st Main, 1st Cross,
Kuvempunagar,
Mysore - 570 023.
20. Sri. Motilal Ranka
S/o. Late Basthimal,
Aged about 76 years,
R/at Door No. 174,
Vivekananda Road,
Mysore - 570 008.
21. Smt. S. Meenakshi
W/o. Late T. Somu,
Aged about 65 years,
Rep. by their GPA holder
Sri. K. Manu
S/o. C. D. Krishnegowda,
Aged about 49 years,
R/at Saraswathi Farm,
14
Chamundi Hill Road,
Mysore - 570 011.
22. Smt. S. Asha
D/o. Late T. Somu,
Aged about 45 years,
Rep. by their GPA holder
Sri. K. Manu
S/o. C. D. Krishnegowda,
Aged about 49 years,
R/at Saraswathi Farm,
Chamundi Hill Road,
Mysore - 570 011.
23. Sri. S. Praveen
S/o. Late T. Somu,
Aged about 37 years,
Rep. by their GPA holder
Sri. K. Manu
S/o. C. D. Krishnegowda,
Aged about 49 years,
R/at Saraswathi Farm,
Chamundi Hill Road,
Mysore - 570 011.
24. Sri. B. G. Uttaiah
S/o. B. W. Ganapathi,
Aged about 60 years,
R/at Vaishnavi Farm,
No.4, Hissa P-30,
Kurubarahalli,
Mysore - 570 010.
25. Smt. Naina Achappa,
W/o. B. K. Achappa,
Aged about 59 years,
R/at No.19, Kaveri Nilaya,
Lalitha Mahal Road,
Mysore - 570 011.
15
26. Sri. Trishul Aiyappa,
S/o. B. K. Aiyappa,
Aged about 37 years,
R/at No.19, Kaveri Nilaya,
Lalitha Mahal Road,
Mysore - 570 011.
27. Smt. Trupthi Achappa
D/o. B. K. Achappa,
Aged about 34 years,
R/at No.19, Kaveri Nilaya,
Lalitha Mahal Road,
Mysore - 570 011.
28. Sri. Anil Kumar K. A
S/o. K. Murthy,
Aged about 43 years,
R/at Anil Farm,
Marthikyathanahalli,
Jayapura Hobli,
Bogadi Road,
Mysore - 570 005.
29. Sri. Michael Floyd Eshwar
S/o. B. S. Eshwar,
Aged about 50 years,
R/at No.1, Banaswadi Road,
Cooks Town,
Bangalore - 560 005.
30. Sri. Devid Santwan
S/o. R. P. Santwan,
Aged about 59 years,
R/at no.38/2, Kripa Apartments,
PCH Road, Chetput,
Chennai - 600 031.
Tamil Nadu.
31. Sri. H. Dharama Chand
S/o. Harakchand,
16
Aged about 75 years,
R/at No.92/2, Thyagaraja Road,
Fort Mohalla,
Mysore - 570 024.
32. Sri. H. S. Rajesh Jain
S/o. Suwalal Jain,
Aged about 42 years,
R/at No.402/2-KB,
Renukacharya Temple Street,
Fort Mohalla,
Mysore - 570 024.
33. Sri. H. S. Kamalesh Jain
S/o. Suwalal Jain,
Aged about 38 years,
R/at No.402/2-KB,
Renukacharya Temple Street,
Fort Mohalla,
Mysore - 570 024.
34. Sri. H. S. Naveen Jain
S/o. Suwalal Jain,
Aged about 35 years,
R/at No.402/2-KB,
Renukacharya Temple Street,
Fort Mohalla,
Mysore - 570 024.
35. Sri. B. Mayur B. Shah
S/o. Bipin R. Shah
Aged about 32 years,
R/at No.12/A-1,
Lokaranjan Mahal Road,
Mysore - 570 010.
36. Sri. B. Ramalingu
S/o. Late S. Boraiah
Aged about 70 years,
R/at No. 980, Arunachalam Street,
17
Ittigegud,
Mysore - 570 010. ... Petitioners
(By Sri. R.S. Ravi, Advocate)
AND
1. The State of Karnataka
Rep. by its Principal Secretary
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
2. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tahsildar
Mini Vidhana Soudha,
Nazarbad Mohalla,
Mysore - 570 010.
4. The Deputy Conservator of Forest
Mysore Circle,
Aranya Bhavan,
Ashokpuram,
Mysore - 570 008. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order of
even dated 26.05.2015 made in No.RRT/540/2014-15 &
No.RRT/541/2014-15 respectively passed by R-2 insofar as
petitioners land is concerned vide Annexure-AM and AM1
and etc.
18
W.P. No.25592/2015
Between
Smt. Pramoda Devi Wadiyar
W/o. Late Sri. Srikantadatta
Narasimharaja Wadiyar
Aged about 62 years,
Residing at Mysore Palace,
Mysore - 570 001. ... Petitioner
(By Sri. B. V. Acharya, Senior Counsel for
Sri. C. K. Venkatesh, Advocate)
And:
1. The State of Karnataka
Represented by its Secretary,
Department of Revenue,
M. S. Building,
Bangalore - 560 001.
2. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Thahasildhar
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
order dated 26.05.2015 passed by R-2 at Annexure-K insofar
as the petitioner is concerned and etc.
19
W.P. Nos.25655-25656/2015
Between:
1. N. Ravish
S/o. B. Nagappa,
Aged about 50 years,
2. N. Lokesh
S/o. B. Nagappa,
Aged about 53 years,
R/at No.4/P31,
Lalithadripura Road,
Kurubarahally,
Kasaba Hobli,
Mysore Taluk and District - 570 011.
Postal Address at No.12,
17th 'A' Main, V Block,
Koramangala,
Bangalore 560 095.
Represented by Attorney Holder
N. Ravish - Petitioner No.1. ... Petitioners
(By Sri. Vinay S., Advocate)
And:
1. State of Karnataka
Rep. by its Principal Secretary to Government,
Revenue Department,
Vikasa Soudha,
Bengaluru - 560 001.
2. The Deputy Commissioner
Mysuru Taluk,
Mysuru - 570 011.
20
3. The Tahsildar
Mysuru Taluk,
Mysuru - 570 011.
4. Mysore Urban Development
Authority (MUDA)
Jhansi Laxmibai Road,
Mysore 570 011.
Represented by its
Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order dated
26.05.2015 passed by R2 vide Annexure-A; direct R3 to
restore the RTC and Mutation entries in the name of
petitioners and remove B Kharab in the revenue records and
etc.
W.P. Nos.25663-25673/2015
Between:
1. Mr Nanjappa Kuttaiah
S/o late K.N. Kuttaiah,
Aged about 55 years,
R/at Craigmore,
'A' Estate, P.B.No.30
Pollibetta-571215
Kodagu
2. K.S. Subbaiah
S/o K. B. Somana,
Aged about 50 years,
R/at No.3, Cubbon View Apartment,
P.G. D' Souza layout,
21
22/5, Vittal Mallya Road,
Bangalore-560001.
3. Mr. Manepanda Naren Beliappa
S/o Late Manepanda P Beliappa,
Aged about 63 years,
4. Mrs. Jayanthi Beliappa
W/o. Manepanda Naren Beliappa
Aged about 58 years,
Petitioner Nos.3 and 4 are
R/at No.262, Defence Colony,
6th Main, 1st Cross,
Indiranagar 2nd stage,
Bangalore-560038.
5. Mrs. Padma Nair
D/o K.M. Ponappa,
Aged about 55 years,
R/at No.2021, High Point II,
45, Palace Road,
Bangalore-560001.
6. Joseph J Kiran
S/o Late K.K. Joseph
Aged about 40 years,
R/at Boovenhally Estate,
Siddapura,
Kodagu.
7. Mr. A.M. Ganapathy
S/o Late A.M. Mudappa
Aged about 65 years,
R/at Vivekananda Estate,
Chettali Post,
Kodagu District-571480.
22
8. I.N. Sridhar
S/o late I.S. Nanjappa
R/at No.41, 5th main,
Jayalakshmipuram,
Mysore-570012.
9. H.S. Ramesh
S/o late H.B. Sivaramappa,
Aged about 43 years,
R/at Handanahally,
Bilikere Hobli,
Hunsur Taluk,
Mysore District.
10. A. Sathish Babu
S/o Dr. A.P Amarendra,
Aged about 48 years,
R/at no.95, 5th A cross,
Vidyagiri Layout,
Vijayanagar,
Bangalore
11. B. Somashekar
S/o late L.B. Basavegowda,
Aged about 58 years,
R/at Bommanahalli village,
Harihara Post,
K.R Pete Taluk,
Mandya District. ... Petitioners
(By Sri. Vinay S., Advocate)
And:
1. State of Karnataka
Represented by its Principal Secretary
to Government
Revenue Department
Vikasa Soudha
Bangalore - 560 001.
23
2. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. The Tahsildar,
Mysore Taluk,
Mysore - 570 001.
4. Mysore Urban Development
Authority (MUDA)
Jhansi Laxmibai Road,
Mysore - 570001
Represented by its Commissioner ... Respondents
(By Sri Dhyan Chinnappa, Additional Advocate General
a/w Sri. M.A. Subramani, HCGP, for R1 to 3)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
passed by the R-2 Dated 26.5.2015 vide Annexure-A; direct
R3 to restore the RTC and mutation entries in the name of
petitioners and remove B Kharab in the revenue records and
etc.
W.P. Nos.25675-25686/2015
Between:
1. K M Achaiah
S/o late K K Muddappa
Aged About 80 years,
2. Mrs. Muthu Achaiah
W/o K M Achaiah,
Aged About 66 years,
3. Miss Yasmin Achaiah
D/o. K M Achaiah
Aged about 42 years,
24
Petitioner Nos.1, 2 and 3 are
R/at Sy No.4/P31
Gitanjali Farm,
Lalithadripura Road,
P B No.6, Siddarthanagar,
Mysore - 570011
4. Mrs. A K Mudappa
W/o. A M Mudappa
Aged about 85 years,
R/at Vivekananda Estate,
Chettalli P O
Kodagu - 571248
5. Mrs. Pramila Muthanna
W/o. Late K M Muthanna
Aged about 66 years,
6. Deepali Chengappa
D/o late K M Muthanna ,
Aged about 33 years,
7. K M Belliappa
S/o Late K M Muthanna ,
Aged about 31 years,
(Petitioner Nos.6 and 7 are
represented by GPA Holder
Pramila Muthanna/Petitioner No.1)
Petitioner Nos.6, 7 and 8 are
R/at P O No.10,
Craigmore Estate,
Pollibetta, Kodagu.
8. Mandepanda Appaiya Ganapathy
S/o. M M Appaiya,
Aged about 53 yeras,
R/at Wadderhalli Estate,
Siddapura
Kodagu 571253.
25
9. Mr. A D Bopana,
S/o. Late A M Devaiah,
Aged about 68 years,
10. Mrs. Jyothi Bopana,
W/o. A D Bopana,
Aged about 60 years,
Petitioner Nos.9 and 10 are
R/at Kathlekad Estate,
P.B. No.94, Kadagadal Village,
Madikeri-571201,
Kodagu.
11. Nanda Alaganan
S/o Balu Alaganan,
Aged about 55 years,
R/at no.13/1,
Arunachalam Road,
Chennai-600085
12. Miss Yasmin Achaiah,
D/o K M Achaiah,
Aged about 41 years,
R/at Gitanjali Farm,
Lalithadripura Road,
P.B.No.6, Mysore-570011. ... Petitioners
(By Sri. Vinay S., Advocate)
And:
1. State of Karnataka
Represented by its
Principal Secretary to Government
Revenue Department
Vikasa Soudha
Bangalore - 01
26
2. The Deputy Commissioner
Mysore District
Mysore - 570 011.
3. The Tahsildar
Mysore taluk
Mysore - 570 011
4. Mysore Urban Development
Authority (MUDA)
Jhansi Laxmibai Road,
Mysore-570011.
Represented by its
Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M.A. Subramani, HCGP for R1to R3;
Sri. T.P. Vivekananda, Advocate for R4)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
passed by the R-2 Dated 26.5.2015 vide Annex-A; direct the
R-3 to restore the RTC and mutation entries in the name of
petitioners and remove B Kharab in the revenue records and
etc.
W.P. No.26062/2015
Between:
M.S. Shankar
S/o. Sri. L. Shivalingaiah,
Aged about 43 years,
R/at No.74, 1st Main,
5th Cross, K.C.Layout
Mysuru. ... Petitioner
(By Sri. Dharmesh A., Advocate)
27
And:
1. State of Karnataka,
Represented by its Secretary,
Revenue Department,
M.S. Building,
Bangalore - 560 001.
2. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. The Tahasildar,
Mysore Taluk,
Mysore - 570 001.
4. The Commissioner
Mysore Urban Development Authority
Jhansi Lakshmi Bai Road,
Mysuru - 570 005 ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.5.2015 passed by the R-2 vide Annex-A and thereby
confirm the order dated 20.6.2012 passed by the R-2 vide
Annex-U and etc.
W.P. Nos.26063-26064/2015
Between:
C. Maheswaran,
S/o. Sri. H.R. Chandrashekar,
Aged about 56 years,
R/at No.79, Income Tax Layout,
28
Chamundi Hill Road,
Siddhartha Nagar Post
Mysuru. ... Petitioner
(By Sri. Dharmesh A., Advocate)
And:
1. State of Karnataka,
Represented by its Secretary,
Revenue Department,
M.S. Building
Bangalore - 560 001.
2. The Deputy Commissioner,
Mysuru District,
Mysuru - 570 001.
3. The Tahasildar
Mysore Taluk,
Mysuru - 570 001.
4. The Commissioner
Mysore Urban Development Authority
Jhansi Lakshmi Bai Road,
Mysuru- 570 005 ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order dated
26.5.2015 passed by the R-2 in the proceedings vide Annex-
A in so far as it relates to the lands of the petitioner and
thereby confirm the order dated 20.6.2012 passed by the R-2
vide Annex-Q in so far as it relates to the lands of the
petitioner and etc.
29
W.P. Nos.26717/2015 & 26852/2015
Between:
1. JSS Mahavidya Peeta,
Dr. Sri Shivaratree Rajendra Circle,
Mysore - 570 004,
Represented by its Executive Secretary,
Sri B.N. Betkerur.
2. JSS Ayurveda Medical College,
Lalithdhripura Road,
Mysore - 570 028,
Represented by its Principal
Dr. K. Lakshmesh Upadhya. ... Petitioners
(By Sri. Jayakumar S. Patil, Senior Counsel for
Sri. A. Mahammed Tahir, Advocate)
And:
1. The State of Karnataka
Dept. of Revenue,
M.S. Building,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its
Principal Secretary.
2. Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tashildhar
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
30
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the impugned
order dated 26.05.2015, vide Annexure-M passed by the R-2.
W.P. Nos.26814-26815/2015
Between:
1. Sri DharmasthalaManjunatheshwara
Education Trust (Regd.),
Ujire, Dakshina Kannada,
Ujire - 574 240
Represented by its Vice President
Mr.D. Surendra Kumar
2. Sri DharmasthalaManjunatheshwara
Educational Society (Regd.),
Ujire, Dakshina Kannada,
Ujire - 574 240
Represented by its Vice President
Mr.D. Surendra Kumar ... Petitioners
(By Sri G. Krishnamurthy, Senior Counsel for
Ms. Aparna N., Advocate)
And:
1. State of Karnataka
Represented by Chief Secretary,
Vidhana Soudha,
Bengaluru - 560 001.
2. State of Karnataka
Department of Revenue,
M. S. Building,
Bengaluru - 560 001.
Rep. by its Secretary.
3. The Deputy Commissioner
Mysore District,
Mysuru - 570 001.
31
4. The Tahsildar
Mysore Taluk,
Mysuru - 570 005. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order dated
26.05.2015 vide Annexure-A passed by Deputy
Commissioner, Mysore District, Mysore and consequently
direct the respondents to restore the mutation and Khata in
the name of the petitioners in respect of the schedule A and
B properties by deleting the mutation and RTC entries made
pursuant to the order passed by the Deputy Commissioner
and etc.
W.P. No. 26816/2015
Between:
Smt. Alaka R. Pai
W/o. Shri Rajesh Pai,
Aged 45 years
Villa No.6, Villa Delmer,
Sarjapur Road,
Bangalore - 560 102. ... Petitioner
(By Sri. G. Krishnamurthy, Senior Counsel for
Ms. Aparna N., Advocate)
And:
1. State of Karnataka
Represented by Chief Secretary,
Vidhana Soudha,
Bengaluru - 560 001.
2. State of Karnataka
Department of Revenue,
32
M. S. Building,
Bengaluru - 560 001.
Rep. by its Secretary.
3. The Deputy Commissioner
Mysore District,
Mysore 570 001.
4. The Tahsildar
Mysore Taluk,
Mysuru - 570 005. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.05.2015 vide Annexure-A passed by the Deputy
Commissioner, Mysore District, Mysore and consequently
direct the respondents to restore the mutation and Khata in
the name of the petitioners in respect of the schedule
properties by deleting the mutation and RTC entries made
pursuant to the order passed by the Deputy Commissioner
and etc.
W.P. Nos.27488-27492/2015
& 27494-27495/2015
Between:
1. Shri. Talavane Krishna
S/o Late T. Thimmappaiah,
Aged about 66 years,
Talavane Farm,
Lalithadripura,
Mysore - 570 028.
2. Smt. Anita Krishna,
W/o Sri Talavane Krishna
33
Aged about 55 years,
Talavane Farm,
Lalithadripura,
Mysore - 570 028. ... Petitioners
(By Sri. G. Krishnamurthy, Senior Counsel for
Ms. Aparna N., Advocate)
And:
1. State of Karnataka,
Represented by its Chief Secretary,
Vidhana Soudha,
Bangalore - 560 001.
2. State of Karnataka,
Department of Revenue
M.S. Building,
Bangalore - 560 001,
Rep. by its Secretary
3. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
4. The Tahsildar,
Mysore Taluk,
Mysore - 570 005. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order dated
26.5.2015 vide Annexure-'Y' and order dated 26.05.2015
vide Annexure-'Z' passed by Deputy Commissioner, Mysore
District, Mysore and consequently direct the respondents to
restore the mutation and khata in the name of the
petitioners in respect of the schedule properties by deleting
34
the mutations and RTC entries made pursuant to the order
passed by the Deputy Commissioner and etc.
W.P. Nos.27761-27762/2015
Between:
Sri. M. Somesh Kumar
Aged about 60 years,
S/o B.Muddappa,
Mahanandi Farm,
No.1319/14, New No.K. 355/14,
J.C. Nagar, Chamundi Hill Road,
Mysore - 570 011. ... Petitioner
(By Sri Anandarama K., Advocate)
And:
1. State of Karnataka,
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001,
Represented by its
Principal Secretary.
2. The Deputy Commissioner,
Mysore District, Mysore - 570 001.
3. The Tashildar,
Mysore District, Mysore - 570 001.
4. The Mysore Urban Development Authority
JLB Road, Mysore - 570 005
Represented by its Commissioner ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP for R1 to R3;
Sri T.P. Vivekananda, Advocate for R4)
35
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to call for records
leading to order dated 26.05.2015 vide Annexure-A on the
file of the R-2 herein and quash the order dated 26.5.2015
vide Annexure-A passed by the R-2 herein and etc.
W.P. No.27966/2015
Between:
Sri S. Shivaswamy
S/o. Late Shantadevaru,
Aged about 65 years,
R/at 1483/2A, 5th Cross,
Thyagaraja Road,
Mysore.
Represented by its
GPA Holder Sri. Shankar. ... Petitioner
(By Sri. Jayakumar S. Patil, Senior Counsel for
Sri. A. Mahammed Tahir, Advocate)
And:
1. The State of Karnataka
Dept. of Revenue,
M. S. Building,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its Principal Secretary.
2. Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tashildhar
Mysore Taluk,
Mysore - 570 001. ... Respondents
36
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
order dated 26.05.2015 vide Annexure-J passed by R2 and
etc.
W.P. Nos.28082-28085/2015
Between:
1. Dr. M.B. Shashidhara,
S/o T. Boraiah, Aged 56 years,
Residing at No.137, 10th Main,
Saraswathipuram,
Mysore - 570 009.
2. M.B. Chethana,
S/o T. Boraiah, Aged 54 years,
Residing at No.137, 10th Main,
Saraswathipuram,
Mysore - 570 009.
3. M.B. Girish,
S/o T. Boraiah, Aged 52 years,
Residing at No.137, 10th Main,
Saraswathipuram,
Mysore - 570 009.
4. Poorvamrutha Dormentary and Hotel,
A Partnership Firm registered under the
Provisions of the Partnership Act
Having its office at
Rana Prathapa Singh Road,
Opp. Police Horse Park, Mysore,
Represented by its Partner,
Mr. M.B. Chethana. ... Petitioners
37
(By Sri S.S. Naganand, Senior Counsel for
Sri Sriranga S., Advocate)
And:
1. State of Karnataka,
Department of Revenue
Multi Story Building,
Bangalore - 560 001,
Represented by the Principal Secretary.
2. Deputy Commissioner,
Mysore District,
Mysore - 570 009.
3. Tahsildar,
Mysore Taluk,
Mysore - 570 009. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order dated
26.05.2015 vide Annexure-P passed by the R2 in so far as
the petitioners schedule lands are concerned and etc.
W.P. No.28196/2015
Between:
Smt. A.V.Kamalamma
W/o. Venkataswamy Naidu C.,
Aged 76 years,
R/o #86 A, 16th Cross,
V.V.Mohalla,
Mysore - 570 010. ... Petitioner
38
(By Sri Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka. B., Advocate)
And:
1. Deputy Commissioner
Mysore District
Mysore - 570 001.
2. Tahsildar
Mysore District
Mysore - 570 001.
3. Mysore Urban Development Authority
Mysore - 570 001
Represented by its
Commissioner.
4. Principal Secretary
Department of Commerce & Industries
Vikasa Soudha
Dr. Ambedkar Veedhi
Bangalore - 560 001.
5. State of Karnataka
Department of Revenue
Vidhana Soudha
Dr.Ambedkar Veedhi
Bangalore - 560001.
Represented by its
Principal Secretary. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General for
Sri M.A.Subramani, HCGP for R1, R2, R4 & R5;
Sri T.P.Vivekananda, Advocate for R3)
This Writ Petition is filed under Articles 226 and 227
of the Constitution of India, praying to quash the notification
issued by R1 dated 26.05.2015 vide Annexure-A and etc.
39
W.P. No.28197/2015
Between:
Sri. Aroon Raman
S/o. Late V. Raman,
Aged about 55 years,
R/at No. 403, Olyumpus I,
Prestige Acropolis,
Hosur Road, Koramangala,
Bangalore - 560 034. ... Petitioner
(By Sri. Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka B., Advocate)
And:
1. The Deputy Commissioner
Mysore District
Mysore - 570 001.
2. The Tahsildar
Mysore District,
Mysore - 570 001.
3. State of Karnataka
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its
Principal Secretary. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order passed
by the R-1 Deputy Commissioner, Mysore dated 26.05.2015
(produced as Annexure-A) and etc.
40
W.P. No.28198/2015
Between:
1. Sri. R. Ramanujam
Aged about 78 years
S/o. Late T. S. Raghavachary
R/at No.17, Parthasarathy Gardens,
Chennai - 600 018.
2. Smt. Prema Ramanujam
Aged about 73 years
W/o. Sri. R. Ramanujam
R/at No.17, Parthasarathy Gardens,
Chennai - 600 018.
Both represented by Power Holder
Mr. Aroon Raman
S/o. Late V. Raman
Aged about 55 years
R/at No.403, Olyumpus I,
Prestige Acropolis,
Hosur Road, Koramangala,
Bangalore - 560 034. ... Petitioners
(By Sri. Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka B., Advocate)
And:
1. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
2. The Tahsildar
Mysore District,
Mysore - 570 001.
3. State of Karnataka
Department of Revenue
41
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore 560 001.
Represented by its
Principal Secretary. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order passed
by the R-1 dated 26.05.2015 vide Annexure-A and etc.
W.P. No.28199/2015
Between:
M/s. Suraj Condominiums
Private Limited,
No.25/64-66E & 25/65-F,
Lalitha Mahal Road,
Nazrabad Mohalla, Mysore
Represented by
General Power of Attorney Holder,
Sri V.K. Jagadish Babu,
S/o Sri Venkataswamy Naidu,
Aged about 55 years,
Door No.86/A,
16th Cross, V.V. Mohalla,
Mysore - 570 002. ... Petitioner
(By Sri. Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka B., Advocate)
And:
1. Deputy Commissioner,
Mysore District,
Mysore - 570 001.
42
2. Tahsildar,
Mysore District,
Mysore - 570 001.
3. Mysore Urban Development Authority,
Mysore - 570 001
Represented by its Commissioner.
4. Principal Secretary,
Department of Commerce & Industries,
Vikasa Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
5 State of Karnataka,
Department of Revenue,
Vidhanasoudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001
Represented by its
Principal Secretary. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1, R2, R4 & R5;
Sri T.P. Vivekananda, Advocate for R3)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the notification
issued by the R-1 dated 26.05.2015 (Produced as Annexure-
A) and etc.
W.P. Nos.28247-28248/2015
Between:
1. Mrs. Sudha Raman,
W/o Late V. Raman,
Aged about 76 years,
R/at No.19/1, 13th Cross,
43
V.V. Mohalla,
Mysore - 570 002.
2. Mr. Manu Raman,
S/o Late V. Raman,
Aged about 46 years,
R/at No.7A,
Binny Crescent Apartment No.16,
Benson Cross Road,
Bangalore - 560 046.
3. Mr. Vikram Raman,
S/o Late V. Raman,
Aged about 52 years,
C/o No.19/1, 13th Cross,
V V Mohalla,
Mysore - 570 002.
Represented by her GPA holder
Mrs. Sudha Raman,
W/o Late V. Raman,
Aged about 76 years,
R/at No.19/1, 13th Cross,
V V Mohalla,
Mysore - 570 002.
4. Ms. Srilata Raman,
Aged about 52 years,
D/o Late V. Raman,
R/at No.19/1, 13th Cross,
V V Mohalla,
Mysore - 570 002
Represented by her GPA holder
Mr. Aroon Raman,
S/o Late V. Raman,
Aged about 55 years,
R/at No.403, Olyumpus I,
Prestige Acropolis,
Hosur Road,
44
Koramangala,
Bangalore - 560 034. ... Petitioners
(By Sri. Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka B., Advocate)
And:
1. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
2. The Tahsildar,
Mysore District,
Mysore - 570 001.
3. State of Karnataka,
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its
Principal Secretary. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to praying to quash the
order passed by the R-1 bearing No.RRT No.540/2014-15
dated 26.05.2015 (Vide Annexure-A) and etc.
W.P. No.28250/2015
Between:
1. Sri S.R. Madhavan (HUF)
Aged about 65 years,
S/o Late S. Rangachari,
45
C/o 19/1, 13th Cross,
V.V. Mohalla,
Mysore - 570 002.
2. Smt. Chitra Madhavan,
Aged about 60 years,
C/o Sri S.R. Madhavan,
R/at 19/1, 13th Cross,
V.V. Mohalla,
Mysore - 570 002.
Both represented by power holder
Sri Aroon Raman,
S/o Late V. Raman,
Aged about 55 years,
R/at No.403, Olyumpus I,
Prestige Acropolis,
Hosur Road, Koramangala,
Bangalore - 560 034. ... Petitioners
(By Sri. Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka B., Advocate)
And:
1. The Deputy Commissioner,
Mysore District, Mysore - 570 001.
2. The Tahsildar,
Mysore District,
Mysore - 570 001.
3. State of Karnataka,
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its
Principal Secretary. ... Respondents
46
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to praying to quash the
order passed by the R-1 Deputy Commissioner, Mysore
dated 26.05.2015, (Produced as Annexure-A) and etc.
W.P. No.28456/2015
Between:
Shri. C. Bhaskaran
S/o P.K. Panicker,
Aged about 70 years,
Residing at No.153,
5th Cross, Jayanagara,
1st Block,
Bengaluru- 560 011.
Rep. by his power of attorney holder
C.Gopalan
S/o P.K. Panicker
Aged about 73 years,
No.153, 5th Cross,
Jayanagar, 1st Block,
Bengaluru- 560 011. ... Petitioner
(By Sri. G. Krishnamurthy, Senior Counsel for
Ms. Aparna N., Advocate)
And:
1. State of Karnataka,
Represented by Chief Secretary,
Vidhana Soudha,
Bengaluru- 560 001.
2. State of Karnataka,
Department of Revenue
47
M.S. Building,
Bangalore - 560 001,
Rep. by its Secretary
3. The Deputy Commissioner,
Mysuru District,
Mysuru - 570 001.
4. The Tahsildar,
Mysuru Taluk,
Mysuru - 570 005. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.5.2015 vide Annexure-'A' passed by Deputy
Commissioner, Mysuru District, Mysuru and consequently
direct the respondents to restore the mutation and khata in
the name of the petitioners in respect of the schedule
property by deleting the mutation and RTC entries made
pursuant to the order passed by the Deputy Commissioner
and etc.
W.P. Nos.28719/2015 & 28720-28723/2015
Between:
1. Sri. V. Sridhar
S/o Late Venkatasubba Rao
Aged about 58 years,
S.V.S. Enterprises, Yadavagiri,
Mysore.
2. Smt. Jhambavathi
W/o Shreedhar .V
Aged about 53 years,
No.54, 6th Cross,
48
Gokulam Main Road,
1st Stage, Mysore.
3. Sri. Muttappa Rai
S/o Narayana Rai,
Aged about 62 years,
House No.7E-26-27,
Rajmahal Apartment,
9th Main, 8th Cross,
R.M.Extension,
Sadashivnagar,
Bangalore.
4. Sri. Rocky Rai
S/o Muttappa Rai
Aged about 33 years,
House No.7E-26-27
Rajmahal Apartment,
9th Main, 8th Cross,
R.M.Extension,
Sadashivnagar,
Bangalore.
5. Sri. Ricky Rai
S/o Muttappa Rai,
Aged about 24 years,
House No.7E-26-27,
Rajmahal Apartment,
9th Main, 8th Cross,
R.M.Extension,
Sadashivnagar,
Bangalore.
Petitioner Nos.3 to 5 are
represented By their GPA Holder
' Sri. V. Sridhar - (Petitioner No.1) ... Petitioners
(By Sri. Jayakumar S. Patil, Senior Counsel for
Sri. A. Mahammed Tahir, Advocate)
49
And:
1. The State of Karnataka,
Department of Revenue
M.S. Building,
Dr. Ambedkar Veedhi,
Bangalore - 560 001,
Rep. by its Principal Secretary
2. Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. The Tashildar,
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the impugned
order dated 26.5.2015 vide Annexure-'L' passed by the R-2
consequently, direct the respondents to restore the names of
petitioners in the revenue entries as it stood prior to
impugned order at Annexure-M and etc.
W.P. Nos.28759-28764/2015
Between:
1. Sri Hajee Mohamed Iqbal Ahmed
S/o late Hajee Mohamed Ibrahim
Aged about 61 years
R/at #3333-E-4, 6th Cross
Pulikeshi Road
Bannimantap Layout
Mysore - 570 015.
50
2. Mohammed Ifthiqhar Ahmad
S/o late Hajee Mohamed Ibrahim
Aged about 49 years
Door No.16/C,
Banni Mantap A Layout
Hanumanth Nagar Main Road
Mysore - 15.
3. T.N.Rakshitha
D/o Dr.T.S.Nagaraju
Aged about 31 years
Door No.5259, 'Parampare'
1st Block, 2nd Cross
Kanakadasanagar
Mysore - 570 022.
4. T.N.Prajwal
S/o Dr.T.S.Nagaraju
Aged about 31 years
Door No.5259, 'Parampare'
1st Block, 2nd cross
Kanakadasanagar
Mysore - 570 022.
5. Giridhar
S/o late M.Srinivasalu Naidu
Aged about 62 years
No.857, 6th Cross
6th Block, Koramangala
Bengaluru - 95.
6. Smt.Vijayalakshmi Chennegowda
W/o Chennegowda.T
Aged about 67 years
Residing at No.204/A
9th Cross, Gokulam, 3rd stage
Mysore - 02. ... Petitioners
(By Sri R.S. Ravi, Advocate)
51
And:
1. The State of Karnataka
Rep. by its Principal Secretary
Department of Revenue
Vidhana Soudha
Dr.Ambedkar Veedhi
Bengaluru - 560 001.
2. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tahsildar
Mini Vidhana Soudha
Nazarbad Mohallla
Mysore - 570 010.
4. The Deputy Conservator of Forest
Mysore Circle, Aranya Bhavan
Ashokpuram
Mysore - 570 008. ... Respondents
(By Sri Dhyan Chinnappa, Additional Advocate General
a/w Sri M.A.Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
dated 26.05.2015 passed by the R2 in so far as the
petitioners land is concerned, vide Annexure-S and etc.
W.P. No.28853/2015
Between:
P.V. Giri
S/o late P.Varadaraju
Aged 62 years
R/a Door No.73/1
52
Govt. House Road
Nazarbad,
Mysore - 570 002. ... Petitioner
(By Sri S.S.Naganand, Senior Counsel for
Sri Sriranga. S., Advocate)
And:
1. State of Karnataka
Department of Revenue
Multi Storey Building
Bangalore - 560 001
Represented by the
Principal Secretary.
2. Deputy Commissioner
Mysore District
Mysore - 570 001.
3. The Tahsildar
Mysore Taluk
Mysore - 570 001. ... Respondents
(By Sri Dhyan Chinnappa, Additional Advocate General
a/w Sri M.A.Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India praying to quash order dated
26.05.2015 (Annexure-F) passed by the R2 in so far as the
petitioners schedule lands are concerned or in the
alternative and etc.
W.P. No.29049/2015
Between:
Mr.Prashanth M. Uchil
S/o. Late Manamohan
Aged about 60 years
No.56/B, 11th Cross, 1st Block
53
Rajajinagar
Bangalore - 10. ... Petitioner
(By Sri P.N.Hegde, Advocate)
And:
1. State of Karnataka
Department of Revenue
M.S.Building
Bangalore 560001.
Rep. by its Secretary.
2. The Deputy Commissioner
Mysore District
Mysore 570 001.
3. Thasildar
Mysore Taluk
Mysore 570 001. ... Respondents
(By Sri Dhyan Chinnappa, Additional Advocate General
a/w Sri M.A.Subramani, HCGP)
This writ petition is filed under Articles 226 and 227 of
the Constitution of India praying to quash the impugned
order dated 26.05.2015 in case No.R.R.T.ETC.230(1-
10/2009-10, 1109 & 1152/11-12, New No.R.R.T.540/2014-
15 passed by the R2 at Annexure-A in so far as the petitioner
is concerned.
W.P. Nos. 30553-30558/2015 &
32034-32038/2015 & 32039/2015
Between:
1. Sri. B. K. Sanjay
S/o. Late B. S. Keshavamurthy
54
Aged about 51 years,
R/at No. 4, 6th Main,
Yadavagiri,
Mysore - 570 020.
2. Smt. Saritha Sundaram
D/o. Sundaram,
Aged about 43 years,
R/at Door No.124,
1st Main Road, Yadavagiri,
Mysore - 570 020.
3. Sri. M. N. Krishnamurthy
S/o. Late M. Nanjundaraju,
Aged about 72 years,
R/at No.210, Rajasnow Building,
S. C. Road, Sheshadripuram,
Bangalore - 560 020.
4. Sri. B. R Bharath
S/o. Late B. R. R. Iyengar,
Aged about 60 years,
R/at No. 139, 4th Main,
Between 13th & 15th Cross,
Malleswaram,
Bangalore - 560 003.
5. Sri. M. K. Sriram,
S/o. Late M. K. Narayan Iyengar,
Aged about 64 years,
R/at Door No.102, East Park Road,
Malleswaram,
Bangalore 560 003.
6. Sri. H. D. Narayana Babu
S/o. Sri. H. N. Dwarakanath,
Aged about 55 years,
R/at No.257, 17th Cross,
8th Main, Sadashivanagar,
Bangalore - 560 080.
55
7. Sri. M. C. Udaya Prasad
S/o. Late M. S. Cheluva Iyengar,
Aged about 58 years,
R/at No. 1683-D2,
Hanumantharao Street,
2nd Main, Mysore - 570 020.
8. Smt. Leela Nachu
W/o. Sri. N. P. Nachu,
Aged about 78 years,
R/at No.101, R. V. Apartment No.2,
Upper Pipeline,
Seshadripuram,
Bangalore - 560 020.
9. Smt. Usha Rajan
W/o. Sri. N. S. S. Rajan,
Aged about 71 years,
R/at no.13, 3rd Cross,
A. N. Gupta Layout, Adugodi,
Bangalore - 560 030.
10. Sri. Rajendra Naidu
S/o. Sri. Venkataswamy,
Aged about 57 years,
R/at No.77/78, Old Badami Nagar,
Kusugal Road,
Hubli - 580 023.
11. Sri. A. S. Varadarajan
S/o. Sri. A. Srinivasa,
Aged about 82 years,
R/at No.116, Panchavati Apartment,
4th Cross, 5th Main,
Srirampuram,
Bangalore - 560 022. ... Petitioners
(By Sri. B. A. Belliappa, Advocate)
56
And:
1. State of Karnataka
Department of Revenue,
By its Principal Secretary,
M. S. Building,
Dr. Ambedkar Veedhi,
Bangalore 560 001.
2. Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. The Tahsildar,
Mysore Taluk,
Mysore - 570 001.
4. The Mysore Urban Development Authority
Mysore 570 001.
By its Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
These Writ Petitions are filed under Article 226 of the
Constitution of India, praying to quash the impugned order
dated 26.05.2015 passed by the Deputy Commissioner,
Mysore District, Mysore, vide Annexure-A insofar as it
relates to the schedule property.
W.P. Nos. 30603/2015 & 34567-34568/2015
Between:
M/s. Vinayaka Enterprises
Being a registered partnership firm
Having its Office at No.10/1,
57
Lakshminarayana Complex,
Palace Road,
Bangalore 560 052.
Represented by its Partner
Sri. P. Ashwin Pai
Aged about 35 years
S/o. Sri. P. Satish Pai. ... Petitioner
(By Sri. Shivarudrappa Shetkar, Advocate)
And:
1. State of Karnataka
Revenue Department,
Vikas Soudha,
Bangalore 560 001.
By its Secretary
2. The Deputy Commissioner
Mysore District,
Mysore - 570 020.
3. The Tahasildar
Mysuru Taluk,
Mysuru 570 020. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
passed by R-2 dt. 26.05.2015 vide Annexure-A and etc.
W.P. No.31029/2015
Between:
Sri. N. Anban
S/o Sri. P. N. Muthu
58
Aged about 55 years,
Residing at No.425,
"Light House",
Devamba Agrahara,
Mysore City,
Mysore - 570 020.
Rep. by his GPA holder
Sri. A. Ramakrishna
Aged about 36 years,
S/o Anjaneyachar,
R/o No.266/308,
Next to SVVK School,
Byatarayanapura,
Bangalore - 560 092. ... Petitioner
(By Sri. Shivarudrappa Shetkar, Advocate)
And:
1. State of Karnataka,
Revenue Department
Vikas Soudha,
Bangalore - 560 001.
Rep. by its Secretary
2. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. The Tahasildar,
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.5.2015 passed by the R-2 vide Annexure-'A' and etc.
59
W.P. Nos. 31138-31143/2015
Between:
1. T. N. Vijayanarayana Reddy
S/o. Late Sri. T. N. Krishnareddy
Aged about 69 years,
R/at Sathsang Nagar,
Nakkaladinne Village,
Ponnutipalem Post,
Madanapalli,
Chittoor District - 517 001.
Andhra Pradesh.
2. V Vikram Reddy
S/o. Late V. Surendranatha Reddy,
Aged about 62 years,
R/at No. 3/2-1, 6A,
Regency Heights,
Cleveland Road,
Fraser Town,
Bangalore - 560 005.
3. V. Madhusudhana Reddy
S/o. Late V. Surendranatha Reddy,
Aged about 67 years,
R/at 2-788, Sathyanarayapuram,
Kongareddy Palli,
Chittoor District - 517 001.
Andhra Pradesh.
4. Col. Jacob Jacob VSM (Retired)
S/o. Late Major NK Jabob,
Aged about 65 years,
R/at No.77, Versova Layout,
C. V. Raman Nagar,
Kaggadasapura Main Road,
Bangalore - 560 093.
60
5. Bhagirath Sinhji Rana
S/o. Late Rana Ramachandra Sinhji,
Aged about 65 years,
R/at Door No.27/1,
Rana Terrace, Govt. House Road,
Nazarabad, Mysore - 10.
6. Smt. Vibhuthi Devi
W/o. Hanuman Sinhji Rana,
Aged about 59 years,
R/at Door No.27/1, Rana Terrace,
Govt. House Road,
Nazarabad,
Mysore - 10. ... Petitioners
(By Sri. Ashok Haranahalli, Senior Counsel for
Sri. Vinayaka B., Advocate)
And:
1. The Deputy Commissioner
Mysuru District,
Mysuru - 570 001.
2. The Tahasildar
Mysore District
Mysore - 570 001.
3. State of Karnataka
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its
Principal Secretary. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
61
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
passed by respondent No.1 dt. 26.05.2015 vide Annexure-A
and etc.
W.P. No.31444/2015
Between:
Sri. P. S. Subbrayappa,
S/o Late. P.B. Subbanna,
Aged about 78 years,
R/o E.W.S. 13, K.H.B.
2nd Stage, Old J.T.K. Layout,
Kuvempu Nagar,
Mysore - 570 023. ... Petitioner
(By Sri. K. R. Lingaraju, Advocate)
And:
1. State of Karnataka,
Rep. by its Principal Secretary
Department of Revenue
Vidhana Soudha,
Dr. Ambedkar Veedi,
Bangalore - 560 001,
2. The Deputy Commissioner,
Mysore District,
Mysore - 570 001.
3. The Tahsildar,
Mini Vidhana Soudha,
Nazarbad Mohalla,
Mysore - 570 010.
4. The Deputy Conservator of Forest
Mysore Circle,
Aranya Bhavan,
62
Ashokpuram,
Mysore- 570 008. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M. A. Subramani, HCGP for R1 to R4)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.5.2015 passed by the R-2 vide Annexure-'A' and etc.
W.P. Nos.33192-33194/2015
Between:
1. Dr.K.Lakshman
S/o Dr.Kannan
Aged about 50 years
R/at No.462, Vinaya Marga
Siddartha Layout
Mysore.
2. Smt. Hemamalimi Lakshman
W/o. Dr.K.Lakshman
Aged about 40 years
R/at No.462, Vinaya Marga
Siddartha Layout
Mysore.
3. Smt. Kamalesh Sood
W/o. Late Omprakash Sood
Aged about 73 years
A-403, Salarpuria Splendor
4th Floor, Old Air Port Road
Opp. To Kemp Fort
Bengaluru - 560 017. ... Petitioners
(By Sri R.S. Ravi, Advocate)
63
And:
1. The State of Karnataka
Rep. by its Principal Secretary
Department of Revenue
Vidhana Soudha
Dr. Ambedkar Veedhi
Bengaluru - 560001.
2. The Deputy Commissioner
Mysore District
Mysore - 570 001.
3. The Tahsildar
Mini Vidhana Soudha
Nazarbad Mohalla
Mysore - 570 010. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri M.A.Subramani, HCGP)
These writ petitions are filed under Articles 226 & 227
of the Constitution of India praying to quash the order dated
26.05.2015 in so far as petitioners are concerned vide
Annexure-N and etc.
W.P. Nos.35324/2015 & 44691-44693/2015
Between:
1. Smt. Poornima H.H
Aged about 57 years,
W/o. Late Javarayi Gowda,
R/at No.87/A, 16th Cross,
V. V. Mohalla,
Mysore - 570 002.
2. Sri. Naveen S. J
Aged about 39 years,
64
S/o. Late Javarayi Gowda,
R/at No.87/A, 16th Cross,
V. V. Mohalla,
Mysore - 570 002.
3. Smt. Smitha S. J
Aged about 37 years,
D/o. Late Javarayi Gowda,
R/at No.87/A, 16th Cross,
V. V. Mohalla,
Mysore - 570 002.
4. Smt. Sushma S. J
Aged about 35 years,
D/o. Late Javarayi Gowda,
R/at No.87/A, 16th Cross,
V. V. Mohalla,
Mysore - 570 002. ... Petitioners
(By Sri. K. Anandarama, Advocate)
And
1. State of Karnataka
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
Represented by its
Principal Secretary
2. The Deputy Commissioner
Mysore District
Mysore - 570 001.
3. The Tashildar
Mysore Taluk,
Mysore - 570 001.
65
4. The Mysore Urban Development Authority
JLB Road,
Mysore - 570 005.
Represented by its
Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to call for records
leading to order dated 26.05.2015 vide Annexure-A on the
file of the Deputy Commissioner, Mysore - R2 and quash the
order dated 26.05.2015 vide Annexure-A passed by the
Deputy Commissioner, Mysore - R2 and etc.
W.P. Nos.35654/2015 & 42912-42916/2015
Between:
Smt. Geetha
Aged about 31 years,
W/o. C. Vishwanath Reddy,
No.2, Ashokanagar,
Havambavi, Siraguppa Road,
Bellary. ... Petitioner
(By Sri. K. Chandramohan, Advocate)
And:
1. State of Karnataka
Department of Revenue,
By its Principal Secretary.
M. S. Building,
Dr. Ambedkar Veedhi,
Bangalore - 560 001.
66
2. Deputy Commissioner
Mysore District, Mysore - 570 001.
3. The Tashildar
Mysore Taluk, Mysore - 570 001.
4. The Mysore Urban Development Authority
Mysore - 570 001.
By its Commissioner. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3;
Sri. T. P. Vivekananda, Advocate for R4)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the impugned
order dated 26.05.2015 passed by the Deputy
Commissioner, Mysore District, Mysore, vide Annexure-A
insofar as it relates to the schedule property and etc.
W.P. Nos.36304/2015 & 2830-2833/2016
BETWEEN:
1. Sri. H. B. Ashok
S/o. Late H. G. Balaram Bhat,
Major, Residing at No.1226/3,
Ganesha Krupa, 2nd Cross,
Krishnamurthypuram,
Mysore - 570 004.
2. Sri. H. B. Ramakanth Bhat
S/o. Late H. G. Balaram Bhat,
Major, Residing at No.581,
B Block, 2nd Main,
Sri. Kanakadasa Nagar,
Mysore - 570 022.
67
3. Smt. Geetha Shankar Rao
D/o. Late H. G. Balaram Bhat,
Major, R/at No.407,
5th B Main Road,
HRBR Layout, 2nd Stage,
Kalyan Nagar,
Bangalore - 560 043.
4. Sri. H. B. Arvind Bhat
S/o. Late H. G. Balaram Bhat,
Major, R/at No. 704-A,
Somerset Apartments,
No.18, Richmond Road,
Bangalore - 560 001.
5. Smt. Veena Puthige
D/o. Late H. G. Balaram Bhat,
Major, Residing at No.704-A,
Somerset Apartments,
No.18, Richmond Road,
Bangalore - 560 001.
Petitioners 2 to 5 are
represented by GPA Holder
Sri. H. B. Ashok. ... Petitioners
(By Smt. S. R. Anuradha, Advocate for
Sri. Ajay Shankar Rao, Advocate)
AND:
1. State of Karnataka
Represented by its
Principal Secretary to Government
Revenue Department,
Vikasa Soudha,
Bangalore - 560 001.
68
2. The Deputy Commissioner
Office of the Deputy Commissioner
Opposite to Mysore University,
Mysore District,
Mysore - 570 005.
3. The Thasildar
Mini Vidhanasoudha,
Nazarbad,
Mysore - 570 010. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP for R1 to R3)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
passed by R-2 dated 26.05.2015 vide Annexure-A and direct
R-3 to restore the RTC and mutation entries in the name of
petitioners and remove B Kharab in the revenue records.
W.P. No.43884/2015
Between:
1. Smt. Pramila
W/o. T. K. Krishna Urs,
D/o. T. B. Krishna Urs,
Aged about 54 years,
Residing at No.115,
20th Main Road, 4th Cross,
J. P. Nagar, Mysore City - 570 008.
2. P. K. Sanman Urs
S/o. Late Prema,
Aged about 42 years
3. P. K. Sanmathi Urs
D/o. Late Prema,
Aged about 40 years
69
4. B. G. Ethesh Siddalingaraj Urs
S/o. C. T. Jnananda Urs
Aged about 18 years
Petitioner Nos. 2 to 4 all are
Residing at No.20D, 2nd Main Road,
9th Cross, Sai Baba Temple Road,
J. P. Nagar,
Mysore - 570 008.
5. Sri. Ananda
Aged about 62 years
6. B. K. Geetha
D/o. Ananda
Aged about 29 years
7. B. K. Hema
D/o. Ananda
Aged about 27 years
8. T. K. Subramanya Raje Urs
S/o. Late T. B. Krishna Urs
Aged about 67 years
Petitioner Nos.5 to 8 all are
Residing at No.232,
12th Cross, Janathanagara,
Chamarajamohal, Bogadhi,
Mysore.
Represented by their GPA holder
Sri. C. Y. Shivegowda
Aged about 57 years,
S/o. Late Vaikuntegowda,
R/o. No.38, Adhichunchanagi Road,
J.C. S. T, 'M' Block,
Mysore City. ... Petitioners
(By Sri. Shivarudrappa Shetkar, Advocate)
70
And:
1. State of Karnataka
Revenue Department
Vikas Soudha,
Bangalore - 560 001.
By its Secretary.
2. The Deputy Commissioner
Mysuru District, Mysuru - 570 020.
3. The Tahasildar
Mysuru Taluk, Mysuru - 570 020. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order passed
by respondent No.2 in New No. RRT 540/2014-15 (Old No.
RRT(Misc.) 230 (1-10) / 09-10, 1109 & 1152/11-12 dated
26.05.2015 vide Annexure-A and etc.
W.P. Nos.12633/2016 & 15024/2016
Between:
P. Ramakrishna Raju
S/o. Late Narasimharaju,
Aged 69 years,
No.45, Green Field,
Doddajala Post, Jala Hobli,
Bengaluru North - 562 157. ... Petitioner
(By Sri. O. Shivarama Bhat, Advocate)
And:
1. The State of Karnataka
Revenue Department
71
M. S. Building,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
Represented by its
Principal Secretary.
2. The Deputy Commissioner
Mysuru District,
Mysuru - 570 001.
3. The Tahsildar
Mysuru Taluk,
Mysuru - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order dated
26.05.2015 passed by R-2 vide Annexure-A insofar as the
land of the petitioner bearing part of the property of Sy. No.4
(Old No.104) of Kurubarahalli Village, Nazarabad Mohalla,
Mysore City, holding MCC Katha No.60 and 60/A,
measuring an extent of 6,53,400 sq. ft. (15 acres) of which
southern side of the vacant land admeasuring an area of
2,76,606 sq. ft. (6.14 acres) and direct R-2 to enter the name
in respect of the aforesaid schedule land.
W.P. Nos.63797-63798/2016
Between:
1. N. C. Ponnuswamy
S/o. Late Chinnappachar
Aged about 86 years
2. N. P. Raghuveer
S/o. N. C. Ponnuswamy
Aged about 54 years
Both are residing at D. No. 1039/1,
72
Devaparthiva Road,
Chamarajapuram,
Mysuru - 570 004.
Rep. by their GPA Holder
M. N. Badrinath
S/o. M. A. Narayanaprasad,
R/at No. 217, 9th Cross,
Gokulam 3rd Stage,
Mysuru. ... Petitioners
(By Sri. K. L. Sreenivas, Advocate)
And:
1. The State of Karnataka
Department of Revenue,
M. S. Building,
Bengaluru - 560 001.
Rep. by its Secretary.
2. The Deputy Commissioner
Mysore District,
Mysore - 570 001.
3. The Tahsildar
Mysore Taluk,
Mysore - 570 001. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
These Writ Petitions are filed under Articles 226 & 227
of the Constitution of India, praying to quash the order
passed by the Deputy Commissioner, Mysuru District - R2
on 26.05.2015 in proceeding vide Annexure-K.
73
W.P. No.1900/2018
Between:
Sri. M. K. Krupakara Rao
S/o. Late M. H. Krishna Rao,
Aged about 57 years,
R/at 41/3, 13th Cross, 10th Main,
Opp. M.E.S. Kishore Kendra,
Malleswaram,
Bengaluru - 560 003. ... Petitioner
(By Sri. R. S. Ravi, Advocate)
And:
1. The State of Karnataka
Represented by its
Principal Secretary
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
2. The Deputy Commissioner
Mysore District, Mysore - 570 001.
3. The Tahsildar
Mini Vidhana Soudha,
Nazarbad Mohalla,
Mysore - 570 010. ... Respondents
(By Sri. Dhyan Chinnappa, Additional Advocate General
a/w Sri. M. A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.05.2015 made by R-2 insofar as petitioner is concerned
vide Annexure-H and etc.
74
W.P. No.44533/2018
Between:
Sri Somaprasad M.P.,
S/o M.K. Prabhakaran,
Aged about 67 years,
R/at Apartment No.12,
"Menthis Altiers",
No.17, Rajbhavan Road,
Bengaluru - 560 001. ... Petitioner
(By Sri R.S. Ravi, Advocate)
And:
1. The State of Karnataka,
Rep. by its Principal Secretary,
Department of Revenue,
Vidhana Soudha,
Dr. Ambedkar Veedhi,
Bengaluru - 560 001.
2. The Deputy Commissioner,
Mysore District, Mysore - 570 001.
3. The Tahsildar,
Mini Vidhana Soudha,
Nazarbad Mohalla,
Mysore - 570 010. ... Respondents
(By Sri Dhyan Chinnappa, Additional Advocate General
a/w Sri M.A. Subramani, HCGP)
This Writ Petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the order dated
26.05.2015, made in No.RRT/540/2014-15, passed by R2 in
so far as petitioner is concerned vide Annexure-J and etc.
These Writ Petitions having been heard and
reserved on 27.05.2020 and coming on for
pronouncement of orders, this day, the Court made the
following:
75
ORDER
I. Facts of the case:-
(i) The petitioners in most of these cases claim
to be the owners and in possession of properties and trace their title from the Maharaja of Mysore. The petitioners rely on sale deeds, consequent entries in the records of the Mysore City Municipal Corporation amongst other records to evidence their title, possession and enjoyment. It is only in W.P.No.25592/2015, the Royal Family themselves are before this Court challenging the action of Deputy Commissioner.
(ii) Petitioners are aggrieved by the orders dated 26.05.2015 passed by the Deputy Commissioner in RRT Nos.540/2014-2015, 541/2014-2015 and 542/2014- 2015 whereby it has been held that the lands in which the petitioners claim interest and rights were originally 'B Kharab' i.e. Government lands reserved for public purpose, and accordingly consequential directions were 76 issued to the Tahsildar to cancel the Kathas, i.e. mutation entries standing in the name of the petitioners.
(iii) It is stated that the Governor General of India had accepted the offer of Sri Jayachamarajendra Wode yar, the Maharaja of Mysore to accede to the Indian Dominion on 16.08.1947 as per the Instrument of Accession1. Pursuant to the Instrument of Accession, an agreement was entered into on 23.01.1950 between the Governor General of India and the Maharaja of Mysore2. As per Article II (2) of the agreement, the Maharaja of Mysore was required to furnish to the Government of India an inventory of all moveable and immovable properties, which would be held by him as private property.
1 (Annexure-U in W.P.Nos.25462-25497/2015) 2 Annexure V1 in W.P.No.25462-25497/2015 77
(iv) As per the list of immovable properties that was submitted3 the whole of Kurubarahalli Village in Survey No.4, measuring 1563 acres 31 guntas, including tank bed area with an exception of Survey Nos.1, 2 and 3; property in Survey No.41 of Aalanahalli Village measuring 178 acres 32 guntas, and property in Survey No.39 of Chowdahalli Village measuring 259 acres 27 guntas, were described as private properties held by the Maharaja of Mysore as on 26.01.1950.
(v) The said list of properties referred to above having been furnished to the Government of India, the same came to be acknowledged and accepted by the Government of India in terms of Article II of the agreement, to be the private property belonging to the Maharaja of Mysore.4 3 Annexure-W in W.P.Nos.25462-25497/2015 4 Annexure-V in W.P.Nos.25462-25497/2015 78
(vi) Subsequently it appears that while the Maharaja of Mysore has retained some of the lands, the remaining portions of land came to be alienated eventually coming into the possession of the petitioners. It is not in dispute that many of the properties that have been sold by the Maharaja of Mysore has been the subject matter of real estate development, and Mysore Urban Development Authority (MUDA) had approved the development plans and Mysore City Corporation had approved plans for construction, and Katha entries had also been effected by Mysore City Corporation as well as the revenue authorities in the names of the predecessors-in-title of the petitioners and subsequently the petitioners.
(vii) It is stated that the Government having been appraised of the necessity of removal of the entry of 'B Kharab' in the revenue and survey records of the lands which are subject matter of the present dispute had 79 directed the Authorities to initiate necessary proceedings in that regard. Accordingly, the Deputy Commissioner conducted an enquiry under Sections 67(2) and 136(3) of the Karnataka Land Revenue Act, 1964 ('K.L.R. Act' for brevity) and arrived at the conclusion vide the order dated 20.06.20125 that the aforementioned lands were not 'Government lands' and had directed dropping of further proceedings - relating to the enquiry under Section 67(2) of the K.L.R. Act. Consequently there was an order to set aside the entries treating the land as "Government B Kharab" as found in Column No.11 of the RTC pertaining to the lands of the petitioners.
(viii) It is stated that the very same Deputy Commissioner had subsequently cancelled the earlier order dated 20.06.2012 pursuant to the direction of the Government dated 18.08.2012 contained in the letter addressed by the Principal Secretary, Revenue 5 (Annexure-AJ in W.P.Nos.25462-25497/2015) 80 Department to the Deputy Commissioner6. In fact, the said letter contains reference to an endorsement of the Deputy Chief Minister on the representation of the Member of Legislative Council directing holding of an enquiry under Section 25 of the K.L.R. Act.
(ix) Said order of the Deputy Commissioner was assailed in W.P. Nos.47983-47984/2012 and connected matters, wherein this Court by order dated 12.12.2012 while setting aside the impugned order of the Deputy Commissioner on the ground of violation of principles of natural justice, disposed off the writ petitions observing as follows:
"7...If the respondent No.2 proposes to withdraw or vary the order, dated 20.06.2012 (Annexure-G), the respondent No.2 has to issue the notice to the petitioners and hear them and then take a decision in the matter."6
Annexure-AK in W.P.Nos.25462-25497/2015 81
(x) Consequent upon such direction, fresh proceedings came to be initiated and the impugned orders of the Deputy Commissioner dated 26.05.2015 came to be passed reconsidering the earlier order dated 20.06.2012 while holding that the lands in the aforesaid survey numbers of Kurubarahalli, Aalanahalli and Chowdahalli were originally 'B Kharab' lands reserved for public purpose, with a consequential direction to the Tahsildar to cancel the Katha entries standing in the names of the petitioners. It is these orders of the Deputy Commissioner dated 26.05.2015 passed in R.R.T.Nos.540/2014-2015, 541/2014-2015 and 542/2014-2015 that have been challenged in the present proceedings.
II. Contentions of petitioners:-
(A) Sri B.V.Acharya, the learned Senior Counsel appearing for Sri C.K.Venkatesh for the petitioner in Writ Petition No.25592/2015 has submitted as follows:-82
(i) That the order dated 20.06.2012 passed by the Deputy Commissioner at the first instance could not have been recalled and fresh orders as impugned herein be passed, which would in effect result in review of the earlier order and such power could not be claimed to inhere unless it was specifically conferred under the statute and in the present case, the K.L.R. Act does not confer such power.
(ii) That the proceedings initiated under Section 67 of the K.L.R. Act does not permit enquiry where title is vested in a private individual. In such a case, the appropriate remedy would be to file a suit before the Civil Court.
(iii) That the order of the Deputy
Commissioner being one without
83
jurisdiction, the court could entertain the writ petition directly without relegating the parties to the alternative remedy provided for under the relevant statute. (B) Sri S.S.Naganand, learned Senior Counsel appearing for Sri Sriranga. S for the petitioners in Writ Petition Nos.28082-28085/2015 and 28853/2015 has submitted as follows.-
(i) As the dispute relates to the assertion that the properties are the private properties of the Maharaja of Mysore in terms of the Instrument of Accession and agreement, Article 363 of the Constitution of India creates a bar to enquire into the disputes arising from such agreement.
The remedy as against the impugned orders must be worked out as specified under Article II(3) of the agreement by way of arbitration.
84
(ii) As the sale deeds were executed long back and consequent mutation entries effected, the right to proceed against any person relying on such document or revenue entry stands extinguished as per Section 27 of the Limitation Act, 1963 by inaction to initiate proceedings within the time prescribed under law. Alternatively, it was contended that the power conferred on the Authority under a statute must be exercised within a reasonable period of time, unlike as in the present case where proceedings have been initiated after several decades of unreasonable lapse of time.
(C) Sri G.Krishnamurthy, learned Senior Counsel appearing for Ms.Aparna.N for petitioners in Writ Petition Nos.26814-26815/2015, 26816/2015, 85 27488-27492/2015 & 27494-27495/2015, 28456/2015 has submitted as follows:-
(i) The impugned order passed pursuant to the direction of the Government dated 18.08.2012 was an order passed under dictation and must be set aside on this ground alone.
Learned Senior Counsel has reiterated the submissions made by the other learned Senior Advocates.
(D) Sri Dharmesh. A., the learned counsel appearing for the petitioners in W.P.Nos.26062/2015 and 26063- 26064/2015 has submitted as follows.-
(i) That the Maharaja of Mysore had in fact executed a sale deed with respect to the land in the Survey No.4 of Kurubarahalli Village in favour of Government by way of a sale deed dated 20.06.1951. Accordingly, by its previous 86 actions it had affirmed the ownership of the Maharaja of Mysore as regards the property in Survey No.4 of Kurubarahalli Village. Hence, the Government is estopped from taking any stand that the land in question belonged to it. (E) Sri R.S.Ravi, learned counsel appearing for the petitioners in Writ Petition Nos.25462-25497/2015, 28759-28764/2015, 33192-33194/2015, 1900/2018 and 44533/2018 has submitted as follows.-
(i) That the respondent State cannot at this belated period of time turn around and contend to the contrary that the property in dispute belongs to the State, when once title of the Maharaja in the properties in question has been accepted.
87
(ii) That the lands in Aalanahalli and Kurubarahalli Villages were acquired for formation of 'Body Guard lines', 'Eastern Extension', and 'Palace purposes' as per the notifications.7 That the Government of Karnataka had acquired land in 'Karanji Kere' as per notification dated 01.03.1977 which was a part of the extent of 1563.31 acres of Survey No.4 of Kurubarahalli Village.8 That the Government has acquired 69.11 acres of land in Survey No.4 of Kurubarahalli Village for shooting area and riding school, showing the names of persons who had purchased the land from the Maharaja of Mysore as per the 7 02.10.1913, 19.01.1915, 22.08.1917 & 06.03.1919 (Annexures-P, P1, P2 and P3 in W.P.Nos.25462-25497/2015). 8 Annexure-Z in W.P.Nos.25462-25497/2015. 88
notifications published9. Accordingly, the question of acquisition proceedings having been initiated showing the names of private persons as owners would not have arisen if the lands belonged to the State. Hence, it is contended that the State is estopped from now contending that the very same lands were the property belonging to it. (F) Sri Anandarama. K, the learned counsel appearing for petitioners in Writ Petition Nos.27761- 27762/2015, 35324/2015 & 44691-44693/2015 has submitted as follows:-
(i) That a perusal of RTCs10 would indicate that the land has been assessed to tax.
If that were to be so, it is clear that 'Kharab' referred to in Rule 21 of the 9 02.09.1970, Annexure-AF in W.P.Nos.25462-25497/2015. 10 Annexure-F in W.P.Nos.27761-27762/2015. 89
Karnataka Land Revenue Rules, 1966 ('K.L.R. Rules') is that property which is not assessed to land revenue and as the revenue entries would indicate that properties are assessed to tax, the question of assertion of State that land is 'B Kharab' cannot be accepted.
(G) Learned Senior Counsel, Sri Ashok Haranahalli along with Sri Vinayaka.B has also advanced arguments raising the contentions as noticed above.
(H) Ms.S.R.Anuradha, learned counsel appearing on behalf of Sri Ajay Shankar Rao, learned counsel for the petitioner in Writ Petition No.36304/2015 & 2830-2833/2016 and other learned counsel appearing for petitioners in other writ petitions have reiterated the submissions made by the learned Senior Counsel referred to above. 90 III Contentions of respondent - State:-
The learned Additional Advocate General, Sri M.Dhyan Chinnapppa along with Sri M.A.Subramani, learned High Court Government Pleader appearing on behalf of respondent - State has submitted as follows.-
(i) That the Deputy Commissioner while passing the impugned orders has exercised the power of procedural review that is available even in the absence of specific conferment of power of review under the statute.
(ii) That as no notice was issued to the Tahsildar while passing of the order at the first instance on 20.06.2012, the Deputy Commissioner was justified in invoking such procedural power of review.91
(iii) That the impugned orders passed under Section 67(2) of the K.L.R. Act is amenable to the remedy of an appeal under Section 67(3) of the K.L.R. Act and hence, the petitioners ought to be relegated to avail the alternative remedy of challenging the impugned orders before the civil court.
(iv) That the bar under Article 363 of the Constitution of India would operate only if the parties litigating are the Maharaja and the State. In the present case, as the petitioners are claiming derivative title from the Maharaja and by conveyance in their favour, they have derived independent title and accordingly the bar under Article 363 of 92 the Constitution of India would not be applicable.
IV. Points for consideration:-
(a) Power of review enabling reconsideration:
It is the contention of the State that the order of the Deputy Commissioner dated 20.06.2012 at the first instance was passed without taking note of the views of Tahsildar and without taking note of revenue/survey records including Aakarbandh, re-survey Tippani which revealed classification of land as 'B Kharab'. It is further contended that the power of procedural review is inherent and can be traced to Section 25 of the K.L.R. Act and could be invoked to prevent abuse of court process.
(ii) Learned Additional Advocate General has placed reliance on the judgments of the Apex Court in Grindlays Bank Ltd. v. Central Government 93 Industrial Tribunal and Ors.,11 and Kapra Mazdoor Ekta Union v. Management of Birla Cotton Spinning and Weaving Mills Ltd. and Ors12 in support of the contention that the power of procedural review was available.
(iii) The petitioners on the other hand have contended that the power of review ought to be specifically conferred by a statute and that inherent powers cannot be availed to review an order. Without prejudice to the above contention, it was further contended that the impugned order passed on a bare scrutiny would reveal that the impugned order has been passed by review of the order on merits after fresh consideration and hence is plainly in excess of power of procedural review as contended by the State.
11 AIR 1981 SC 606.
12 AIR 2005 SC 1782.
94
(iv) The Apex Court in Kapra Mazdoor Ekta's case13 has first affirmed the position of law that the power of review must be conferred by a statute specifically or by necessary implication. While affirming the law laid down in the case of Dr. (Smt.) Kuntesh Gupta v. Management of Hindu Mahavidyalaya, Sitapur (U.P.) and Others14, Patel Narshi Thakershi and Others., v. Sri Pradyumansinghji Arjunsinghji15, but after referring to Grindlays Bank16 has held that the Authorities could exercise the power of
(a) procedural review and (b) review on merits. A close reading of para-19 of the judgment in Kapra Mazdoor Ekta Union,17 though does affirm the existence of power of procedural review, but limits it to a category of cases; such as orders passed without notice to the opposite party, matters taken up for hearing and 13 Ibid 14 (1987) 4 SCC 525.
15 1971(3) SCC 844.
16 Supra note 11.
17 Supra note 12.
95decided on a date other than date fixed for its hearing and like instances.
(v) Such cases referred to, contemplate of a mistake committed by virtue of error of procedure vitiating the proceedings leading to setting aside the impugned order and re-hearing the same taking note of the procedural infirmity that has ensued.
The existence of such power is not in dispute but in the present case the defect in the order that is sought to be addressed cannot by any stretch of imagination be said to be an error of procedure. The impugned order reveals of a review on merits, this becomes apparent on a reading of the order of the Deputy Commissioner dated 20.06.2012 which is a considered order passed on merits and the present impugned order in effect reflects fresh consideration and arrival of a different conclusion. 96
(vi) What needs to be noted is that the Deputy Commissioner at the first instance in the order passed in case Nos.RRT (others) 230 (1-10)/2009-2010, 1109 & 1152/2011-2012 dated 20.06.2012 had dropped the proceedings initiated under Section 67(2) of the K.L.R. Act on the premise that the lands were Government lands, and had eventually ordered the cancellation of entry in Column- 11 of the RTC indicating the nature of land holding as 'Kharab' The Authority had come to such conclusion after a detailed discussion after referring to the Instrument of Accession and the legal opinion dated 28.10.2011 and concluded that the properties held by the Royal Family were their private properties.
(vii) The order recalling the order dated 20.06.2012 came to be challenged before this Court in W.P.Nos.47983-47984/2012 and other petitions, wherein the orders recalling the order dated 97 20.06.2012 were set aside reserving liberty to initiate fresh proceedings, if it was found necessary, after issuing notice to the parties and then proceed to take decision afresh. However, such order cannot be construed ipso facto as conferring powers on the Deputy Commissioner to review the order dated 20.06.2012 on merits.
(viii) In effect, the Deputy Commissioner has by the impugned orders dated 26.05.2015 passed an entirely different order while referring to various documents. The Deputy Commissioner has proceeded to reason that the power to withdraw the earlier order could be traced to inherent power available under Section 25 of the K.L.R. Act. The Deputy Commissioner has proceeded on the premise that land classified as 'B Kharab' cannot be diverted. It was observed that the question of entering names of private persons who trace their title to the Maharaja of Mysore was a subject 98 matter of litigation in W.P.No.36901/1999, wherein this Court had directed the parties to make an application after the decision of the competent Authority.
(ix) It is well settled that the power of review is not an inherent power and must be conferred either expressly or by necessary implication and that inherent powers cannot be invoked to review an order. Recourse in the present case to Section 25 of the K.L.R. Act to justify review of the earlier order is not legally permissible. The observations of the Apex court in Patel Narshi Thakershi18 extracted below justifies the above conclusion:-
"4. ...It is well settled that the power to review is not an inherent power. It must be conferred by law either specifically or by necessary implication...."
18 Supra note 15.
99The Apex Court had reiterated the same position in Kuntesh Gupta19 and Binabai Bhate v. State of Madhya Pradesh, and Others20, where the Apex Court has held that the power of review is a "creature of the statute" and must be specifically conferred, as also this Court in the case of D.P.Sharma v. State Transport Authority21. In light of absence of any provision conferring power of review, the impugned order which has the effect of reviewing the earlier order of the Deputy Commissioner dated 20.06.2012 on its merits cannot be sustained more so in light of the finding made above that there was no occasion to exercise power of procedural review.
(x) Having held that reconsideration of the order dated 20.06.2012 is impermissible, in light of the contentions raised by parties as regards the merits of 19 Supra note 14, ¶ 11 20(2011) 13 SCC 32 ¶ 17 21 ILR 1987 KAR 3255 ¶ 11 100 the impugned order, the other points for consideration are dealt with as below.
(b) Exercise of power under Section 67(2) of the K.L.R. Act:
The State while justifying the action of the Deputy Commissioner in passing the impugned order has contended that Section 67(2) of the K.L.R. Act could be invoked whenever State seeks to assert rights over any property leading to a formal enquiry and passing of an order deciding such claim. It is further contended that all revenue and survey records indicate that the properties were "B Kharab" lands which being public property, the petitioners' assertion of private rights justifiably could be a subject matter of enquiry under Section 67 of the K.L.R. Act.
(ii) The learned counsel for the petitioners on the other hand have contended that the power to adjudicate on questions as to whether the property is 101 the private property of the petitioners or property belonging to the State is beyond the scope of enquiry as envisaged under Section 67(2) of K.L.R. Act and cannot be invoked in the present case where title is being claimed through sale deeds that could be traced to the Maharaja of Mysore. It is contended that revenue authorities though are treated to be courts possessing quasi judicial power, they cannot be deemed to possess power to adjudicate, culminating in a decision having the effect of setting aside of the registered instruments.
(iii) In the cases on hand, all the petitioners trace their title to the Maharaja of Mysore and claim to have derived title through registered deeds of conveyance. The revenue records have also been effected reflecting such transfer of title. The Mysore Maharaja himself who is now represented by his wife in W.P. No.25592/2015 has asserted title by relying on the agreement dated 23.01.1950 between the Governor 102 General of India and the Maharaja of Mysore read alongwith the list of properties furnished which enumerates the properties in question to be private properties of the Maharaja of Mysore22.
(iv) In light of the nature of claim of the Maharaja of Mysore, and the petitioners who claim subsidiary title and controvertion of such assertion by the State would by itself prima facie indicate a dispute relating to title. Such dispute relating to title falls outside the purview of any enquiry under Section 67 of the K.L.R. Act.
(v) The Apex Court in the case of
M.Sankaranarayanan v. Deputy Commissioner,
Bangalore and Others23, has dealt with the precise question in an identical factual matrix relating to the same provision. The facts in the aforesaid case was that the Secretary of the Karnataka Public Service
22 Annexure-W in W.P.Nos.25462-497/2015 23 (2017) 13 SCC 661 103 Commission had lodged a complaint on 14.05.2004 stating that the sale deed of the year 1900 relied upon by the First Princess of Mysore and who had executed several conveyances was illegal as the said sale deed was executed by Lancelot Ricketts in favour of the Dewan of Mysore and not to the First Princess of Mysore. The proceedings were initiated under Section 67 of the K.L.R. Act as regards the occupants. The matter was taken up before the High Court and in the writ appeal, this Court had relegated the parties to the Karnataka Appellate Tribunal. The said matter when taken up before the Apex Court and the Apex Court after noticing that there was title in the occupants that was traceable through sale deeds and noting further that the transaction was about 104 years prior to the issuance of sale deed and that the State had acquired portion of the same property has held as follows:
"15. A bare reading of Section 67 shows that public roads, streets, lanes, etc. and all lands which are not properties of others, belong to 104 the Government. Where the property is recorded in the ownership of any other person or persons who are legally capable of holding the property, the provisions of Section 67 will not apply. Section 67 cannot be used to dispute the title of persons who have been holding the property for more than 100 years...."
This position of law has been reiterated in the case of Kutchi Lal Rameshwar Ashram Trust Evam Anna Kshetra Trust, through Velji Devshi Patel v. Collector, Haridwar and Others24 at para-25, where the Court goes a step further to hold that the power to adjudicate is solely with the civil courts and has observed as follows:
"25. ... To allow administrative authorities of the State - including the Collector, as in the present case - to adjudicate upon matters of title involving civil disputes would be destructive of the Rule of Law. The Collector is an officer of the State. He can exercise only such powers as the law specifically confers upon him to enter upon private disputes. In contrast, a civil court has the 24 (2017) 16 SCC 418 105 jurisdiction to adjudicate upon all matters involving civil disputes except where the jurisdiction of the court is taken away, either expressly or by necessary implication, by statute...."
(vi) A Full Bench of this Court in the case of Jayamma and Others v. State of Karnataka, represented by its Secretary and Others25 was considering the scope and extent of power conferred on the Deputy Commissioner who was acting as a quasi judicial Authority while exercising the revisional powers. The Court while reiterating the position of law as noticed above and noticing that the Karnataka Land Revenue Act, 1964 has been enacted in exercise of legislative power traceable to Entry-45 and Entry-65 of List-II of Schedule VII of the Constitution of India has observed as follows:
"67. ...Revenue authorities do not regulate the acquisition or extinction of rights in properties including agricultural lands etc., Revenue 25 W.P.No.6872/2013 disposed off on 24.01.2020 106 authorities are primarily required to keep a record of the names of persons, who have acquired rights for ensuring that the revenue i.e., the land revenue is collected from such persons which is the basic purpose of the Act."
"84. Admittedly the object of the Act is only relating to land, the assessment and recovery of land revenue, the land revenue administration and other matters as contemplated under Entry 45 List-II of Seventh Schedule to the Constitution of India."
"85. The scope and object of the Act is only to deal with the land revenue including assessment and collection of revenue, maintenance of land revenue records, survey for revenue purpose, record of rights and alienation of revenue and authorities under Land Revenue Act have no jurisdiction to decide the title between the parties in respect of immovable property."
As K.L.R. Act traces its source of power to Entry-45 of List-II of Seventh Schedule of the Constitution of India, even while construing the existence of expansive powers to deal with allied issues related to items in Entry-45 of 107 List-II, it cannot be stretched so far as to confer powers relating to adjudication of title disputes which is the sole domain of courts.
(vii) It is also to be noted that Section 67 of the K.L.R. Act can be invoked only where title is not vested in any individual. In all the cases that were pending before the Deputy Commissioner, the petitioners rely on registered instruments, the cancellation of which would require an appropriate declaration by Court as per Section 31 of the Specific Relief Act, 1963. The Deputy Commissioner acting as an Enquiring Authority in terms of Section 67 of K.L.R. Act exercising power in accordance with the procedure as contemplated under the K.L.R. Rules clearly reflects of a summary enquiry and the Deputy Commissioner cannot be construed to be a court for the purposes of Section 31 of the Specific Relief Act, 1963.
108
(viii) The Apex Court in the case of State of Rajasthan v. Padmavati Devi (Smt.) (Dead) by LRs and Others 26 where question arose as to whether the State Government can take recourse to a summary procedure under the State revenue laws when such person raises a bona fide dispute about his right to remain in occupation over such land by way of defence to the claim of ejectment, held as follows:
"6. As noticed earlier Section 91 of the Act prescribes a summary procedure for eviction of a person who is found to be in unauthorised occupation of Government land. The said provisions cannot be invoked in a case where the person in occupation raises bona fide dispute about his right to remain in occupation over the land. Dealing with similar provisions contained in Section 6 of the Andhra Pradesh Land Encroachment Act, 1945, this Court in Govt. of A.P. v. Thummala Krishna Rao has laid down that the summary remedy for eviction provided by Section 6 of the said Act could be resorted to by the Government only against persons who are in unauthorised 26 (1995) Supp.(2) SCC 290 109 occupation of any land which is the property of the Government and if the person in occupation has a bona fide claim to litigate he could not be ejected save by the due process of law and that the summary remedy prescribed by Section 6 was not the kind of legal process which is suited to an adjudication of complicated questions of title. For the same reasons, it can be said that summary remedy available under Section 91 of the Act is not the legal process which is suited for adjudication of complicated questions of title where the person sought to be evicted as an unauthorised occupant makes a bona fide claim regarding his right to be in possession. In such a case the proper course is to have the matter adjudicated by the ordinary courts of law."
The power under Section 34 of the Specific Relief Act is vested in a "court" to make a declaration that any person is entitled to any legal character or to any right in property. Such power would extend to cancellation of registered instruments as being void or voidable as the case may be under Section 31 of the Specific Relief Act. 110
(ix) To construe that there is no bar on the revenue court on adjudicating issues which would have the effect of declaration as regards to the legal character or any right in the property would imply that a revenue court is "court" for the purposes of Sections 31 and 34 of the Specific Relief Act, which is untenable as discussed in paragraph Nos. (vi) and (vii).
(x) In the present case, the nature of enquiry as contemplated under Section 67 of the K.L.R. Act expressly excludes cases where the dispute relates to property "which are not the property of individuals" and excludes such disputes where "rights of such persons may be established," all of which makes it clear that the adjudicating authority under Section 67 of K.L.R. Act has a self-limiting jurisdiction as noticed above. Accordingly, wherever the facts make out for the existence of dispute that involves adjudication by a court in exercise of power conferred under Sections 31 111 and 34 of the Specific Relief Act relating to a property, the adjudicating authority under Section 67 of K.L.R. Act is ousted from adjudication of such disputes.
(xi) The exclusion of jurisdiction of a court under Section 9 of C.P.C. presupposes bar of cognizance of suits either expressly or impliedly. The procedure prescribed under the K.L.R. Act and the K.L.R. Rules providing for adjudication of claims would indicate that the enquiry is summary in nature, excluding exercise of power under Section 31 or Section 34 of the Specific Relief Act and hence in the present case, the civil courts continue to have jurisdiction to adjudicate disputes as made out and their jurisdiction is not excluded by the redressal mechanism provided for under the K.L.R. Act. Accordingly, the remedy under Section 67(2) of the K.L.R. Act cannot be an answer to the State's assertion of its rights over the properties of petitioners who base their title on registered instruments. 112
(c) Bar to entertain disputes, except as provided by the Agreement dated 23.01.1950 and the express bar of interference by courts as contained in Article 363 of the Constitution of India:
1. Bar as per Agreement dated 23.01.1950:-
(i) An Instrument of Accession27 was entered into between the Maharaja of Mysore and the Dominion of India acceding Mysore to the Dominion of India. An agreement was entered into on 23.01.195028 between the Governor General of India and the Maharaja of Mysore which provided for rights, privileges and dignities of the Maharaja. Article II(1) of the agreement provides that the Maharaja shall be entitled to the full ownership, use and enjoyment of all private properties as distinct from State properties. Article II(2) of the agreement further provides that the Maharaja of Mysore would furnish to the Government of India an inventory of all immoveable property held by him as such private property. The list of immoveable properties held by the 27 Annexure-U in W.P.Nos.25462-25497/2015 28 Annexure-V1 in W.P.Nos.25462-25497/2015 113 Maharaja of Mysore as private property as on 26.01.1950 is notified by the Secretary to the Government of India, Ministry of States29. As per the list, the properties which are the subject matter of impugned orders of the Deputy Commissioner are found to be the private properties of the Maharaja of Mysore.
The State does not controvert the plain understanding of the list of properties, but contends that the properties that have been classified as 'B Kharab' properties could not have been given to the Maharaja of Mysore as per the agreement.
(ii) Article II(3) of the agreement provides that disputes relating to whether any item of property is the private property of the Maharaja or property of the State is to be referred to such person as the Government of India may nominate and the decision of such person shall be final and binding on all concerned. It is clear that in light of the specific contention by the State, 29 Annexure-W in W.P.Nos.25462-25497/2015 114 including as made out in their statement of objections that the properties are 'B Kharab' lands and hence belong to the State and can never be deemed to have been vested in the Maharaja, is a dispute relating to the provision in the agreement. Such dispute that is now sought to be made out would require to be referred to the person as contemplated under Article II(3) of the agreement dated 23.01.1950 and cannot be a subject matter for adjudication by any other mode of redressal available in usual course.
2. Bar as contained in Article 363 of the Constitution of India:-
(i) Article 363 of the Constitution of India bars interference by courts in disputes arising out of provisions of a treaty/agreement/covenant or other similar instruments executed before the commencement of Constitution by any ruler of an Indian State and the Government of Dominion of India. The agreement entered into on 23.01.1950 is prior to 26.01.1950 when 115 the Constitution came into force. It is not in dispute that the Maharaja of Mysore pursuant to the agreement dated 23.01.1950 between the Maharaja and the Dominion of India has furnished an inventory which contains details of private properties which are the subject matter of present litigation. If that were to be so, the present dispute is one relating to the 'provision of a treaty/agreement' as contemplated under Article 363 of the Constitution of India. Accordingly, the bar under Article 363 of Constitution of India would also operate shutting out interference by courts. Further, as noticed above, the resolution of dispute relating to provision of agreement would have to be made by falling back upon the provisions of the agreement itself.
Accordingly, the interference by the Deputy Commissioner in the present case is impermissible.
(ii) The Apex Court while considering assertion of a dispute by the Maharaja of Holkar relating to the 116 properties in the inventory has held that there would be a bar under Article 363 of the Constitution of India in the case of State of Madhya Pradesh v. Ushadevi30. On similar lines, the court has upheld the bar under Article 363 in the case of Dr. Karan Singh v. State of J&K and Another31 which fortifies the above conclusion.
(iii) The contention of learned Additional Advocate General that procedure for resolution of dispute as per Article II(3) of the agreement would not be applicable insofar as many of the petitioners are private parties claiming through the Maharaja of Mysore is liable to be rejected, as the bar relates to dispute relating to the provision of the agreement, which dispute can be at the instance of any person not necessarily by a party to the agreement. It is also to be noted that the 30 (2015) 8 SCC 672 ¶ 24 31 (2004) 5 SCC 698 ¶ 18 117 Maharaja himself through his legal representatives is the petitioner in W.P.No.25592/2015.
(d) Power must be exercised within a reasonable time:
(i) By virtue of the impugned order dated 26.05.2015, it is declared that the lands in question were 'B Kharab' lands and is to be reserved for public purpose. Further, the Tahsildar has been directed to cancel all Kathas standing in the names of the petitioners in the survey numbers in question. As the Katha in the names of successive predecessors-in-title of the petitioners can be traced back to the time subsequent to the conveyance by the Maharaja on the first occasion, the exercise of power by initiating proceedings in the year 2011-2012 by the Authorities has been called into question by a large number of petitioners on the ground that power is sought to be exercised after an unreasonable period of delay of many decades.118
(ii) The learned counsel for the petitioners have filed the synopsis with necessary documents detailing sale from the Maharaja of Mysore, mutation entry effected pursuant to such conveyance at the first instance as per the order dated 27.05.2020 passed in W.P.No.22658/2015 and connected writ petitions.
(iii) Taking note of the details furnished as well as the details available in the writ petitions and the synopsis filed earlier, the Table hereinbelow is prepared. The transfer of title by the Maharaja of Mysore in favour of predecessor-in-title of the petitioners is evidenced by the details furnished in Column No.2 and the details the earliest mutation/RTCs which have been ordered to be set aside are found at Column No.3 of the Table extracted hereinbelow:-
1191 2 3 4 5
Writ Date of earliest sale deed Details of earliest Details of the order of Details of Petition evidencing conveyance mutation/RTCs in the Deputy Commissioner primary, Number from name of petitioner/ impugned in the writ consequential Maharaja of Mysore predecessor-in-title petitions reliefs sought in the writ petitions 22658- (i)Reg.-N.Raghavendra Details of earliest RRT No.542/2014-15 To issue writ of 22662/2015 Murthy (petitioner mutation pursuant to the dated 26.05.2015. certiorari to quash & No.1):- first sale deed executed the order of Deputy 22663/2015 by the members of Royal Commissioner Sale deed dated 05.06.1974 family not forthcoming. dated 26.05.2015 in executed by the family RRT No.542/2014-
members of the Royal 2015 family in favour of Sri Haji Abdul Wahid, predecessor-
in-title of the petitioner with respect to an extent of 10 acres in Sy.No.39 of Chowdahalli Village.
(ii)Reg.-Atteeq Ahmed (petitioner No.2):-
(a)Sale deed dated 01.07.1974 executed by the erstwhile Ruler Srikantadatta Wodeyar with respect to 10 acres in Sy.No.39 of Chowdahalli Village in favour of Sri Haji Abdul Rawoof,
(b)Sale deed dated 15.07.1974 executed by the erstwhile Ruler Srikantadatta Wodeyar with respect to 10 acres in 120 Sy.No.39 of Chowdahalli Village in favour of Sri Haji Abdul Rawoof.
(c)Sale deed dated 16.07.1974 executed by the erstwhile Ruler Srikantadatta Wodeyar with respect to 21 acres in Sy.No.39 of Chowdahalli Village in favour of Sri Haji Abdul Rawoof.
(d)Sale deed dated 04.07.1974 executed by the erstwhile Ruler Srikantadatta Wodeyar with respect to 1735 square yards in Sy.No.39 of Chowdahalli Village in favour of Sri Haji Abdul Rawoof.
(e)Sale deed dated 03.07.1974 executed by the erstwhile Ruler Srikantadatta Wodeyar with respect to 24200 square yards in Sy.No.39 of Chowdahalli Village in favour of Sri Haji Abdul Rawoof.
(iii)Reg.-M.D.Ranga (petitioner No.3) and G.B.Manjunath (petitioner No.4) :-
(a) Sale deed dated 16.07.1974 executed by Srikantadatta Narasimharaja Wodeyar measuring 10 acres in 121 Sy.No.39 of Chowdahalli Village in favour of Sri Abdul Rahim, predecessor-
in-title of the petitioners.
(iv) Reg.- Mujeed Ahmad (petitioner No.5)
(a) Sale deed dated 01.07.1974 executed by Srikantadatta Narasimharaja Wodeyar measuring 10 acres in Sy.No.39 of Chowdahalli Village in favour of Sri Abdul Salam, predecessor-
in-title of the petitioner.
(b) Sale deed dated 15.07.1974 executed by Srikantadatta Narasimharaja Wodeyar measuring 08 acres including 1 acre of Kharab in Sy.No.39 of Chowdahalli Village in favour of Sri Abdul Salam, predecessor-
in-title of the petitioner.
(v) Reg.- Ms.Saleha Begum (petitioner No.6):-
(a) Sale deed dated 01.07.1974 executed by Srikantadatta Narasimharaja Wodeyar measuring 10 acres in Sy.No.39 of Chowdahalli Village in favour of Sri Abdul Suban, predecessor-
in-title of the petitioner.
b) Sale deed dated 13.07.1974 executed by Srikantadatta Narasimharaja Wodeyar 122 measuring 24 acres including Kharab in Sy.No.39 of Chowdahalli Village in favour of Sri Abdul Suban, predecessor-
in-title of the petitioner.
c) Sale deed dated 13.07.1974 executed by Srikantadatta Narasimharaja Wodeyar measuring 08 acres including 1 acre Kharab in Sy.No.39 of Chowdahalli Village in favour of Sri Abdul Suban, predecessor-
in-title of the petitioners.
23040/2015 Sale deed dated 10.09.1971 M.R.No.8/1971-1972 RRT No.541/2014-15 (i) To issue writ of executed by the Maharaja effected pursuant to the order dated 26.05.2015. certiorari to quash of Mysore through GPA sale deed executed by the the order of Deputy holder N.Nagarajappa Maharaja of Mysore in Commissioner measuring 08 acres in favour of dated 26.05.2015 in Block 'C' of Sy.No.41 of Smt.Yashodamma, RRT No.541/2014- Aalanahalli village in petitioner herein. 2015.
favour of
Smt.Yashodamma, the RTCs from the year (ii) To issue writ of
petitioner herein. 1985-86 onwards. mandamus to pass
necessary orders to
(As per the synopsis remove the entry
submitted on 6.6.2020) 'B Kharab' in the
revenue records.
23079/2015 Sale deed dated 07.05.1971 M.R.No.10/1970-1971 RRT No.540/2014-15 (i) To issue writ of
executed by Maharaja of effected reflecting the dated 26.05.2015. certiorari to quash Mysore through his GPA sale deed executed by the impugned order holder N.Nagarajappa Maharaja of Mysore in dated 26.05.2015 in measuring 24 acres in favour of RRT No.540/2014- Sy.No.4 of Kurubarahalli Smt.B.K.Savithramma, 15 passed by the in favour of predecessor-in-title of the Deputy Smt.B.K.Savithramma, petitioner. Commissioner.
predecessor-in-title of the
petitioner. (ii) To issue writ of
(As per synopsis submitted mandamus to
on 06.06.2020). remove the entry
123
'B Kharab' in
revenue records.
23791/2015 Sale deed dated 17.08.1974 Only RTC entries in the RRT No.542/2014- To issue writ of
executed by Srikantadatta name of petitioner 2015 certiorari to quash
Narasimharaja Wodeyar A.Chandrashekar and the impugned order
measuring 7 acres 4 guntas others from 2002-2003 is dated 26.05.2015 in
in Sy.No.39 of Chowdahalli available. RRT No.542/2014-
Village in favour of Sri 2015 passed by the
Ananthanarayana, Deputy
predecessor-in-title of the Commissioner.
petitioner.
24853/2015 Original Sale deed dated Details of earliest RRT No.542/2014-15 (i) To set aside the
15.06.1974 executed by Sri mutation not dated 26.05.2015. order of Deputy Srikantadatta forthcoming. Commissioner Narasimharaja Wodeyar dated 26.05.2015 in represented by his Trustees RRT No.542/2014-
in favour of Sri R.G.Abdul 2015.
Jabbar, predecessor-in-title
of the petitioner in respect (ii) To restore the
of 11 acres 38 guntas in original entries in
Sy.No.39 of Chowdahalli the revenue records
Village. in the name of
petitioner.
25462/2015 (i) Smt. Muniyamma, M.R.No.5/1970-71 in (i) RRT/540/2014-2015 (i) To quash order
predecessor-in-title of the favour of dated 26.05.2015. dated 26.05.2015 in petitioners has purchased Smt.Muniyamma. RRT No.540/2014-
land through sale deed (ii) RRT/541/2014- 2015 and dated 15.01.1971 executed 2015 541/2014-2015. by the GPA holder of Sri dated 26.05.2015. Jayachamarajendra Wodeyar with respect to an (ii) To quash the extent of 33.28 acres of mutation orders 124 land in Sy.No.4 of made with respect Kurubarahalli village. to Sy.No.4 of 25474 - Kurubahalli and 25475/2015 Sy.No.41 of Sale deed dated 22.04.1966 M.R.No.2/1966-1967 in Aalanahalli executed by Maharaja of favour of Smt.Indiramma. pursuant to the Mysore in favour of orders of Deputy Smt.Indiramma with Commissioner.
respect to an extent of 8 acres 36 guntas in Sy.No.4 of Block-A of Kurubarahalli village.
25476- 25477/2015 Sale deed dated 6.5.1974 M.R.No.17/1973-1974 in executed by Maharani favour of Hajee Indirakshidevi Trust in Mohammed.
favour of Hajee
Mohammed Ibrahim with
respect to an extent of land
in Sy.No.4 of Kurubarahalli
village.
25478/2015
Sale deed dated 6.5.1974 Details of earliest
executed by Maharani mutation not
Indirakshidevi Trust in forthcoming. favour of Hajee Ibrahim with respect to an extent of 12 acres in Sy.No.4 of Kurubarahalli village.
25479/2015
Sale deed dated 4.7.1971 Details of earliest
executed by Sri mutation not
Jayachamarajendra forthcoming.
Wodeyar represented
through his Power of
Attorney holder in favour
of Smt.Saraswathi Bai with
respect to an extent of 10
acres of Sy.No.4 of
Kurubarahalli village.
125
25480/2015 Sale deed dated 02.02.1972 M.R.No.1/1972-1973 executed by Sri Jayachamarajendra Wodeyar in favour of Smt.Jayalakshmi with respect to an extent of 4 acres 36 guntas of land in Block No.16 of Sy.No.4 of Kurubarahalli and 10 guntas of land in Block No.1 in Sy.No.41 of Aalanahalli village.
25481/2015 Sale deed dated 7.5.1971 M.R.No.9/1970-1971 executed by Sri Jayachamarajendra Wodeyar in favour of Smt.Revathi Uchil with respect to an extent of 26 acres of land in Sy.No.4, Block No.E and E1 of Kurubarahalli village.
25482- Sale deed dated 29.5.1971 M.R.No.1/1971-1972 25485/2015 executed by Sri Jayachamarajendra Wodeyar in favour of P.Somu with respect to an extent of 2 acres of land in Sy.No.4, Block No.C of Kurubarahalli village.
25486 - Sale deed dated 21.4.1971 M.R.No.8/1971-1972. 25488/2015 executed by Sri Jayachamarajendra Wodeyar in favour of B.G.Uttaiah with respect to an extent of 5 acres of land in Sy.No.4, Block No.3 of Kurubarahalli village..
25492- Sale deed dated 7.5.1971 Details of earliest 25495/2015 executed by Sri mutation not Jayachamarajendra forthcoming.
126Wodeyar in favour of Smt.B.K.Savithramma with respect to an extent of 24 acres of land in Sy.No.4 of Kurubarahalli village.
25497/2015 Sale deed dated 10.6.1972 M.R.No.24/1972-1973.
executed by Sri
Jayachamarajendra
Wodeyar in favour of
U.G.Gopalkrishne Urs with
respect to an extent of 7
acres of land in Sy.No.4,
Block No.B of
Kurubarahalli village.
(Details as furnished in
memo dated 20.12.2019
and 12.06.2020).
25592/2015 Petitioner is the wife of late ---- RRT No.541/2014-15 To issue writ of
Sri Srikantadatta RRT No.542/2014-15 certiorari to set
Narasimharaja Wodeyar to Dated 26.05.2015 aside the order
whose share the property in passed in RRT
Sy No.4 of Kurubarahalli, Nos.541/2014-2015
Sy.No.31 of Chowdahalli and No.542/2014-
and Sy.No.41 of 2105 dated
Aalanahalli fell as per the 26.05.2015.
family settlement in the
year 1984
25655- Sale deed executed on M.R.No.9/1971-72. RRT No.540/2014- (i) Writ of
25656/2015 21.04.1971 with respect to 2015 dated 26.05.2015 certiorari to quash
an extent of 10 acres of Mutation entries in the the order of Deputy
land in Kurubarahalli in name of vendor Commissioner
Sy.No.4 (earlier Block K.M.Muthanna effected dated 26.05.2015 in
Nos.6 and 7, present pursuant to the sale deed RRT No.540/2014-
Sy.No.4/P/31, City dated 21.04.1971 2015.
Sy.No.6970) by Sri
Jayachamarajendra
Wodeyar through GPA (ii) Writ of
holder in favour of mandamus to direct
predecessor-in-title of the respondent No.3 to
petitioner Sri restore RTC and
K.M.Muthanna. mutation entries in
127
the name of
petitioners and
remove the entry
'B Kharab' in
revenue records.
25663- Sale deed executed on M.R.No.9/1971-72 RRT No.540/2014- (i) Writ of
25673/2015 21.04.1971 with respect to 2015 dated 26.05.2015 certiorari to quash
an extent of 10 acres of Mutation entries in the the order in RRT
land in Kurubarahalli in name of vendor No.540/2014-2015
Sy.No.4 (earlier Block K.M.Muthanna effected
Nos.6 and 7, present pursuant to the sale deed (ii) Writ of
Sy.No.4/P/31, City dated 21.04.1971. mandamus to direct Sy.No.6970) executed by respondent No.3 to Sri Jayachamarajendra restore RTC and Wodeyar through GPA mutation entries in holder in favour of the name of predecessor-in-title of the petitioner and to petitioner Sri remove entry of K.M.Muthanna. 'B Kharab' in the revenue records.
25675- Sale deed executed on M.R.No.9/1971-72 RRT No.540/2014-15 (i) Writ of 25686/2015 21.04.1971 with respect to dated 26.05.2015 certiorari to quash an extent of 10 acres of Mutation entries in the the order dated land in Kurubarahalli in name of vendor 26.05.2015 in RRT Sy.No.4 (earlier Block K.M.Muthanna effected No.540/2014-2015 Nos.6 and 7, present pursuant to the sale deed Sy.No.4/P/31, City dated 21.04.1971 (ii) Writ of Sy.No.6970) executed by mandamus to direct Sri Jayachamarajendra It is also to be noted that respondent No.3 to Wodeyar through GPA Mutation entry No.239 restore RTC and holder in favour of was effected as per order mutation entries in predecessor-in-title of the dated 10.05.1968 the names of petitioner Sri directing all lands of petitioners and K.M.Muthanna. Kurubarahalli excluding remove the entry of Sy.No.1, 2 and 3 to be 'B Kharab' in the (New Sy.No.4/P31 City made out in the name of revenue records. Sy.No.6970) of Maharaja of Mysore. Kurubarahalli Village Copy of the said order is produced as Annexure-M to the writ petition.
12826062/2015 Sale deed dated 12.04.1960 MR No.17/2000-2001. RRT No.540/2014-15 (i) Writ of with respect to an extent of certiorari to quash 1 acre 18 guntas marked as Details of mutation the order dated Block No.2, 25 guntas relating to earlier sale 26.05.2015 of marked as Block No.3/B deed of 12.04.1960 not Deputy and 4 acres 16 guntas forthcoming. Commissioner in marked as Block No.4, RRT No.540/2014- totally measuring 6 acres 19 2015.
guntas of Survey No.4 of Kurubarahalli Village (ii) Writ of executed by Maharaja of mandamus to direct Mysore represented by his the Tahsildar to Secretary in favour of the remove the entry of maternal grandfather of the 'B kharab' in the petitioner B.Kempaiah. RTCs of the land in Sy.No.4 of Kurubarahalli Village and restore revenue entries in the name of the petitioner in respect of 6 acres 11 guntas in Sy.No.4.
(iii) Issue writ of
mandamus
directing third
respondent -
Tahsildar to enter
the name of
petitioner in respect
of an extent of
1 acre 39½ guntas
retained by the
petitioner in
Sy.No.4.
26063- Sale deed dated 22.09.1971 M.R.No.2/1972-1973 RRT No.540/2014-15 (i) Writ of
26064/2015 executed by the Maharaja dated 17.04.1972. dated 26.05.2015 certiorari to quash of Mysore in favour of the order of Deputy Smt.T.V.Alamelu w/o Sri Commissioner S.V.Rajarathnam, dated 26.05.2015 in predecessor-in-title of the RRT No.540/2014- petitioner with respect to an 2015 extent of 2 acres 30 guntas 129 marked as Block No.N of (ii) Writ of Kurubarahalli Village. mandamus to direct respondent No.3 to remove entry of 'B Kharab' in RTC of land in Sy.No.4 of Kurubarahalli and restore revenue entries in the name of petitioners in respect of 1 acre 20 guntas of land in Sy.No.4.
26717/2015 Sale deed dated 09.09.1971 Details of earliest RRT No.541/2014-15 To issue writ of & executed by the Maharaja mutation pursuant to the dated 26.05.2015 certiorari to quash 26852/2015 in favour of the first sale deed executed the order of Deputy predecessor-in-title of the by the members of the Commissioner petitioner Sri R.G.Hajji Royal family not dated 26.05.2015 in Mohammad Ameer with forthcoming. RRT No.541/2014- respect to an extent of 15 Only detail available is 2015. acres in Sy.No.41 of Uttara Patra No.R7PRFK Aalanahalli Village. (41/88-89) dated 23.05.1989.
26814- (i) Schedule 'A' property Details of earliest RRT No.540/2014- (i) Writ of 26815/2015 claimed by petitioner No.1 mutation not 2015 dated 26.05.2015. certiorari to quash forthcoming. the order of Deputy Predecessor-in-title of the Commissioner in petitioner has acquired the RRT No.540/2014-
schedule property 2015 dated
measuring an extent of 8 26.05.2015 passed
acres in Block-C of by the Deputy
Sy.No.4 of Kurubarahalli Commissioner and
Village through sale deed
dated 3.5.1967. (ii) Consequently to direct the
(ii) Schedule 'B' property respondents to claimed by petitioner No.2 restore mutation and Khata in the Predecessor-in-title of the name of petitioners petitioner has acquired the in respect of schedule property schedule properties measuring an extent of 5 by deleting the acres in Sy.No.4 of entries pursuant to 130 Kurubarahalli Village the orders passed through sale deed dated by the Deputy 10.6.1972. Commissioner.
26816/2015 Maharaja of Mysore sold Details of earliest RRT No.540/2014-15 (i) Writ of
property to mutation not dated 26.05.2015 certiorari to quash
Smt.Lalithamma forthcoming. the order dated
Kumaraswamy, 26.05.2015 passed
predecessor-in-title of the RTCs from the year in RRT
petitioner an extent of 20 1990-1991 onwards. No.540/2014-15 by
acres of land Block-C of the Deputy
Sy.No.4 of Kurubarahalli M.R.No.5/1998-1999. Commissioner.
Village through sale deed dated 9.9.1971. (ii) Seeks restoration of mutation and Katha in the name of the petitioner by deleting mutation and RTC entries made pursuant to the impugned order of Deputy Commissioner.
27488- Item No.1 of Schedule 'A' Details of earliest RRT Nos.540/2014-15 (i) To set aside the 27492/2015 property was purchased by mutation reflecting sale and 541/2014-15 dated order of Deputy & the predecessor-in-title of deed executed by 26.05.2015 Commissioner in 27494- the petitioner from Sri Maharaja of Mysore is RRT Nos.540/ 27495/2015 Jayachamarajendra not forthcoming. 2014-15 and Wodeyar represented Mutation entry in the 541/2014-015 through his GPA holder name of Krishna S/o dated 26.05.2015. through sale deed dated T.Thimmaiah viz., 21.10.1971 with respect to M.R.No.1/2006-2007 is (ii) To direct the an extent of 4 acres 24 only forthcoming. respondents to guntas in Block-11 of restore mutation Sy.No.4 of Kurubarahalli and Khata in the Village and through the name of the same sale deed an extent of petitioners by 16 guntas in Sy.No.41 of deleting the Aalanahalli Village came to mutation and RTC be purchased entries made pursuant to the Item No.3 of Schedule 'A' order passed by the property was purchased by Deputy 131 the predecessor-in-title of Commissioner. the petitioner from Sri Jayachamarajendra Wodeyar represented through his GPA holder through sale deed dated 21.10.1971 with respect to an extent of 4 acres 17 guntas in Block-12 of Sy.No.4 of Kurubarahalli Village and through the same sale deed an extent of 23 guntas in Sy.No.41 Block-E of Aalanahalli Village came to be purchased.
Item No.4 of Schedule 'A' property was purchased by the predecessor-in-title of the petitioner from Sri Jayachamarajendra Wodeyar represented through his GPA holder through sale deed dated 21.10.1971 with respect to an extent of 4 acres 10 guntas in Block-13 of Sy.No.4 of Kurubarahalli Village and through the same sale deed an extent of 30 guntas in Sy.No.41, Block-F of Aalanahalli Village came to be purchased.
Item No.5 of Schedule 'A' property was purchased by the predecessor-in-title of the petitioner from Sri Jayachamarajendra Wodeyar represented through his GPA holder through sale deed dated 06.12.1971 with respect to 132 an extent of 4 acres 10 guntas in Block-14 of Sy.No.4 of Kurubarahalli Village and through the same sale deed an extent of 30 guntas in Sy.No.41. Block-G of Aalanahalli Village came to be purchased.
Item No.6 of Schedule 'A' property was purchased by the predecessor-in-title of the petitioner from Sri Jayachamarajendra Wodeyar represented through his GPA holder through sale deed dated 31.05.1971 with respect to an extent of 5 acres in Block-C of Sy.No.4 of Kurubarahalli Village.
Schedule 'B' property was purchased by the predecessor-in-title of the petitioner from Sri Jayachamarajendra Wodeyar represented through his GPA holder through sale deed dated 09.12.1971 with respect to an extent of 4 acres 10 guntas in Block-H of Sy.No.4 of Kurubarahalli Village and through the same sale deed an extent of 30 guntas in Sy.No.41 of Aalanahalli Village came to be purchased in favour of P.E.Vijayakumar, predecessor-in-title of the petitioner.
13327761- Sale deed dated 9.5.1974 (i) M.R.No.13/1973- RRT No.540/2014-15 (i) Writ of 27762/2015 executed by 1974. dated 26.05.2015 certiorari to quash Maharajakumari Indrakshi the order in RRT Deviavaru Trust in favour (ii) Record of Rights No.540/2014-2015 of the petitioner with from 1971 to 2011. passed by the respect to an extent of 5 Deputy acres in Block No.14 of Commissioner.
Sy.No.4 of Kurubarahalli
Village. (ii) Writ of
mandamus to retain
the name of the
petitioner in the
revenue records.
27966/2015 Sale deed dated 01.06.1976 Details of earliest RRT No.542/2014-15 Writ of certiorari to
executed in favour of mutation pursuant to the dated 26.05.2015. quash the
Smt.Mumtaz Ahamed sale deed executed by the impugned order in
Siddiqui by "Yuvaraja Maharaja of Mysore not RRT No.542/2014-
Srikantadatta forthcoming. 2015 dated
Narasimharaja Wodeyar 26.05.2015 passed
Trust" with respect to an M.R.No.19/2005-2006 in by the Deputy
extent of 2 acres 27 guntas the name of the Commissioner.
in Sy.No.39 of Chowdahalli petitioner. Village.
28082- The father of petitioner Mutation entry made on RRT No.540/2014-15 (i) To quash the 28085/2015 Nos.1 to 3 and grand father 6.1.1962 in Index of Land dated 26.05.2015. order bearing RRT of petitioner Nos.4 and 5 in Form Nos.5 and 6 No. 540/2014-2015 have purchased an extent of reflecting name of late dated 26.05.2015 of 40 acres through sale deed T.Boraiah, father of the Deputy dated 26.08.1961 executed petitioner Nos.1 to 3 and Commissioner. by Maharaja of Mysore in grand father of petitioner Sy.No.4 of Kurubarahalli Nos.4 and 5. Village.
28196/2015 Sale deed dated 24.08.1974 Details of earliest RRT No.540/2014-15 (i) Writ of executed by the Maharaja mutation pursuant to the dated 26.05.2015. certiorari to set of Mysore in favour of sale deed executed by the aside the order of M.V.Dhanarajulu Naidu, Maharaja of Mysore not Deputy predecessor-in-title of the forthcoming. Commissioner petitioners with respect to dated 26.05.2015 in an extent of 3 acres in M.R.No.1/1982-83 is RRT No.540/2014-
Sy.No.4/32P of noted in the Patta Book 2015
Kurubarahalli Village. reflecting change of
mutation in the name of (ii) Writ of
the petitioner. mandamus to direct
134
the Deputy
Commissioner to
consider request of
petitioner for
conversion of land.
28197/2015 Sale deed dated 6.5.1974 Details of earliest RRT No.540/2014- Writ of certiorari to
measuring 3 acres in Block mutation pursuant to the 2015 dated 26.05.2015 quash the order of
No.7 of Sy.No.4 of sale deed executed by the the Deputy
Kurubarahalli Village Maharaja of Mysore not Commissioner
executed by forthcoming. dated 26.05.2015 in
Maharajakumari Indirakshi RRT No.540/2014-
Deviavaru Trust in favour 2015.
of Ms.Hajini Zikriya
Begum, predecessor-in-title
of the petitioner.
28198/2015 Sale deed dated 6.5.1974 Details of earliest RRT No.540/2014- Writ of certiorari to
measuring 3 acres of mutation pursuant to the 2015 dated 26.05.2015 quash the order of
Sy.No.4, Block No.8 (New sale deed executed by the the Deputy
P-14) of Kurubarahalli Maharaja of Mysore not Commissioner
Village executed by forthcoming. dated 26.05.2015 in
Maharajakumari Indirakshi RRT No.540/2014-
Deviavaru Trust in favour 2015.
of Ms.Hajini Zikriya
Begum, predecessor-in-title
of the petitioner.
28199/2015 Sale deed dated 28.11.1960 Details of earlier RRT No.540/2014-15 (i) Writ of
executed by Maharaja of mutation relating to Sale dated 26.05.2015 certiorari to quash
Mysore with respect to an deed of 28.11.1960 not the order of the
extent of 2 acres of land forthcoming. Deputy
which is part of Sy.No.4 of Commissioner
Kurubarahalli Village in Khata effected in the dated 26.05.2015 in
favour of Balakrishna name of Ananthavardhan RRT No.540/2014-
Shetty, predecessor-in-title Goenka and Ms.Priti 2015.
of the petitioner. Goenka, subsequent
purchasers (ii) To issue an
in the year 1984 order of prohibition
restraining
respondents from
initiating any
proceedings in
order to cancel
Khata standing in
135
the name of
petitioner.
28247- Sale deed dated 06.05.1974 Details of mutation RRT No.540/2014-15 Writ of certiorari to
28248/2015 measuring 5 acres in Block relating to the sale deed dated 26.05.2015 quash the order of
No.4 of Sy.No.4 of dated 06.05.1974 not Deputy
Kurubarahalli Village forthcoming. Commissioner
executed by dated 26.05.2015 in
Maharajakumari Indirakshi RRT No.540/2014-
Deviavaru Trust in favour 2015.
of Ms.Hajini Zikriya
Begum, predecessor-in-title
of the petitioner.
28250/2015 Sale deed dated 06.05.1974 Details of earlier RRT No.540/2014- Writ of certiorari to
measuring 3 acres, Block mutation relating to sale 2015 dated 26.05.2015 quash the order of
No.9 (New PB-9) in deed dated 06.05.1974 the Deputy
Sy.No.4 of Kurubarahalli not forthcoming. Commissioner
Village executed by dated 26.05.2015 in
Maharajakumari Indirakshi M.R.No.9/1992-1993 RRT No.540/2014-
Deviavaru Trust in favour showing the name of 2015.
of Ms.Haji Mohamed Ms.Hajini Zaihunnisa
Ibrahim, predecessor-in- W/o Haji Mohamed
title of the petitioner. Ibrahim effected
consequent to his death.
28456/2015 Gift deed dated 08.06.1962 RTCs were transferred in RRT No.540/2014-15 (i) Writ of
executed by Sri Jayachama- the name of donee dated 26.05.2015 certiorari to quash
rajendra Wodeyar with Nagaprasannaraje Urs in the order of the
respect to an extent of 15 the year 1981-1982. Deputy acres in Sy.No.4 of Commissioner in Kurubarahalli Village, RRT No.540/2014-
Mysore in favour of 2015.
Nagaprasannaraje Urs,
predecessor-in-title of the (ii) To issue a
petitioner. direction to restore
the mutation and
Khata entries in the
names of petitioner
by deleting
mutation and RTC
entries pursuant to
the impugned order
passed by the
Deputy
Commissioner.
136
28719/2015 Sale deed dated 31.12.1971 Details of mutation at the RRT No.540/2014- (i) Writ of
& with respect to an extent of earliest point of time not 2015 dated 26.05.2015 certiorari to set
28720- 9 acres 7 guntas in Sy.No.4, forthcoming. aside the order of
28723/2015 Block No.27, 28, 29, 30 the Deputy
and 31 (new No.4/P52) of Commissioner
Kurubarahalli Village dated 26.05.2015 in
executed by Sri RRT No.540/2014-
Jayachamarajendra 2015.
Wodeyar in favour of -
(i) Sri Dhanraj Naidu, (ii) Issue a
(ii) Bhaskar Naidu, direction to the
(iii) Bheema Naidu respondents to
(iv) Rangaswamy Naidu, restore names of
(v) Madhavan Naidu, who petitioners in the
are predecessors-in-title of revenue records as
the petitioner. it was prior to the
impugned order at
Annexure-M.
28759/2015 (i) The father of petitioner Copy of mutation RRT No.540/2014-15 (i) To quash the
Nos.1 and 2 have purchased pursuant to the earliest dated 26.05.2015. order dated
5 acres in Sy.No.4, Block sale deeds not 26.05.2015 in RRT
No.5, of Kurubarahalli forthcoming. No.540/2014-2015
Village, through a
registered sale deed dated (ii) To declare
6.5.1974. mutation order
dated
28761/2015 (ii) sale deed dated Copy of mutation 26/29.05.2015
26.08.1961 executed by the pursuant to the earliest made in
Maharaja of Mysore in sale deeds not M.R.No.H1 in
favour of T.Boraiah with forthcoming. respect of Survey
respect to an extent of 40 No.4 of
acres in Sy.No.4, Block-B, Kurubarahalli
Kurubarahalli Village. Village as regards
petitioner Nos.3 to
6 as null and void
28763/2015 (iii) Sale deed dated Copy of mutation (Annexure-T).
17.03.1973 executed by Sri pursuant to the earliest
Jayachamarajendra sale deeds not (iii) To set aside
Wodeyar in favour of forthcoming. orders dated
Bhaskar Naidu with respect 2.6.2015 made in
to an extent of 3 acres in LND (1)/CR.131 of
Sy.No.4 of Kurubarahalli. 2015-2016 and
order dated
3.6.2015 made in
No.LND
137
28764/2015 (iv) Sale deed dated Copy of mutation (1)/CR.130/2015-
23.12.1971 executed by Sri pursuant to the earliest 2016 (Annexures-V
Jayachamarajendra sale deeds not and V1).
Wodeyar in favour of forthcoming.
Smt.Puttamma,
predecessor-in-title of the
petitioner with respect to an
extent of 5 acres in Sy.No.4
of Kurubarahalli village.
28853/2015 The predecessor-in-title of Index of Land made in RRT No.540/2014-15 (i) To quash the
the petitioner late T.Boraiah Form Nos.5 and 6 on dated 26.05.2015 order passed in
purchased an extent of 40 06.01.1962. RRT No.540/2014-
acres through sale deed 2015 dated
dated 26.08.1961 from the 26.5.2015 by the
Maharaja of Mysore out of Deputy
Survey No.4 of Commissioner.
Kurubarahalli Village.
(ii) To declare that
Deputy
Commissioner
(respondent No.2)
has no jurisdiction
to decide issue of
title to the schedule
lands in
proceedings under
Section 136(3) of
the Karnataka
Land Revenue Act.
29049/2015 The mother of petitioner M.R.No.9/1970-1971 RRT No.540/2014-15 To set aside the
has purchased an extent of dated 26.05.2015. order of Deputy 24 acres out of Survey No.4 Commissioner in of Kurubarahalli Village RRT No.540/ from Sri 2014-2015 dated Jayachamarajendra 26.05.2015.
Wodeyar under the
registered sale deed dated
7.5.1971.
30553- Petitioner purchased Details of earliest RRT No.540/2014-15 Writ of certiorari to
30558/2015 property in Sy.No.4 of mutation not dated 26.05.2015. quash the order of & Kurubarahalli Village forthcoming. Deputy 32034- through sale deed dated Commissioner in 138 32038/2015 10.09.1971 from the M.R.No.13/2001-2002. RRT No.540/2015 & Maharaja of Mysore dated 26.05.2015. 32039/2015 through GPA holder Sri T.N.Nagarajappa.
30603/2015 Sale deed dated 06.05.1974 Record of Rights dated RRT No.540/2014-15 (i) Writ of & executed by 10.05.1968 for the entire dated 26.05.2015. certiorari to quash 34567- Maharajakumari Inidrakshi extent of 1563 acres 31 the order in RRT 34568/2015 Deviavaru Trust in favour guntas of Sy.No.4 has No.540/2014-2015 of predecessor-in-title of been transferred by the dated 26.05.2015 the petitioner with respect Tahsildar in favour of passed by the to an extent of 6 acres in Maharaja of Mysore. Deputy Block No.17 Sy.No.4; 4 Commissioner.
acres 20 guntas of Block Details of subsequent
No.18 of Sy.No.4/P10 and mutation not (ii) issue a direction
7 acres Sy.No.4/PB Block forthcoming. to Tahsildar to
No.19 of Kurubarahalli restore RTC and
Village . mutation entries in
the name of the
(As per the details petitioner and
furnished in memo dated remove the entry of
20.12.2019) 'B Kharab' in the
revenue records.
31029/2015 Sale deed dated 22.01.1969 Details of RTC and RRT No.540/2014-15 (i) Writ of
executed by the Maharaja mutation not dated 26.05.2015. certiorari to quash of Mysore in favour of Smt. forthcoming. the order passed in M.Nagarathnammanni, RRT No.540/2014- predecessor-in-title of the 2015 dated petitioners with respect to 26.05.2015.
an extent of land in (ii) Writ of
Kurubarahalli Village. mandamus to direct
the Tahsildar to
restore RTC and
mutation entries in
the name of the
petitioners and to
remove the entry
'B Kharab' in the
revenue records.
31138- Sale deed dated 26.01.1950 Details of earliest RTC RRT No.540/2014-15 (i) Writ of
31143/2015 executed by the Maharaja and mutation not dated 26.05.2015. certiorari to quash of Mysore Sri forthcoming. the order passed in Jayachamarajendra RRT No.540/2014-
Wodeyar through power of 2015 dated
attorney holder 26.05.2015.
139
H.Nagarajappa in favour of
U.G.Lakshmikantharaje (ii) Writ of
Urs with respect to the prohibition
extents 5 acres and 7 acres restraining the
in Sy.No.4 of Kurubarahalli respondents from
Village. initiating
proceedings against
property of
petitioners.
31444/2015 Sale deed dated 4.11.1971 M.R.No.13/1971-1972 RRT No.540/2014-15 (i) To quash the
executed by Sri dated 26.05.2015. order dated
Jayachamarajendra 26.5.2015 made in
Wodeyar through his power RRT No.540/2014-
of attorney of holder 2015.
N.Nagarajappa with respect
to an extent of 2 acres in (ii) To quash
Sy.No.4/19B in favour of mutation order
Sri B.Sreekantaiah S/o of dated 29.05.2015
late Basavaiah. made in
M.R.No.H1
RRT/2014-2015 in
respect of Sy.No.4
of Kurubarahalli
Village insofar as
the lands of the
petitioner are
concerned.
33192- (i) Sri Jayachamarajendra M.R.No.21/1971-72 RRT No.540/2014-15 To quash the order
33194/2015 Wodeyar through his Power effected with respect to dated 26.05.2015 dated 26.05.2015
of Attorney Holder an extent of 1 acre in passed in RRT
N.Nagarajappa executed Sy.No.4 pursuant to the No.540/2014-2015
registered sale deed on sale deed executed by by the Deputy
03.11.1971 with respect to Maharaja of Mysore. Commissioner.
an extent of 1 acre in
Sy.No.4 of Kurubarahalli in
favour of B.Rama Singh,
predecessor-in-title of the
petitioner Nos.1 and 2.
(ii) The predecessor-in-title
of petitioner No.3,
B.Uttaiah has purchased an
extent of 5 acres in Sy.No.4
of Kurubarahalli from Sri
Jayachamarajendra
140
Wodeyar through his power
of Attorney Holder
N.Nagarajappa under the
registered sale deed
23.04.1971.
35324/2015 Predecessor-in-title of the (i) M.R.No.10/1982-83. RRT No.540/2014-15 To quash the order
& petitioner purchased 2 acres as per order dated of Deputy
44691- of land in Sy.No.4 of (ii) RTC from 1982 to 26.05.2015 Commissioner in
44693/2015 Kurubarahalli Village 2010. RRT No.540/2014- through sale deed dated 2015 dated 28.12.1974 from the 26.05.2015.
Maharaja of Mysore Sri Jayachamarajendra Wodeyar through his power of attorney holder Sri N.Nagarajappa.
35654/2015 The petitioner has --- RRT No.541/2014-15 (i) To issue writ of & purchased various extents dated 26.05.2015 certiorari to quash 42912- of property in Sy.No.41 of the order passed in 42916/2015 Aalanahalli Village through RRT No.541/2014- registered sale deed dated 2015 dated 10.07.2012 executed by Sri 26.05.2015.
Srikantadatta Wodeyar
(sale deed pending
registration). (ii) To issue writ of
mandamus to direct
the respondents to
remove the entry
'B Kharab' in the
revenue records.
36304/2015 Sale deed dated 04.11.1971 Record of Rights dated RRT No.540/2014-15 (i) To quash the
& executed by Sri 10.05.1968 for the entire dated 26.05.2015 order passed in
2830- Jayachamaraja Wodeyar in extent of 1563 acres 31 RRT No.540/2014-
2833/2016 favour of Smt.Saraswathi guntas of Sy.No.4 has 15 dated
Bai with respect to an been transferred by the 26.05.2015 by the
extent of 5 acres excluding Tahsildar in favour of Deputy
Kharab in Sy.No.4 of Maharaja of Mysore. Commissioner.
Kurubarahalli Village.
Details of subsequent (ii) To issue a writ
mutation not of mandamus
forthcoming. directing
respondent No.3 to
restore RTC and
141
mutation entries in
the name of
petitioners and to
remove the entry
'B' Kharab in the
revenue records.
43884/2015 Gift Deed dated 6.8.1962 Details of mutation RRT No.540/2014-15 (i) Writ of
executed by the Maharaja pursuant to the Gift Deed dated 26.05.2015 certiorari to quash
of Mysore Sri not forthcoming. the order passed in
Jayachamarajendra RRT No.540/2014-
Wodeyar in favour of RTCs from the year 2015 dated
T.B.Krishna Urs, the 1980-1981 to 2010-2011. 26.05.2015.
predecessor-in-title of
petitioners with respect to (ii) Writ of
an extent of 35 acres in mandamus to direct
Sy.No.4 of Kurubarahalli the Tahsildar to
Village. restore RTC and
mutation entries in
the name of the
petitioner and to
remove the entry
'B Kharab' in the
revenue records.
12633/2016 Gift deed dated 25.04.2013 Katha No.R(9)/PR- RRT No.540/2014-15 (i) To set aside the
&15024/2016 executed by Srikantadatta KT/298/13-14. dated 26.05.2015 order dated
Wodeyar measuring 15 26.05.2015 in RRT
acres in Sy.No.4 of No.540/2014-15
Kurubarahalli Village in passed by the Deputy
favour of the petitioner and Commissioner.
A.Ramakrishnam Raju.
(ii) To direct
respondent No.2 to
enter the name of
the petitioner in the
revenue records.
63797- Sale deed dated 30.08.1961 Details of RTC and RRT No.540/2014-15 To set aside the
63798/2016 executed by Maharaja of mutation at the earliest dated 26.05.2015 order of Deputy
Mysore measuring 40 acres point of time not Commissioner
in Sy.No.4 of Kurubarahalli forthcoming. dated 26.05.2015 in
Village in favour of Sri RRT No.540/2014-
T.Boraiah, predecessor-in- RTCs of the year 2004- 2015.
title of the petitioner. 2005.
1900/2018 Sale deed dated 26.08.1961 Record of Rights dated RRT No.540/2014-15 To set aside the
executed by Maharaja of 10.05.1968 for the entire dated 26.05.2015 order of Deputy 142 Mysore with respect to an extent of 1563 acres 31 Commissioner extent of 40 acres in guntas of Sy.No.4 has dated 26.05.2015 in Sy.No.4 of Kurubarahalli been transferred by the RRT No.540/2014- Village in favour of Sri Tahsildar in favour of 2015. T.Boraiah and others Maharaja of Mysore. predecessor-in-title of the petitioners.
44533/2018 Sale deed dated 02.02.1972 Details of RTC and RRT No.540/2014-15 To quash the order executed by Sri mutation at the earliest dated 26.05.2015 of Deputy Jayachamaraja Wodeyar point of time reflecting Commissioner measuring 04 acres 34 conveyance from dated 26.05.2015 in guntas in Sy.No.4 of Maharaja of Mysore is RRT No.540/2014- Kurubarahalli Village in not forthcoming. 2015.
favour of Sri
D.Shantharam, M.R.No.2/1992-93
predecessor-in-title of the
petitioners.
Petitioners have purchased
a portion of this land from
the vendors.
(iv) The impugned orders are passed purportedly
in exercise of power conferred under Section 67(2) of the K.L.R. Act adjudicating the claim of the State that the lands in question were 'B Kharab' lands.
(v) The proceedings were admittedly initiated in 2011-2012 whereas the conveyances in favour of many of the petitioners as per the details available in the Table were many decades previously. Subsequent to such transfer in many of the cases, mutation/revenue 143 entries have been effected. In fact as per the order dated 10.05.196832, record of rights have been entered with respect to the entire extent of 1563 acres 31 guntas of Sy.No.4 of Kurubarahalli by the then Tahsildar.
(vi) It is settled position in law that power conferred on an Authority or by a statute must be exercised within a reasonable period of time. The Apex Court in Santoshkumar Shivgonda Patil and Others v. Balasaheb Tukaram Shevale and Others33 was considering the case of exercise of revisional power under Section 257 of the Maharashtra Land Revenue Code, 1966. Admittedly, there was no time limit prescribed for exercise of such power under the law and when such power was sought to be exercised after 17 years, it was held as follows:-
32
Annexure-M in W.P.No.25663-25673/2015 33 (2009) 9 SCC 352.144
"11. It seems to be fairly settled that if a statute does not prescribe the time-limit for exercise of revisional power, it does not mean that such power can be exercised at any time; rather it should be exercised within a reasonable time. It is so because the law does not expect a settled thing to be unsettled after a long lapse of time. Where the Legislature does not provide for any length of time within which the power of revision is to be exercised by the authority, suo motu or otherwise, it is plain that exercise of such power within reasonable time is inherent therein." In the present case, the exercise of power asserting the State's claim in the year 2011-2012 having the consequence of cancelling mutations effected several decades ago as reflected in Column No.3 of the Table extracted hereinabove is clearly an effort to exercise power conferred beyond a reasonable period of time and hence impermissible. Accordingly, in such of the cases where mutation has been effected pursuant to the transfer by the Maharaja of Mysore at the first instance as indicated in Column No.3, exercise of power in the 145 year 2010, 2011-2012 many decades subsequent to the effecting of such mutations is bad in law, as power is not only sought to be exercised after a reasonable period of time, but beyond the period of limitation prescribed in Section 27 of the Limitation Act, 1963.
(e) Alternative remedy:
(i) It is the contention of the State that as against the impugned order passed by the Deputy Commissioner under Section 67(2) of the K.L.R. Act, there are alternative remedies available as provided under Section 67(3) of the K.L.R. Act which includes filing of a civil suit against the order passed under Section 67(2) of the K.L.R. Act or as against an order passed in revision or appeal.
(ii) On the other hand, learned counsel for the petitioners have contended that the impugned order is passed without jurisdiction and if that were to be so, the 146 writ petitions challenging the validity of such orders would be maintainable.
(iii) It is settled legal position that relegating the petitioners to avail the alternative remedy to challenge the impugned orders as provided for under the statute instead of entertaining the writ petitions directly is a matter left to the discretion of the Court to be exercised keeping in mind the settled principle that a writ petition can be entertained directly against an order passed without jurisdiction. In fact, in the case of M.Sankaranarayanan34 in the context of a broadly similar factual matrix and legal controversy where the jurisdiction of the revenue authority under Section 67 of the K.L.R. Act to initiate proceedings in respect of time barred claims was being considered, the Apex Court has held that the challenge to a notice without jurisdiction could be directly entertained under Article 227 of the Constitution of India.
34 Supra note 23 ¶19.
147
(iv) Even in the case of Kuntesh Gupta35 wherein a similar legal contention as regards to the power of review being exercised which came to be challenged was considered by the Apex Court. While holding that the Vice Chancellor did not have power of review as the same was not conferred by the Statutes of the University, and as regards availing of alternative remedy, it was held that the impugned order being one without jurisdiction, alternative remedy was not a bar to entertain the writ.
(v) Accordingly, in light of the discussion supra regarding the legality of the impugned order which would clearly indicate that the impugned order is one without jurisdiction, it cannot be held that the writ petitions filed are not maintainable and hence the arguments to the contrary by the State are rejected. 35 Supra note 14.
148
(vi) It is the contention of the State that the Division Bench of this Court in W.P.No.6529/2007 and connected matters had relegated the parties claiming through the Maharaja of Mysore to work out their remedies before the civil court and a similar result ought to follow in the present case. A careful perusal of the said order would indicate that the Court has refused to adjudicate the issue in light of disputed questions of fact relating to the question as to whether the property in Survey No.1, Mysore Kasaba Hobli, Mysore was the private property of Maharaja of Mysore or belonged to the State. However, such exercise of discretion by the Court in refusing to adjudicate the claim made by the petitioners cannot forbid adjudication in any other subsequent case where material is placed before the Court enabling such adjudication. It is also to be noted that such adjudication as made by the Deputy Commissioner in the order dated 20.06.2012 is not in challenge in the present proceedings. It is the order 149 dated 26.05.2015 which in effect has reviewed the order dated 20.06.2012 that has been challenged in these writ petitions. Hence, the order passed in W.P.No.6529/2007 and connected matters will not come to the aid of the State.
(vii) Accordingly, in light of the above discussion on the points of consideration, the following order is passed:-
I. The impugned orders dated 26.05.2015 passed by the Deputy Commissioner in RRT Nos.540/2014-2015, 541/2014-2015 and 542/2014-2015 are set aside.
II. On the basis of various reliefs sought for as detailed in Column No.5 of the Table extracted above, the relief is moulded as per the directions made below to pre-empt unnecessary litigation between the petitioners and the State.150
(a) Consequent to setting aside of the impugned orders, the revenue entries including mutation wherever effected in the name of 'Government' pursuant to the impugned orders are hereby set aside.
(b) The revenue authorities/municipal authorities to consider making
appropriate entries in the names of the petitioners upon representations being made in accordance with law and as per the applicable procedure, in light of the findings made in this order.
(c) Other consequential orders pursuant to setting aside of the impugned orders may be considered in accordance with law as per the procedure prescribed on the basis of representations of the 151 petitioners to be made pursuant to the findings recorded in this order.
(d) The entry 'B Kharab' wherever found in the revenue records of the petitioners to be deleted in light of setting aside of the impugned orders dated 26.05.2015 passed by the Deputy Commissioner in RRT Nos.540/2014-2015, 541/2014-
2015 and 542/2014-2015.
These writ petitions are accordingly disposed off.
Sd/-
JUDGE VGR