Karnataka High Court
Muniyappa vs State Of Karnataka on 6 July, 2012
Author: Aravind Kumar
Bench: Aravind Kumar
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 6TH DAY OF JULY 2012
BEFORE
THE HON'BLE MR. JUSTICE ARAVIND KUMAR
WRIT PETITION Nos.9635/2011 &
27175-181/2011 (KLR-RR/SUR)
BETWEEN:
MUNIYAPPA
S/O NADA VENKATAPPA
@ DANDU VENKATAPPA
SINCE DECEASED
REPRESENTED BY HIS
LEGAL REPRESENTATIVES
1. SAROJAMMA
W/O KRISHNAPPA
AGED 45 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
2. SARASWATHI
W/O VENKATARAMANAPPA
AGED 43 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
3. SRINIVASA.M
S/O MUNIYAPPA
AGED 42 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
2
4. RATNAMMA
W/O KRISHNAPPA
AGED 40 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
5. RAMESH
S/O MUNIYAPPA
AGED 38 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
6. VENKATESH
S/O MUNIYAPPA
AGED 35 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
7. MANJULA
W/O NARAYAN SWAMY
AGED 33 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157
8. CHANDRA
S/O MUNIYAPPA
AGED 26 YEARS
OCCUPATION - AGRICULTURIST
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157 ...PETITIONERS
(BY SRI.I.CHANDRASHEKAR, ADVOCATE)
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AND:
1. STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
M.S.BUILDINGS
DR.AMBEDKAR VEEDHI
BANGALORE-560 001
2. SPECIAL COMMISSIONER
BANGALORE DISTRICT
BANGALORE
3. ASSISTANT COMMISSIONER
BANGALORE NORTH
BANGALORE
4. A.S. RAJU
S/O SABANNA
AGED 64 YEARS
OCCUPATION : RETIRED TEACHER
RESIDENT OF SONNAPPANA HALLI
JALA HOBLI
BANGALORE - 562 157 ...RESPONDENTS
(BY SRI.R.B.SATHYANARAYANA SINGH,
HCGP FOR R1 TO R3
SRI.CHRISTOPHER NOEL.A., ADV., FOR R4)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 & 227 OF THE CONSTITUTION OF
INDIA WITH A PRAYER TO QUASH THE ORDER DATED
30.11.2009 PASSED IN RRT/2/NA/CR/267/08-09, BY
RESPONDENT NO.2 SPECIAL DEPUTY
COMMISSIONER, BANGALORE DISTRICT, AS PER
ANNEXURE - J.
THESE PETITIONS COMING ON FOR ORDERS
THIS DAY THE COURT MADE THE FOLLOWING:
4
ORDER
Though matter is listed for orders by consent of learned Advocates it is taken up for final disposal.
2. Heard Sri.I.Chandrashekar, learned counsel appearing for petitioners and Sri.R.B.Sathyanarayana Singh, learned HCGP appearing for respondent Nos.1 to 3 and Sri.Christopher Neol, learned counsel appearing for respondent No.4. Perused the impugned order dated 30.11.2009, passed by second respondent, whereunder he has initiated suomotu proceedings under Section 136(3) of Karnataka Land Revenue Act, 1964, and has ordered for deleting the name of respondent therein i.e., fourth respondent herein from the revenue records in respect of land bearing Survey No.10/P 1 P3 measuring 0.20 guntas situated at Sonnappanahalli, Jala Hobli, Bangalore North Additional Taluk.
3. It is the contention of Sri.Chandrashekar, learned counsel for petitioners that father of petitioners herein by name Sri. Muniyappa was in unauthorized 5 occupation of Government land and it was granted in his favour, saguvali chit was issued and revenue records came to be mutated in his name. It is contended that father of petitioners sold the aforesaid land under a registered sale deed dated 18.12.1996 in favour of fourth respondent herein and same being in violation of provisions of the Karnataka Schedule Caste and Schedule Tribes (Prohibition of all Survey Lands) Act, 1984, he filed an application before third respondent for regrant of the said land and proceedings came to be initiated by second respondent and an order came to be passed on 16.06.2008 ordering for reconveying land in favour of original grantee i.e., petitioners father and thereafter revenue records have also been mutated in favour of original grantee i.e., petitioners father.
4. Sri.Christopher Neol, learned counsel for fourth respondent would submit that against the order passed by third respondent dated 16.06.2008 further proceedings have not been initiated and in that view of 6 the said order it has become final. In the meanwhile, second respondent as noted herein initiated suomotu proceedings by cancellation of the revenue entries and on the basis of the report received from the Tahsildar, Bangalore North Additional Taluk, Yelahanka, dated 30.11.2009, which came to be registered as RRT/2/NA/CR/267/2008-09. Proceedings were continued and fourth respondent herein was arrayed as a party and admittedly petitioners are the original grantees, who were not made parties to the said proceedings on that short ground it has to be held that order is in violation of the principles of natural justice and liable to be set aside. This court in exercise of writ jurisdiction need not remand the matter back to second respondent for adjudication afresh by directing second respondent to hold enquiry after issuing notices since factual matrix in the instant case disclose petitioners have been handed over possession of land in question by Assistant Commissioner as per provision of PTCL Act on the basis of the proceedings initiated by the original grantee Sri.Muniyappa namely, father of the petitioners 7 before third respondent, which has resulted in an order being passed dated 16.06.2008 at Annexure-E under which land in question has been ordered to be regranted in favour of original grantee and as such question of remanding matter back to second respondent does not arise. In view of the said order namely order passed by second respondent dated 30.11.2009 at Annexure-J cannot be sustained.
In the result, I pass the following:
ORDER i. Writ petitions are hereby allowed. ii. Order dated 30.11.2009 passed by second respondent in RRT/2/NA/CR/267/08-09 at Annexure-J is hereby quashed. iii. No order as to costs.
iv. Ordered accordingly. 8
In view of the writ petitions having been disposed off, I.A.No.I/2012 does not survive for consideration and accordingly stands rejected.
Sd/-
JUDGE DR