Karnataka High Court
Sri H Krishnamurthy vs The State Of Karnataka on 22 November, 2017
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF NOVEMBER, 2017
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
WRIT PETITION Nos.42829-42830 OF 2017
AND 52249-52264 OF 2017 (KLR-RES)
C/W WRIT PETITION Nos.47989-47990 OF 2017
(KLR-CON)
In W.P.Nos.42829-42830 of 2017
and 52249-52264 of 2017:
BETWEEN:
1. SRI H KRISHNAMURTHY
S/O SRI H G HANUMANTHA RAO,
AGED ABOUT 63 YEARS,
R/AT HUTTANA HALLI VILLAGE,
CHIKKAJALA HOBLI AND JALA POST
BENGALURU NORTH TALUK-562 157.
2. SRI H NAGARAJA
S/O SRI H G HANUMANTHA RAO,
AGED ABOUT 58 YEARS,
R/AT HUTTANA HALLI VILLAGE,
CHIKKAJALA HOBLI AND JALA POST,
BENGALURU NORTH TALUK-562 157.
3. SRI C R VIJAYALAKSHMI
AGED ABOUT 39 YEARS,
W/O D SHANKARAPPA
R/AT NO.19, AMMANA KANASU,
3RD MAIN, KEMPAYYA LAYOUT,
SANJAY NAGAR,
BENGALURU-560 094.
2
4. SRI RAGUPATHI HEGDE
AGED ABOUT 43 YEARS,
S/O SRI THIMMANNA HEGDE
R/AT PLAT NO.307,
HERITAGE ESTATE,
YELAHANKA, BENGALURU.
5. SRI SUDHAKAR R V
AGED ABOUT 49 YEARS,
S/O LATE R M VENKATESH
6. SMT VANITHA SUDHAKAR
AGED ABOUT 45 YEARS,
W/O SRI SUDHAKAR R V
5 AND 6 BOTH ARE R/AT
NO.182/P, SECOND MAIN,
4TH 'B' CROSS, DOMLUR LAYOUT
BENGALURU-560071.
7. SMT M RASHMI NANDAN
AGED ABOUT 31 YEARS,
W/O R BHARATH NANDAN,
R/AT NO.54, 4TH CROSS,
3RD MAIN ROAD, 'A' SECTOR,
AMRUTANAGARA,
SAHAKARANAGARA POST,
BENGALURU-560092.
8. SRI RANJITH REDDY CHAGANTI
AGED ABOUT 38 YEARS,
S/O SRI RAMI REDDY CHAGANTI
R/AT NO.61, VILLAGE GREEN BUDH LAKE,
NEW JERSEV USA 07828
REPRESENTED BY HIS GPA HOLDER
SRI RAMI REDDY CHAGANTI
AGED ABOUT 64 YEARS,
S/O SUBBA REDDY CHAGANTI
3
R/A NO.310, RMV CLUSTERS,
BENGALURU - 560 094.
9. SMT SUCHARITHA VALLAMKONDU
AGED ABOUT 39 YEARS,
W/O SRI SAIRAM KUMAR YADALLA
R/AT NO.54, 1ST FLOOR,
2ND CROSS, 20TH MAIN,
BTM 2ND STAGE,
BENGALURU-560 076.
10. SMT ROJIPRIYA VALLAMKONDU
AGED ABOUT 33 YEARS,
W/O SRI KIRAN KUMAR
VALLAMKONDU,
R/AT NO.3/966, Y M R COLONY,
PRODATTUR-516 361,
KADAPA DISTRICT,
ANDHRA PRADESH.
11. SMT PATIBANDLA RAGHU BALA
AGED ABOUT 64 YEARS,
W/O BANDARU SUBBA RAO
R/AT NO.86 BHEL COLONY,
NANDINI LAYOUT,
BENGALURU-560 096.
12. SIR T R VENKATESH
AGED ABOUT 59 YEARS,
S/O B RAMAPPA
R/A IDK 9/A,
HUTHA COLONY
BHADRAVATHI
SHIVAMOGGA DISTRICT - 578 006.
13. SMT MADHAMMA
AGED ABOUT 48 YEARS,
W/O KANNAN,
4
R/A VIDYANAGAR CROSS
BETTAHALASUR POST - 560 092
JALA HOBLI, BENGALURU
NORTH TALUK.
14. SMT SUSHEELAMMA
W/O R ALAGIRI
AGED ABOUT 57 YEARS.
15. SMT RATHNAMMA
AGED ABOUT 68 YEARS,
W/O SRI SHIVANNA
R/A CHIKKAJALA VILLAGE - 560 062
JALA HOBLI,
BENGALURU NORHT TALUK
16. SRI SRINIVAS
S/O SRI CHIKKASONNAPPA
AGED ABOUT 46 YEARS,
UNEGAL VILLAGE
HAROBANDE PANCHAYAT
GURUKI POST
CHIKKABALLAPUR
KASABA HOBLI - 577 001
CHIKKABALLAPUR TALUK
KOLAR DISTRICT.
17. SRI D S MRUTYUNJAYA SWAMY
S/O GURUSIDDAYYA SALI
NO.45, 3RD CROSS
MUNISHVARA LAYOUT
ATTUR MAIN ROAD
YALAHANKA
BENGALURU-560 064
18. SMT MATHADA NAGABHUSHANA
AGED ABOUT 56 YEARS,
S/O MAHANANDHAYYA
R/A C/O NIRANJANA
5
NO.6 PARVATHI NILAYA
NEAR CMC, BOREWELL
AMRUTHANAGAR MAIN
ROAD SECTOR A
SAHAKARANAGAR POST
BENGALURU - 560 092. ...PETITIONERS
(By Sri K.CHANDRANATH ARIGA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
REVENUE SECRETARY
VIKASA SOUDHA
BENGALURU - 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER,
BENGALURU NORTH ADDITIONAL TALUK,
KANDHAYA BHAVANA,
K.G.ROAD, BENGALURU - 560 001.
3. THE TAHASHILDAR
BENGALURU NORTH ADDITIONAL TALUK
BENGALURU DISTRICT - 560 001.
... RESPONDENTS
(By Sri KIRANKUMAR.T.L., AGA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 227 OF THE CONSTITUION OF
INDIA PRAYING TO FORBEARING THE R-2 AND 3
FROM TAKING ANY ACTION AGAINST THE
PETITIONERS IN RESPECT OF THE SCHEDULE
PROPERTY TILL THE DUE COMPLIANCE OF THE
ORDER OF THIS COURT DATED 12.03.2015 IN W.P.
1953/2014 (KLR-RR-SUR) AT ANNEXURE-W.
****
6
In W.P.Nos.47989-47990/2017:
BETWEEN:
1. M/S. VASCO CONSTRUCTIONS
A PARTNERSHIP FIRM
B-301, BRIGADE MAJESTIC
1ST MAIN ROAD, GANDHI NAGAR
BENGALURU - 560 009.
BY ITS PARNTER
MR.ARUN MENDIES
2. MR.ARUN MENDIES
S/O MR.BASIL MENDIES
AGED ABOUT 44 YEARS,
R/A MENDIES VILLA
POST TAKODE
MOODABIDRI - 574 220.
MANGALORE TALUK, D.K. .... PETITIONERS
(By Sri K.CHANDRANATH ARIGA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY ITS SECRETARY
REVENUE DEPARTMENT
VIKAS SOUDHA
DR.AMBEDKAR ROAD
BENGALURU - 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU NORTH TALUK
KANDHAYA BHAVANA
K.G.ROAD, BENGALURU - 560 001.
3. THE TAHASHILDAR
BENGALURU NORTH ADDITIONAL TALUK
7
KANDHAYA BHAVANA
K.G.ROAD, BENGALURU - 560 001.
... RESPONDENTS
(By Sri KIRANKUMAR.T.L., AGA)
THESE WRIT PETITIONS ARE FILED UNDER
ARTICLES 226 AND 277 OF THE CONSTITUTION OF
INDIA PRAYING TO FORBEARING THE R-2 AND 3
FROM TAKING ANY ACTION AGAINST THE
PETITIONERS IN RESPECT OF THE SCHEDULE
PROPERTY TILL THE DUE COMPLIANCE OF THE
ORDER OF THIS HON'BLE COURT DATED
12.03.2015 IN W.P.1953/2014 (KLR-RR/SUR) AT
ANNEXURE-E.
THESE WRIT PETITIONS COMING ON FOR
PRELIMINARY HEARING, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
Writ Petition Nos.42829-42830/2017 (with connected matter W.P.Nos.52249-52264) and as well as Writ Petition Nos.47989-47990/2017 are filed by persons claiming ownership in respect of sites formed in Sy.No.76/P6 and Sy.No.76/P17 of Chikkajala Village, Bengaluru North Additional Taluk. It is stated by them that the sites, which are purchased by them are formed in the aforesaid 8 two survey numbers. The petitioners state that after verifying the records indicating that the land in Sy.Nos.76/P6 and 76/P17 are converted from agricultural to non-agricultural residential use, thereafter the layout being formed thereon forming residential plots have purchased the sites from the Developers.
2. It is their grievance that subsequently, the Revenue Authorities have taken suomoto proceedings holding that the revenue records on which the erstwhile owners of the land bearing Sy.Nos.76/P6 and 76/P17 claiming ownership over the same are said to be fake and fraudulent documents. Consequently, the order of conversion granted in their favour in the aforesaid survey numbers are also fake and accordingly, initiated proceedings before the Special Land Acquisition Officer who is the second respondent in both the 9 petitions. It is stated that the said proceedings is pending consideration before the second respondent. In the meanwhile, the petitioners being put to threat of the property being taken over by the Revenue Authorities in the guise of proceedings being initiated in No.RRT(2)N(A)CR. 15/2010-11. Infact, it is seen some of the petitioners had earlier approached this Court in W.P.No.1953/2014 (KLR-RR/SUR), which is disposed of with certain directions vide order dated 12.03.2015 since the Special Deputy Commissioner and other Revenue Authorities did not adhere to the directions issued therein, these two batch of writ petitions are filed.
3. This Court while dealing with W.P.Nos.47989-90/2017 passed certain orders on 10.11.2017 desisting the Special Deputy Commissioner and Tahsildar of Bengaluru North 10 Additional Taluk taking law into their hands and to implement the order of this Court passed in W.P.No.1953/2014. While doing so, the Special Deputy Commissioner who is common respondent in both the batch of writ petitions filed affidavit with reference to the stage of proceedings in No.RRT(2)N(A)CR. 15/2010-11.
4. In pursuant to the direction of this Court dated 10.11.2017, an affidavit is filed, this day, by Smt.R.Vinothpriya, I.A.S., who is working as Secretary, Karnataka Real Estate Regulatory Authority who is also said to in-charge of Special Deputy Commissioner, Bengaluru Urban District, Bengaluru. The same is taken on record wherein it is stated by her that she will dispose of the aforesaid proceedings in No.RRT(2)N(A)CR. 15/2010-11 within six months from this day. 11
5. Based on the aforesaid undertaking given by the second respondent - Special Deputy Commissioner, both the writ petitions are disposed of with a clear observation that neither the second and third respondents in these two writ petitions nor any other wing of the Government or any other agency claiming any right, shall disturb the peaceful possession of the petitioners with reference to the sites purchased by them in the layout formed in Sy.No.76/P6 and Sy.No.76/P17 of Chikkajala Village, Bengaluru North Additional Taluk until the proceedings in No.RRT(2)N(A)CR. 15/2010-11 is disposed of by the common second respondent in both the petitions.
With the above observations, petitions are disposed of.
It is needless to say that all the parties including the petitioners herein shall participate in 12 the said proceedings and to place on record the material available with them to substantiate their right to the property in question. While doing so, it is further observed that aforesaid RRT proceedings is listed today before second respondent. Petitioners in these writ petitions to ascertain what is the next date of hearing. On that date, if they are interested to participate in the proceedings, they can implead themselves in the said proceedings and participate in the same along with the persons who are already impleaded as parties in No.RRT(2)N(A)CR. 15/2010-11.
Accordingly, these writ petitions are disposed off.
Sd/-
JUDGE dh