Karnataka High Court
Sri M Venkataramaiah S/O ... vs State Of Karnataka on 11 October, 2022
Author: R. Devdas
Bench: R. Devdas
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON' BLE MR.JUSTICE R. DEVDAS
WRIT PETITION NO.24123 OF 2012(LR)
C/W
WRIT PETITION NO.3937/2010 (GM-RES)
WRIT PETITION NO.10017/2010 (GM-RES)
WRIT PETITION NO. 8615/2011 (KLR-RR-SUR)
WRIT PETITION NO.41518/2011 (GM-RES)
WRIT PETITION NO.58596/2015 (KLR-RES)
WRIT PETITION NO.52118/2017 (GM-RES)
WRIT PETITION NO.56154/2017 (GM-RES)
WRIT PETITION NO.14662/2019 (LR)
WRIT PETITION NO.10174/2021(LR)
IN W.P. NO.24123/2012
BETWEEN
1 . THE PRL. SECY. TO GOVT.
DEPARTMENT OF REVENUE,
M S BUILDING,
BANGALORE.
2 . THE DEPUTY COMMISSIONER,
BANGALORE URBAN DISTRICT,
BANGALORE
...PETITIONERS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA)
-2-
AND
1. SAROJAMMA
AGED ABOUT 77 YEARS
W/O LATE K.N.SRINIVASA GUPTA
R/O NO.9, 100 FEET ROAD,
BANASHANKARI 2ND STAGE,
4TH BLOCK
BANGALORE.
2. SRI M S MOHAN KUMAR
AGED ABOUT 60 YEARS
S/O LATE K N SRINIVASA GUPTA
R/O NO.9, 100 FEET ROAD
BANASHANKARI 2ND STAGE
4TH BLOCK
BANGALORE.
3. SRI K S SURENDRA BABU
AGED ABOUT 51 YEARS
S/O LATE K N SRINIVASA GUPTA
R/O NO.9, 100 FEET ROAD
BANASHANKARI 2ND STAGE
4TH BLOCK
BANGALORE.
4. K S VISHWAKIRAN
AGED ABOUT 46 YEARS
S/O LATE K N SRINIVASA GUPTA
R/O NO.9, 100 FEET ROAD
BANASHANKARI 2ND STAGE
4TH BLOCK
BANGALORE.
5. SRI K S SUBBARAJU
AGED ABOUT 46 YEARS
S/O LATE K N SRINIVASA GUPTA
R/O NO.9, 100 FEET ROAD
-3-
BANASHANKARI 2ND STAGE
4TH BLOCK
BANGALORE.
6. SRI R V BHASKAR
S/O LATE RAJA VENKATARAMANA SHETTY
7. SRI R.V. SUDHIR
S/O LATE RAJA VENKATARAMANA SHETTY
8. SRI R V GIRIDHAR
S/O LATE RAJA VENKATARAMANA SHETTY
9. SRI R V SHANKAR
S/O LATE RAJA VENKATARAMANA SHETTY
10 . SRI A MUDALAPPA
S/O LATE RAJA VENKATARAMANAPPA
11. DASEGOWDA (LATE)
AGED ABOUT 54 YEARS
(a) VENKATAMMA 1ST WIFE
(b) KEMPAMMA 2ND WIFE
(c) RANGASWAMY
AGED ABOUT 54 YEARS
(d) VENKATEGOWDA
AGED ABOUT 48 YEARS
(e) BYIRAHANUMEGOWDA
AGED ABOUT 47 YEARS
(f) KEMPEGOWDA
-4-
AGED ABOUT 47 YEARS
(g) RAGHU
AGED ABOUT 41 YEARS
(h) MANJUNATH
AGED ABOUT 38 YEARS
ALL ARE R/O NO.228, MUDDINAPALYA
MAIN ROAD
OPP GOVT SCHOOL
BANGALORE - 560 091.
12 . SRI GANGAPPA
S/O LATE VENKATARAMANAPPA
13 . SRI BYRAPPA
S/O LATE VENKATARAMANAPPA
14 . SMT CHENNAMMA
W/O RANGAPPA
MUDDINAPALYA,
VISHWANEEDAM POST,
MAGADI ROAD,
YESHWANTHPUR HOBLI
BANGALORE 560 091.
15 . THE CHAIRMAN
LAND TRIBUNAL
BANGALORE NORTH TALUK
BANGALORE.
16. RUDRA MURTHY
S/O H S SADASHIVAIAH
AGED ABOUT 60 YEARS
17. CHANDRAN
-5-
S/O LATE NANJUNDAPPA
AGED ABOUT 60 YEARS
18. NARASAPPA
S/O BASAPPA
AGED ABOUT 48 YEARS
19. GANGARAJU
S/O NAGARAJU
AGED ABOUT 48 YEARS
20. MUDDUHAHONNAIAH
S/O JAYANNA
AGED ABOUT 60 YEARS
21. CHANDRAPPA
S/O LATE RAJAPPA
AGED ABOUT 50 YEARS
...RESPONDENTS
(BY SRI A.S.PONNANNA, SR. COUNSEL FOR
SRI. PUNEETH K., & SRI. C. SHIVASHANKAR, ADVS.,
FOR R1 (A-D) & R5; SRI. G.DEVARAJ & SRI. G.H.ARUN,
ADVS., FOR R6 TO R9; SRI. ASHOK K.L., ADV., FOR R10(A-K);
SRI. MITHUN G.A., ADV., FOR R11 (A TO H);
SRI. D.ASHWATHAPPA, ADV., FOR R12 TO R14;
SRI. K.G.RAGHAVAN, SR. COUNSEL FOR SRI. SHRISHAIL A
HUBLI, ADV., FOR R16; SRI. K.SREEDHAR AND
SMT. PUSHPAVATHI M., ADVS., FOR R17 TO R22;
SRI. UDAYA HOLLA, SR. COUNSEL FOR SRI. GANAPATHI BHAT
VAJRALLI, ADV., FOR R23; SRI. K.VIJAYA KUMAR, ADV., FOR
IMPLEADING APPLICANTS/PROPOSED R24 TO R53)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR
RECORDS OF THE KARNATAKA APPELLATE TRIBUNAL, BANGALORE
-6-
NORTH TQ. BANGALORE IN LRF NO.70, 87, 81 & 60/1959-60 AND
ETC.
IN W.P. NO.3937/2010
BETWEEN
KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY
(AN AUTONOMOUS INSTITUTE PROMOTED
BY THE GOVERNMENT OF KARNATAKA)
KADUGONDANAHALLI, ARABIC COLLEGE POST
BANGALORE
REPRESENTED BY ITS DIRECTOR.
...PETITIONER
(BY SRI. A. RAVISHANKAR, ADVOCATE)
AND
1. STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING
VIDHANA VEEDHI
BANGALORE
REPRESENTED BY ITS PRINCIPAL
SECRETARY.
2. SPECIAL DEPUTY COMMISSIONER
BANGALORE CITY DISTRICT
BANGALORE.
3. SRI. M VENKATARAMAIAH
SINCE DECEASED BY HIS LR
V HARISH KUMAR
AGED ABOUT 44 YEARS
S/O LATE M VENKATARAMAIAH
R/AT NO.33, 13TH 'E' STREET
AGRAHARA DASARAHALLI
-7-
MAGADI ROAD
BANGALORE-79.
4. SMT VENKATAMMA
W/O YELLAPPA
AGED ABOUT 85 YEARS
NO.24, 2ND CROSS
2ND MAIN, HOSHALLI
VIJAYANAGAR
BANGALORE
5. Y NAGARAJ
S/O YELLAPPA
AGED ABOUT 61 YEARS
NO.273, VHBS LAYOUT
VIJAYANAGAR
BANGALORE.
6. Y RAMAKRISHNA
SINCE DECEASED, BY HIS LRS
6.(a) R. SOBHA
D/O Y RAMAKRISHNA
AGED ABOUT 37 YEARS
W/O M.C. KESHAVAMURTHY
R/O.11/1, 1ST MAIN
1ST CROSS, VALMIKINAGAR
MYSORE ROAD
BANGALORE - 560 026.
6(b) R.SHARAVATHI
D/O Y. RAMAKRISHNA
AGED ABOUT 35 YEARS
W/O RANGASWAMY
R/O NO. 24, IIND CROSS
IIND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE - 560 032.
-8-
6(c) R. VIJAYKUMAR
S/O Y. RAMAKRISHNA
AGED ABOUT 32 YEARS
R/O NO.24, IIND CROSS
IIND MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE - 560 032.
7. Y. MANJUNATH
S/O YELLAPPA
NO.24, 2ND CROSS
2ND MAIN HOSAHALLI
VIJAYANAGAR
BANGALORE.
8. SUPERINTENDENT OF POLICE
RAMANAGAR DISTRICT
RAMANAGAR
BANGALORE RURAL DIST.
9. COMMISSIONER OF POLICE
O/O THE POLICE COMMISSIONER
BENGALURU - 560 001.
10. SRI. V. HARISH KUMAR
AGED ABOUT 55 YEARS
S/O LATE VENKATARAMAIAH.
11. SMT. B.V. VENKATALAKSHMAMMA
AGED ABOUT 65 YEARS
D/O LATE VENKATARAMAIAH
12. SMT. B.V. PARVATHAMMA
AGED ABOUT 73 YEARS
D/O LATE VENKATARAMAIAH
13. SMT. B.V. CHANDRAMMA
AGED ABOUT 55 YEARS
-9-
D/O LATE VENKATARAMAIAH
14. SMT. B.V. MANJULA
AGED ABOUT 55 YEARS
D/O LATE VENKATARAMAIAH
NO.10 TO 14 ARE R/AT
NO.33, 12TH 'E' CROSS
AGRAHARADASARAHALLI
MAGADI ROAD
BENGALURU - 560 079.
15. SRI. MALLESHKUMAR
S/O LATE LINGAMMA
AGED ABOUT 53 YEARS
16. SMT. LAKSHMI
D/O LATE LINGAMMA
AGED ABOUT 50 YEARS
17. SMT. NANJAMMA
W/O DOLLAIAH
AGED ABOUT 70 YEARS
NO.15 TO 17 ARE R/AT
NO.42, 'E' 42, 2ND CROSS
GOPALAPURA, MAGADI ROAD
BENGALURU - 560 023.
18. SRI. H. DAYAKAR
S/O LATE HANUMAIAH
AGED ABOUT 70 YEARS
19. SRI. H. JANARDHAN
S/O LATE HANUMAIAH
AGED ABOUT 62 YEARS
-10-
20. SRI. H. RAMACHANDRA
S/O LATE HANUMAIAH
AGED ABOUT 60 YEARS
21. SRI. H. CHANDRASHEKAR
S/O LATE HANUMAIAH
AGED ABOUT 53 YEARS
SL.NO.18 TO 21 ARE
R/AT ULLALU VILLAGE
YESHWANTHPURA HOBLI
BENGALURU NORTH TALUK - 560 056.
22. SRI. GOVINDA
S/O LATE THIMMAIAH
AGED ABOUT 72 YEARS
23. SRI. VENKATAPPA
S/O LATE THIMMAIAH
AGED ABOUT 60 YEARS
24. SRI. DAYANANDA
S/O LATE THIMMAIAH
AGED ABOUT 50 YEARS
SL.NO.22 TO 24 ARE
R/AT NO.13, 'E' STREET, 2ND CROSS
GOPALAPURA, BENGALURU - 560 023.
25. SRI. D. KRISHNA MURTHY
S/O LATE DASAPPA
AGED ABOUT 45 YEARS
26. SRI. D. LOKESH
S/O LATE DASAPPA
AGED ABOUT 40 YEARS
-11-
27. SRI. D. MANJUNATH
S/O LATE DASAPPA
AGED ABOUT 37 YEARS
28. SRI. D. PRAKASH
S/O LATE DASAPPA
AGED ABOUT 35 YEARS
29. SMT. SARASWATHI
D/O LATE GOVINDA
AGED ABOUT 55 YEARS
SL.NO.25 TO 29 ARE
R/AT NO.20, 'E' STREET
2ND CROSS, GOPALAPURA
MAGADI ROAD
BENGALURU - 560 023.
30. SRI. ANAND MURTHY
S/O LATE PUTTAIAH
AGED ABOUT 48 YEARS
31. SMT. LAKSHMI
D/O LATE PUTTAIAH
AGED ABOUT 42 YEARS
32. SMT. LAKSHMAMMA
D/O LATE PUTTAIAH
AGED ABOUT 38 YEARS
33. SMT. KOMALA
D/O LATE PUTTAIAH
AGED ABOUT 33 YEARS
SL.NO.30 TO 33 ARE
R/AT NO.11, 'E' STREET
7TH CROSS, GOPALAPURA
MAGADI ROAD
-12-
BENGALURU - 560 023.
34. SRI. SHANKARA
S/O LATE MALLAIAH
AGED ABOUT 60 YEARS
35. SRI. BALACHANDRA
S/O LATE MALLAIAH
AGED ABOUT 53 YEARS
36. SRI. NARASIMHA RAJU
S/O LATE MALLAIAH
AGED ABOUT 46 YEARS
37. SMT. PADMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 48 YEARS
38. SMT. HEMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 43 YEARS
39. SRI. NAGARAJ
S/O LATE MALLAIAH
AGED ABOUT 56 YEARS
SL.NO.34 TO 39 ARE
R/AT NO.6, 'B' STREET, 2ND CROSS
GOPALAPURA, MAGADI ROAD
BENGALURU - 560 023.
ALL ARE REPRESENTED BY THEIR
REGISTERED GENERAL POWER OF
ATTORNEY HOLDER
SRI.R. CHANDRU
S/O LATE RAMAPPA
AGED ABOUT 58 YEARS
-13-
R/AT NO.204, 2ND FLOOR
ABUJA CHAMBERS NO.1
KUMARAKRUPA ROAD
BENGALURU - 560 001.
...RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI MADESHWARAN C.N., AGA FOR R1, R2, R8 & R9.
SRI. UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR R3
SRI. K.G. RAGHAVAN SENIOR COUNSEL FOR
SRI. SHRISHAIL A HUBLI, ADVOCATE FOR R3(A) TO R7
SRI. A VIJAYA KUMAR, ADVOCATE FOR R10 TO R39)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
NO.RD 589 LJB 2007 DATED 28.01.2010 VIDE ANNEXURE 'W' IN
SO FAR AS THE ORDER/DIRECTION RELATING TO THE
PETITIONERS LAND ONLY, PASSED BY THE FIRST RESPONDENT BY
ISSUE OF WRIT IN THE NATURE OF CERTIORARI OR IN THE
ALTERNATIVE, PASS SUCH OTHER ORDER/S AS THIS HON'BLE
COURT DEEM FIT TO PASS ON THE FACTS AND IN THE
CIRCUMSTANCES OF THE CASE AND ETC.
IN W.P. NO.10017/2010
BETWEEN
1. SRI. M. VENKATARAMAIAH
S/O MUDALAGIRIYAPPA
SINCE DECEASED BY HIS LR
V HARISH KUMAR
AGED ABOUT 44 YEARS
S/O LATE M VENKATARAMAIAH
R/AT NO.33, 13TH 'E' STREET
AGRAHARA DASARAHALLI
-14-
MAGADI ROAD
BANGALORE- 560 079.
2. SMT. VENKATAMMA
W/O LATE SRI YELLAPPA
AGED ABOUT 85 YEARS
R/O NO.24, 2ND CROSS, 2ND MAIN,
VIJAYANAGARA
BANGALORE.
(DELETED AS PER V/O DATED:01.07.2014)
3. Y. NAGARAJ
S/O LATE YELLAPPA
AGED ABOUT 61 YEARS
R/O NO.273, VBHS LAYOUT
VIJAYANAGAR
BANGALORE - 560 040.
4. Y. RAMAKRISHNA
SINCE DECEASED
4(a) R. SHOBHA
AGED ABOUT 37 YEARS
W/O M.C. KESHVAMURTHY
R/O.11/1, 1ST MAIN, 1ST CROSS
VALMIKINAGAR
MYSORE ROAD
BANGALORE - 560 026.
4(b) R. SHARAVATHI
AGED ABOUT 35 YEARS
W/O RANGASWAMY
R/O NO.24, IIND CROSS
IIND MAIN, HOSAHALLI
VIJAYANAGAR
BANGALORE - 560 032.
-15-
4(c) R. VIJAYKUMAR
AGED ABOUT 32 YEARS
S/O RAMKRISHNA
R/O NO.24, IIND CROSS
IIND MAIN, HOSAHALLI
VIJAYANAGAR
BANGALORE - 560 032.
5. Y. MANJUNATH
AGED ABOUT 47 YEARS
S/O LATE SRI YELLAPPA
R/O NO.24, 2ND CROSS
2ND MAIN, VIJAYANAGAR
BANGALORE - 560 040
...PETITIONERS
(BY SRI. K.G. RAGHAVAN, SR. COUNSEL FOR
SRI. SHRISHAIL A HUBLI, ADVOCATE)
AND
1. STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE - 560 001.
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT OF KARNATAKA
M S BUILDING
DR AMBEDKAR VEEDHI
BANGALORE - 560 001.
3. KARNATAKA INSTITUTE OF
LEATHER TECHNOLOGY
KADUGONDANAHALLLI
ARABIC COLLEGE POST
-16-
BANGALORE - 560045
BY ITS DEVELOPMENT OFFICER.
...RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R1 & R2;
SRI. A. RAVISHANKAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DATED:22.02.2010, VIDE ANNX-X PASSED BY THE R1; DIRECT THE
R2 TO TAKE NECESSARY STEPS TO IMPLEMENT THE ORDER VIDE
ANN-Q PASSED BY HIM AND ETC.
IN W.P. NO. 8615 OF 2011
BETWEEN
1. SRI. K.S. SURENDRA BABU
AGED ABOUT 52 YEARS
S/O LATE K.N. SRINIVASA GUPTA
2. SRI. K.S. VISWAKIRAN
AGED ABOUT 48 YEARS
S/O LATE K.N. SRINIVASA GUPTA
3. SRI. K.S. SUBBARAJU
AGED ABOUT 45 YEARS
S/O LATE K.N. SRINIVASA GUPTA
ALL ARE R/AT NO.347/B
10TH MAIN, 2ND CROSS
2ND BLOCK, BSK 1ST CROSS
BANGALORE.
...PETITIONERS
(BY SRI. A.S. PONNANNA, SENIOR COUNSEL FOR
SRI. SHIVASHANKAR C., AND SRI. PUNEETH K., ADVOCATES)
-17-
AND
1. THE SPECIAL TAHSILDAR
BANGALORE NORTH TALUK
K.G. ROAD
BANGALORE
2. MR. Y MANJUNATHA
S/O YELLAPPA
AGED ABOUT 59 YEARS
R/AT NO.24, 2ND CROSS
2ND MAIN, HOSAHALLI
VIJAYANAGAR
BANGALORE - 560 040.
3. THE STATE OF KARNATAKA
REVENUE DEPARTMENT
BY ITS REVENUE SECRETARY
M.S BUILDING
AMBEDKAR VEEDHI
BANGALORE - 560 001.
...RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R1 & R2;
SRI. UDAYA HOLLA, SENIOR COUNSEL FOR
SRI. GANAPATHI BHAT VAJRALLI, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO ISSUE A WRIT OF
MANDAMUS DIRECTING THE RESPONDENT TO CONSIDER THE
REPRESENTATION DATED:30.06.2010 OF THE PETITIONERS
JOINTLY IN THE REVENUE RECORDS WITH RESPECT OF THE LAND
BEARING SURVEY NO.199 TO AN EXTENT OF 40 ACRES SITUATED
AT HULLALU VILLAGE YESWANTHPUR HOBLI, BANGALORE NORTH
-18-
TALUK, BANGALORE, BY TAKING NECESSARY FEES LIKELY TO BE
INCURRED TOWARDS THE SAME IN THE INTEREST OF JUSTICE
AND EQUITY AND ETC.
IN W.P. NO.41518 OF 2011
BETWEEN
1. SMT PUTTULAKSHMAMMA
W/O LATE MARISWAMY
AGED ABOUT 51 YEARS
2. SMT M SUDHA
D/O LATE MARISWAMY
AGED ABOUT 32 YEARS
3. SRI M. HARISH
S/O LATE MARISWAMY
AGED ABOUT 31 YEARS
4. SRI M. ARUN
S/O LATE MARISWAMY
AGED ABOUT 28 YEARS
ALL R/A NO.36, ULLAL MAIN ROAD
OPPOSITE TO ULLAL LAKE
BANGALORE - 560 001.
...PETITIONERS
(BY SRI. BYREGOWDA N., ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BANGALORE-560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
-19-
K G ROAD
BANGALORE- 560 001.
3. KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY
(A GOVERNMENT OF KARNATAKA UNDERTAKING)
KADUGONDANAHALLI
ARABIC COLLEGE POST
BANGALORE- 560 045
BY ITS DEVELOPMENT OFFICER.
...RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R1 & R2;
SRI. A. RAVISHANKAR, ADVOCATE FOR R3)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
DECISION OF THE CHIEF SECRETARY, GOVT OF KARNATAKA
PASSED ON 22.02.2010 VIDE ANNX-H; DIRECT THE REVENUE
AUTHORITIES TO ENTER THE NAME OF THE PURCHASERS FROM
THE REGRANTEE AND THEIR SUCCESSORS IN INTEREST IN
RESPECT OF SY NO.199 OF ULLAL VILLAGE, YESHWANTHPUR
HOBLI, BANGALORE NORTH TALUK AND ETC.
IN W.P. NO.58596 OF 2015 (KLR-RES)
BETWEEN
SRI. K.S. SUBBARAJU
S/O. LATE K.N. SRINIVASA GUPTA,
AGED ABOUT 52 YEARS,
R/AT NO.347/B,
10TH MAIN ROAD,
2ND BLOCK, 2ND CROSS,
B.S.K. 1ST STAGE,
BANGALORE-560 050.
...PETITIONER
(BY SRI. ARNAV A BAGALWAD, ADVOCATE)
-20-
AND
1. SRI. VENKATARAMANAPPA @ DODDANNA BY HIS LRS
1(a) SRI. DASAIGOWDA
S/O. LATE VENKATRAMANAPPA
AGED ABOUT 65 YEARS
1(b) SMT. CHENNAMMA
W/O. LATE RANGAPPA
AGED ABOUT 65 YEARS
1(c) SRI. BYRAPPA
S/O.LATE VENKATARAMANAPPA,
AGED ABOUT 53 YEARS,
1(d) SRI. GANGAPPA
S/O.LATE VENKATARAMANAPPA,
AGED ABOUT 51 YEARS,
ALL THE ABOVE ARE
R/AT MUDDENAPALYA VILLAGE,
VISHWA NEEDHAM ANCHE
YESHWANTHPUR HOBLI,
BANGALORE NORTH TALUK.
2. SMT. NAGARATHNAMMA BY HER LR'S
2a) SRI. BHASKAR
S/O LATE VENKATACHALAPATHI
AGED MAJOR
2b) SRI SRIDHAR RV
S/O LATE VENKATACHALAPATHI
AGED MAJOR
2c) SRI. GINDAR R.V.
S/O LATE VENKATACHALAPATHI
-21-
AGED MAJOR
2d) SRI. SHANKAR R.V
S/O LATE VENKATACHALAPATHI
AGED MAJOR
ALL THE ABOVE ARE R/AT
NO.37/55
SURVEYAR ROAD
BASAVANAGUDI
BANGALORE - 560 004.
2e) SRI. RAJA SATISH
S/O LATE GOVINDANJU
AGED MAJOR
R/AT NO.2 AND 5
45TH CROSS, 8TH BLOCK
JAYANAGAR
BANGALORE - 560 082.
3. STATE OF KARNATAKA
REVENUE DEPARTMENT
REPRESENTED BY ITS SECRETARY
AMBEDKAR VEEDHI
BANGALORE - 01
4. SRI. DALIMUNIYAPPA
S/O MUNIOBALAPPA
AGED ABOUT 62 YEARS
R/AT ULLAL VILLAGE
YESHWANTHPUR HOBLI
BANGALORE NORTH TALUK.
5. SRI LAKSHIMINARASHIMHA
W/O SHIVANNA,
AGED ABOUT 56 YEARS,
R/AT NO. 24, 2ND CROSS,
2ND MAIN, VIJAYANAGAR
BANGALORE - 560 040.
-22-
6. SRI. HARISH KUMAR
S/O LATE VENKATARAMAIAH
AGED ABOUT 45 YEARS
7. SMT. B.V.VENKATALAKSHMMA
D/O LATE VENKATARAMAIAH,
AGED ABOUT 65 YEARS,
8. SMT. B.V.PARVATHAMA
D/O LATE VENKATARAMAIAH,
AGED ABOUT 63 YEARS,
9. SMT. B.V.CHANDRAMMA
D/O LATE VENKATARAMAIAH,
AGED ABOUT 60 YEARS,
10. SMT. B.V.RATHNAMMA
D/O LATE VENKATARAMAIAH,
AGED ABOUT 67 YEARS
11. SMT. B.V.MANJULA
D/O LATE VENKATARAMAIAH,
AGED ABOUT 45 YEARS
ABOVE 6 TO 11 ALL ARE
R/AT NO. 33, 12E CROSS,
AGRAHARA DASARAHALLI,
MAGADI ROAD, BANGALORE.
12. SRI KRISHNAMURTHY
S/O LATE LINGAMMA,
AGED ABOUT 45 YEARS
13. SRI MALESHKUMAR
S/O LATE LINGAMMA
AGED ABOUT 47 YEARS
-23-
14. SMT. MAHADEVAMMA
D/O LATE LINGAMMA
AGED 40 YEARS
15. SMT. LAKSHMI
D/O LINGAMMA
AGED ABOUT 40 YEARS
16. SMT. NANJAMMA
W/O LATE DELLAIYA,
AGED ABOUT 60 YEARS
ABOVE 12 TO 16, ALL ARE
R/AT NO.E-42, 2ND CROSS,
GOPALPUR, MAGADI ROAD,
BANGALORE-560 020.
17. SRI. H. DAYAKAR
S/O LATE HANUMAIAH
AGED ABOUT 60 YEARS
18. SRI. H. JANARDHANA
S/O LATE HANUMAIAH
AGED ABOUT 58 YEARS
19. SRI. H. RAMACHANDRA
S/O LATE HANUMAIAH
AGED ABOUT 52 YEARS
20. SRI. H. CHANDRASHEKAR
S/O LATE HANUMAIAH
AGED ABOUT 43 YEARS
21. SRI. H. CHANDRAKEERTHI
S/O LATE HANUMAIAH
AGED ABOUT 38 YEARS
ABOVE 17 TO 21 ARE R/AT
ULLAL VILLAGE
-24-
YESHWANTHPUR
BANGALORE NORTH TALUK
22. SMT. VENKATAMMA
W/O LATE YELLAPPA
AGED ABOUT 78 YEARS
23. SRI. Y. NAGARAJ
S/O LATE YELLAPPA
AGED ABOUT 61 YEARS
24. SRI. Y. RAMAKRISHNA
S/O LATE YELLAPPA
AGED ABOUT 58 YEARS
25. SRI.Y. MANJUNATH
S/O LATE YELLAPPA,
AGED ABOUT 50 YEARS
ABOVE 22 TO 25 ARE R/AT
NO.24, 2ND CROSS, 2ND MAIN
VIJAYNAGAR, BANGALORE-560040.
26. SRI. GOVINDAPPA
SRI. S/O LATE THIMMAIAH
AGED ABOUT 62 YEARS,
27. SRI. RAMAKRISHNA
S/O LATE THIMMAIAH
AGED ABOUT 60 YEARS
28. SRI. VENKATAPPA
S/O LATE THIMMAIAH
AGED ABOUT 50 YEARS
29. SRI. DAYANAND
S/O LATE THIMMAIAH
AGED ABOUT 40 YEARS
-25-
ABOVE 22 TO 29, ALL R/AT
NO.13, E-ROAD, 2ND CROSS,
GOPALPURA, BANGALORE-23.
30. SRI D MURTHY
S/O LATE DASAPPA
AGED ABOUT 38 YEARS
31. SRI D KRISHNAMURTHY
S/O LATE DASAPPA
AGED ABOUT 35 YEARS
32. SRI D GOVINDARAJU
S/O LATE DASAPPA
AGED ABOUT 32 YEARS
33. SRI D LOKESH
S/O LATE DASAPPA
AGED ABOUT 30 YEARS
34. SRI D MANJUNATH
S/O LATE DASAPPA
AGED ABOUT 27 YEARS
35. SRI D PRAKASH
S/O LATE DASAPPA
AGED ABOUT 25 YEARS
36. SMT BHAGYAMMA
D/O LATE DASAPPA,
AGED ABOUT 40 YEARS
37. SMT PARVATHAMMA
D/O LATE DASAPPA
AGED ABOUT 45 YEARS
38. SMT SARASWATHI
D/O LATE DASAPPA
AGED ABOUT 45 YEARS
-26-
ABOVE 31 TO 38, ALL ARE R/AT
NO. E-ROAD, 2ND CROSS, GOPALAPURA
MAGADI ROAD, BANGALORE-560 023
39. SMT PARVATHAMMA
W/O LATE PUTTAIAH
AGED ABOUT 68 YEARS
40. SRI NARASIMHAMURTHY
S/O LATE PUTTAIAH
AGED ABOUT 50 YEARS
41. SRI ANANDAMURTHY
S/O LATE PUTTAIAH
AGED ABOUT 38 YEARS
42. SMT LAKSHMI
D/O LATE PUTTAIAH
AGED ABOUT 32 YEARS
43. SRI LAKSHMAN
S/O LATE PUTTAIAH
AGED ABOUT 28 YEARS
44. SMT KOMALA
S/O LATE PUTTAIAH
AGED ABOUT 23 YEARS
ABOVE 39 TO 44, ALL ARE
R/AT NO.11, E-ROAD, 7TH CROSS,
GOPALAPURA, MAGADI ROAD,
BANGALORE-560020.
45. SRI NARASIMHA MURTHY
S/O LATE MALLAIAH
AGED ABOUT 60 YEARS
46. SRI SHANKAR
-27-
S/O LATE MALLAIAH
AGED ABOUT 60 YEARS
47. SRI BALACHANDRA
S/O LATE MALLAIAH
AGED ABOUT 43 YEARS
48. SRI NARASIMHARAJU
S/O LATE MALLAIAH
AGED ABOUT 36 YEARS
49. SMT PADMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 38 YEARS
50. SMT HEMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 33 YEARS
51. SRI NAGARAJ
S/O LATE MALLAIAH
AGED ABOUT 46 YEARS
ABOVE 45 TO 51, ALL ARE
R/AT NO.6, B-ROAD, 2ND CROSS,
GOPALAPURA, MAGADI ROAD,
BANGALORE-560023.
FROM ABOVE 4 TO 51 ALL ARE
REPRESENTED BY ITS GPA HOLDER,
SRI.R.CHANDRA,
S/O LATE RAMAPPA,
AGED ABOUT 49 YEARS,
R/AT NO.204, 2ND PHASE,
AHUJA CHAMBERS, NO.1,
KUMARAKRUPA ROAD,
BANGALORE-560001.
-28-
52. SMT. PUTTALAKSHAMMA
W/O LATE MARISWAMY
AGED ABOUT 51 YEARS
53. SMT M SUDHA
D/O LATE MARISWAMY
AGED ABOUT 32 YEARS
54. SRI M HARISH
S/O LATE MARISWAMY
AGED ABOUT 31 YEARS
55. SRI M ARUN
S/O LATE MARISWAMY,
AGED ABOUT 31 YEARS
FROM ABOVE 52 TO 55 ALL ARE
R/AT NO.36, ULLAL MAIN ROAD,
ULLAL LAKE OPPOSITE,
BANGALORE-560056.
56. SRI. GANGAVENKATAIAH
S/O HUSSAIANAPPA
AGED ABOUT 73 YEARS
R/AT NO.199, ULLALA UPANAGARA
YESHWANTHPUR HOBLI
BANGALORE NORTH TALUK.
...RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R3;
SRI. MITHUN G.A, ADVOCATE FOR R1(ATO D)
SRI. B.M. ARUN, ADVOCATE FOR R2(A)
SRI. K. VIJAYA KUMAR, ADVOCATE FOR R6 TO R13,
R15 TO R21, R26, R28, R29, R31 TO R35, R37, R38,
R41 TO R44, R46 TO R51
SRI. UDAYA HOLLA, SR. COUNSEL FOR
SRI. GANAPATHI BHAT VAJRAHALLI, ADVOCATE FOR R25
-29-
SRI. ABHINAY Y.T., & SRI. BYREGOWDA, ADVOCATE
FOR R52 TO R55
SMT. SADHANA DESAI, ADVOCATE FOR R56
V/O DT. 17.08.2021 SERVICE OF NOTICE TO
R27, R30 & R36 IS HELD SUFFICIENT AND
THE PETIITONER ABATES IN RESPECT OF R5, R22 & R24.
R2(B) TO R2(E) AND R4, R14, R39, R40, R45
SERVED-UN REPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE
IMPUGNED ORDERS DATE 01.06.2015 VIDE ANNEXURE-E1 PASSED
BY THE KARNATAKA APPELLANT TRIBUNAL IN APPEAL NO.121/1978
AND SET ASIDE THE IMPUGNED ORDERS DATE 30.06.2015 VIDE
ANNEXURE-E2 PASSED BY THE KARNATAKA APPELLANT TRIBUNAL
IN APPEAL NO.121/1978 AND ETC.
IN W.P. NO. NO.52118/2017
BETWEEN
1. Y MANJUNATH
S/O LATE SRI. YELLAPPA
R/O NO.24, 2ND CROSS
2ND MAIN, VIJAYANAGARA
BENGALURU-560040
...PETITIONER
(BY SRI. K.G. RAGHAVAN, SR. COUNSEL FOR
SRI. SHRISHAIL A HUBLI, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS CHIEF SECRETARY
VIDHANA SOUDHA
BENGALURU-560001
-30-
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT OF KARNATAKA
M S BUILDING
DR AMBEDKAR VEEDI
BENGALURU-560001
3. THE SECRETARY AND COMMISSIONER
DEPARTMENT OF HOME
VIDHANA SOUDHA
BENGALURU-560001
4. THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE
NRUPATHUNGA ROAD
BENGALURU-560001
5. THE JOINT COMMISSIONER
C. A. R. WEST
INFANTRY ROAD
BENGALURU-560001
6. RUDRA MURTHY
S/O H S SADASHIVAIAH
AGED ABOUT 60 YEARS
7. CHANDRAN
S/O LATE NANJUNDAPPA
AGED ABOUT 60 YEARS
8. NARSAPPA
S/O BASAPPA
AGED ABOUT 48 YEARS
9. GANGARAJU
S/O NAGARAJU
AGED ABOUT 48 YEARS
-31-
10. MUDDUHAHONNAIAH
S/O JAYANNA
AGED ABOUT 60 YEARS
11. CHANDRAPPA
S/O LATE RAJAPPA
AGED ABOUT 50 YEARS
ALL ARE R/O HULLALU UPA NAGARA,
HULLALU, YESHWANTHPUR HOBLI
BENGALURU NORTH TALUK,
BENGALURU URBAN DISTRICT
....RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R1 TO R5
SRI. K. SREEDHAR, ADVOCATE FOR R6 TO R11)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER
DTD.11.10.2017 PASSED BY THE R-1 VIDE ANNEX-Y AND ETC.
IN W.P. NO. NO. 56154/2017
BETWEEN
1 . M. RAJARAJESHWARI
W/O LATE M.S.MOHAN KUMAR,
AGED 69 YEARS,
R/AT NO.54/4, SRI VASAVI BHAVAN,
JEEVANANDAM STREET,
RAGHUPATHI NAYAKAN PALYAM,
ERODE, TAMILNADU-638002
2 . K.S.SUBBARAJU
S/O LATE K.N.SRINIVASA GUPTA,
AGED 51 YEARS,
-32-
R/AT. NO.485, 2ND CROSS, 2ND BLOCK,
BANASHANKARI 1ST STAGE,
BENGALURU-560050
...PETITIONERS
(BY SRI. A.S. PONNANNA, SR. COUNSEL FOR
SRI. PUNEETH K & SRI SHIVASHANKAR C, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
VIDHANA SOUDHA,
BENGALURU-560001
REP. BY ITS CHIEF SECRETARY
2. THE PRINCIPAL SECRETARY
DEPARTMENT OF REVENUE
GOVERNMENT OF KARNATAKA
M.S.BUILDING,
DR. AMBEDKAR VEEDI,
BENGALURU-560001
3. THE SECRETARY AND COMMISSIONER
DEPARTMENT OF HOME
VIDHANA SOUDHA
BENGALURU-560001
4. THE DIRECTOR GENERAL AND
INSPECTOR GENERAL OF POLICE,
NRUPATHUNGA ROAD,
BENGALURU-560001
5. THE JOINT COMMISSIONER
C.A.R. WEST, INFANTRY ROAD,
BENGALURU560001.
6. THE POLICE HOUSING AND INFRASTRUCTURE
DEVELOPMENT CORPORATION,
-33-
NO.59, RICHMOND ROAD,
BENGALURU-560025
REP. BY ITS MANAGING DIRECTOR.
7. MR. Y. MANJUNATH
S/O YELLAPPA
AGED ABOUT 59 YEARS
R/A NO.24, II CROSS,
II MAIN, HOSAHALLI
VIJAYANAGAR, BANGALORE-560040.
....RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R1 TO R5
SMT. MANEESAH KANGOVI, ADVOCATE FOR R6
SRI. K.G. RAGHAVAN, SR. COUNSEL FOR
SRI. SHRISHAIL A HUBLI, ADVOCATE FOR R7
SRI. K. VIJAYA KUMAR, ADVOCATE FOR
PROPOSED APPLICANTS/RESPONDENTS 8 TO 37)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH ORDER DTD
11.10.2017 BY R-1 VIDE ANNX-R AND ETC.
IN W.P. NO.14662 /2019
BETWEEN
KARNATAKA INSTITUTE OF LEATHER TECHNOLOGY
(STATE GOVERNMENT ORGANIZATION
UNDER I&C DEPARTMENT &
DIRECTORATE OF TECHNICAL EDUCATION)
ULLAL UPANAGAR, NEAR BMTC BUS STOP
BANGALORE-560 110
REPRESENTED BY ITS DIRECTOR
-34-
BENGALURU CITY.
.....PETITIONER
( BY SRI. RAVISHANKAR A., ADVOCATE)
AND
1. STATE OF KARNATAKA
REVENUE DEPARTMENT
VIKASA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU 560 001,
REPRESENTD BY ITS PRINCIPAL SECRETARY
2. SRI. VENKATARAMANAPPA @ DODDANNA,
S/O LATE HANUMADASAPPA
SINCE DECEASED BY HIS LRS
a. SRI DASEGOWDA,
S/O LATE VENKATARAMANAPPA
AGED ABOUT 68 YEARS
SINCE DEAD BY LR'S
1. SRI. RANGASWAMY
AGED 54 YEARS
S/O LATE DASEGOWDA
2. SRI. VENKATEGOWDA
AGED 48 YEARS
S/O LATE DASEGOWDA
3. SRI. BYRA HANUMEGOWDA
AGED 47 YEARS
S/O LATE DASEGOWDA
4. SRI. KEMPEGOWDA
AGED 47 YEARS
S/O LATE DASEGOWDA
-35-
5. SRI. RAGHU
AGED 40 YEARS
S/O LATE DASEGOWDA
6. SRI. MANJU
AGED 38 YEARS
S/O LATE DASEGOWDA
ALL ARE R/AT
NO.228, OPP. GOVERNMENT SCHOOL
MUDDINAPALYA, BANGALORE NORTH
BENGALURU-560091
b. SMT. CHANNAMMA
D/O LATE VENKATARAMANAPPA
W/O LATE RANGAPPA
AGED ABOUT 68 YEARS
c. SRI BYRAPPA
S/O LATE VENKATARAMANAPPA
AGED ABOUT 56 YEARS
d. SRI GANGAPPA
S/O LATE VENKATARAMANAPPA
AGED ABOUT 54 YEARS
THE LEGAL HEIRS OF RESPONDENT NO.2(a) TO (d)
HEREIN ARE R/AT MUDDANAPALYA VILLAGE,
VISHWANEEDHAM POST
YESHWANTHAPURA HOBLI,
BENGALURU NORTH TALUK-560091.
3. SMT. NAGARATHNAMMA
W/O RAJA VENKATARAMA SHETTY
SINCE DECEASED BY HER LRS
a. SRI BHASKAR R V
-36-
S/O LATE VENKATA CHALAPATHI
MAJOR
b. SRI SHRIDHAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
c. SRI GIRIDHAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
d. SRI SHANKAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
THE LEGAL HEIRS OF RESPONDENTS NO.3(a) TO (d)
HEREIN ARE RESIDING AT NO.37/55
SURVEYOR ROAD, BASAVANAGUDI
BENGALURU-560004
e. SRI RAJA SATISH
S/O LATE GOVINDARAJU
MAJOR
RESIDING AT NO.214, 45TH CROSS
8TH BLOCK, JAYANAGAR
BENGALURU-560082
4. SRI DALI MUNIYAPPA
S/O MUNI OBLAPPA
AGED ABOUT 65 YEARS,
RESIDING AT ULLAL VILLAGE,
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK-560110
5. SMT LAKSHMI NARASAMMA
W/O SHIVANNA
-37-
AGED ABOUT 59 YEARS,
RESIDING AT NO.24, 2ND CROSS,
2ND MAIN, VIJAYANAGAR
BENGALURU-560 040
6. SRI HARISH KUMAR
S/O LATE VENKATARAMAIAH
AGED ABOUT 48 YEARS,
7. SMT B V VENKATALAKSHMAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 68 YEARS
8. SMT B PARVATHAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 66 YEARS
9. SMT B V CHANDRAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 63 YEARS
10 . SMT B V RATHNAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 60 YEARS
11 . SMT B V MANJULA
D/O LATE VENKATARAMAIAH
AGED ABOUT 48 YEARS
THE RESPONDENTS NO.6 TO 11 HEREIN
ARE RESIDING AT NO.33, 12TH E CROSS,
MAGADI ROAD, BENGALURU-560 023
12 . SRI KRISHNA MURTHY
S/O LATE LINGAMMA
AGED ABOUT 48 YEARS
-38-
13. SRI MALLESH KUMAR
S/O LATE LINGAMMA
AGED ABOUT 50 YEARS
14. SMT MAHADEVAMMA
D/O LATE LINGAMMA
AGED ABOUT 50 YEARS
SINCE DEAD BY LRS
1. SOWMYA
AGED ABOUT 22 YEARS
D/O LATE MAHADEVAMMA
2. NARAYANASWAMY
AGED ABOUT 21 YEARS
S/O LATE MAHADEVAMMA
BOTH ARE R/AT NO.E 42, 2ND CROSS,
GOPALAPURA
MAGADI ROAD,
BENGALURU - 560023
15. SMT LAKSHMI
D/O LATE LINGAMMA
AGED ABOUT 43 YEARS
16 . SMT NANJAMMA
W/O DOLLAIAH
AGED ABOUT 63 YEARS
SL. NO.12 TO 16 ARE R/AT
NO E 42, 2ND CROSS, GOPALAPURA
MAGADI ROAD, BENGALURU - 560023
17 . SRI H DAYAKAR
S/O LATE HANUMAIAH
-39-
AGED ABOUT 63 YEARS
18 . SRI H JANARDHAN
S/O LATE HANUMAIAH
AGED ABOUT 63 YEARS
19 . SRI RAMACHANDRA
S/O LATE HANUMAIAH
AGED ABOUT 55 YEARS
20 . SRI H CHANDRASHEKAR
S/O LATE HANUMAIAH
AGED ABOUT 46 YEARS
21 . SRI H CHANDRAKEERTHI
S/O LATE HANUMAIAH
AGED ABOUT 41 YEARS
SL. NO. 17 TO 21 ARE
RESIDING AT ULLALU VILLAGE
YESWANTHAPURA HOBLI,
BENGALURU NORTH TALUK -560110
22 . SMT VENKATAMMA
W/O LATE YELLAPPA
AGED ABOUT 81 YEARS
SINCE DEAD BY LRS
22(a) SRI. MANJUNATH
AGED ABOUT 36 YEARS
S/O VENKATAMMA
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR
BENGALURU-560040.
23. SRI Y NAGARAJU
-40-
S/O LATE YELLAPPA
AGED ABOUT 64 YEARS
SINCE DEAD BY LRS
23(a). SMT. SHASHIKALA
AGED ABOUT 45 YEARS
D/O Y. NAGARJU
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
23(b). SMT. VEDHA
AGED ABOUT 43 YEARS
D/O Y. NAGARJU
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
23(c). SMT. CHAMPA
AGED ABOUT 41 YEARS
D/O Y. NAGARJU
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
23(d). SRI. AJAY
AGED ABOUT 40 YEARS
D/O Y. NAGARJU
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
24. SRI Y RAMAKRISHNA
-41-
S/O LATE YELLAPPA
AGED ABOUT 61 YEARS
SINCE DEAD BY LRS
24(a). SMT. SHOBHA
AGED ABOUT 47 YEARS
D/O Y. RAMAKRISHNA
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
24(b). SMT. SHARAVATHI
AGED ABOUT 45 YEARS
D/O Y. RAMAKRISHNA
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
24(c). SRI. VIJAYKUMAR
AGED ABOUT 41 YEARS
D/O Y. RAMAKRISHNA
R/AT NO.24, 2ND CROSS,
2ND MAIN, HOSAHALLI COLONY
NEAR PLAGUE MARAMMA TEMPLE
VIJAYANAGAR BENGALURU-560040.
25. SRI. Y. MANJUNATHA
S/O LATE YELLAPPA
AGED ABOUT 53 YEARS
RESIDING AT NO 24,
2ND CROSS,
2ND MAIN,
VIJAYANAGAR
BENGALURU - 560040
-42-
SL. NOS. 22 TO 25 ARE
RESIDING AT NO 24,
2ND CROSS, 2ND MAIN,
VIJAYANAGAR
BENGALURU - 560040
26 . SRI. GOVINDA
S/O LATE THIMMAIAH
AGED ABOUT 65 YEARS
27. SRI RAMAKRISHNA
S/O LATE THIMMAIAH
AGED ABOUT 59 YEARS
SINCE DEAD BY LRS
1. SRINIVASA
AGED ABOUT 35 YEARS
S/O RAMAKRISHNA
R/AT NO.04, D STREET
2ND CROSS, GOPALPURA
MAGADI ROAD
BENGALURU-560023.
28 . SRI VENKATAPPA
S/O LATE THIMMAIAH
AGED ABOUT 53 YEARS
29 . SRI DAYANANDA
S/O LATE THIMMAIAH
AGED ABOUT 43 YEARS
SL. NOS. 26 TO 29 ARE R/AT NO 13,
E STREET, 2ND CROSS,
GOPALAPURA, BENGALURU - 560023
30 . SRI. D.MURTHY
-43-
S/O LATE DASAPPA
AGED ABOUT 41 YEARS
SINCE DEAD BY LRS
1. BHAGYAMMA
AGED ABOUT 63 YEARS
W/O LATE SRI. D. MURTHY
2. RAVI
AGED ABOUT 35 YEARS
S/O LATE SRI. D. MURTHY
BOTH ARE RESIDING AT NO 11,
E STREET, 2ND CROSS,
GOPALAPURA, MAGADI ROAD,
BENGALURU - 560023
31 . SRI D KRISHNA MURTHY
S/O LATE DASAPPA
AGED ABOUT 38 YEARS
32 . SRI D GOVINDARAJU
S/O LATE DASAPPA
AGED ABOUT 33 YEARS
33 . SRI D LOKESH
S/O LATE DASAPPA
AGED ABOUT 33 YEARS
34 . SRI D MANJUNATH
S/O LATE DASAPPA,
AGED ABOUT 30 YEARS,
35 . SRI D PRAKASH
S/O LATE DASAPPA,
AGED ABOUT 28 YEARS,
-44-
36. SMT BHAGYAMMA
D/O LATE DASAPPA,
AGED ABOUT 43 YEARS,
37. SMT PARVATHAMMA
D/O LATE DASAPPA,
AGED ABOUT 33 YEARS,
38 . SMT SARASWATHI
D/O LATE GOVINDA
AGED ABOUT 48 YEARS,
SL. NO.30 TO 38 ARE
RESIDING AT NO 20,
E STREET, 2ND CROSS,
GOPALAPURA, MAGADI ROAD,
BENGALURU - 560023
39 . SMT PARWATHAMMA
D/O LATE PUTTAIAH
AGED ABOUT 71 YEARS
40 . SRI NARASIMHA MURTHY
S/O LATE PUTTAIAH
AGED ABOUT 55 YEARS
41 . SRI ANANDA MURTHY
D/O LATE PUTTAIAH
AGED ABOUT 41 YEARS
42 . SMT LAKSHMI
D/O LATE PUTTAIAH
AGED ABOUT 35 YEARS
43 . SRI LAKSHMANA
S/O LATE PUTTAIAH
AGED ABOUT 31 YEARS
-45-
44 . SMT KOMALA
D/O LATE PUTTAIAH
AGED ABOUT 26 YEARS
SL. NO.39 TO 44 ARE
RESIDING AT NO 11,
E STREET, 7TH CROSS,
GOPALAPURA, MAGADI ROAD,
BENGALURU - 560023
45 . SRI NARASIMHA MURTHY
S/O LATE MALLAIAH,
AGED ABOUT 63 YEARS
SINDE DEAD BY LRS
45(a) AKKAYAMMA
AGED ABOUT 44 YEARS
W/O LATE NARASIMHA MURTHY
45(b) BHARATH KUMAR
AGED ABOUT 31 YEARS
S/O LATE NARASIMHA MURTHY
45(c) SUJAY KUMAR
AGED ABOUT 21 YEARS
S/O LATE NARASIMHA MURTHY
45(d) BHAVYASHREE
AGED ABOUT 28 YEARS
D/O LATE NARASIMHA MURTHY
ALL ARE R/AT ANJAN NAGARA
MANTANAKURCHI, SONDEKOPPA POST
NELAMANGALA TALUK
BENGALURU RURAL DISTRICT-562130.
-46-
46 . SRI SHANKARA
S/O LATE MALLAIAH,
AGED ABOUT 35 YEARS
47 . SRI BALACHANDRA
S/O LATE MALLAIAH,
AGED ABOUT 46 YEARS
48 . SRI NARASIMHARAJU
S/O LATE MALLAIAH,
AGED ABOUT 39 YEARS
49 . SMT PADMAVATHI
D/O LATE MALLAIAH,
AGED ABOUT 41 YEARS
50 . SMT HEMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 36 YEARS
51 . SRI NAGARAJ
S/O LATE MALLAIAH
AGED ABOUT 49 YEARS
SL. NOS.45 TO 51 ARE
R/A NO.6, B STREET, 2ND CROSS
GOPALAPURA, MAGADI ROAD
BENGALURU-560023
SL.NOS.4 TO 51 ARE
REPRESENTED BY THEIR REGISTERED
GENERAL POWER OF ATTORNEY HOLDER
SRI R CHANDRU
S/O LATE RAMAPPA
AGED ABOUT 52 YEARS
R/A NO.204, 2ND FLOOR
AHUJA CHAMBERS, NO.1
-47-
KUMARA KRUPA ROAD
BENGALURU-560001.
52 . SMT PUTTALAKSHMAMA
W/O LATE MARISWAMY
AGED ABOUT 54 YEARS
53 . SMT M SUDHA
D/O LATE MARISWAMY
AGED ABOUT 35 YEARS
54 . SRI M HARISH
S/O LATE MARISWAMY
AGED ABOUT 34 YEARS
55. SRI M ARAN
S/O LATE MARISWAMY
AGED ABOUT 34 YEARS
SL. NOS. 52 TO 55 ARE
R/A NO.36, ULLAL MAIN ROAD
OPPOSITE ULLAL LAKE
BENGALURU-560110.
...RESPONDENTS
(BY SRI. DHYAN CHINNAPPA, AAG FOR
SRI. MADESHWARAN C.N., AGA FOR R1;
SRI. MITHUN G.A, ADVOCATE FOR R2(A1 TO A6)
SRI. K. VIJAYA KUMAR, ADVOCATE FOR R5 TO R9,
R11 TO R13, R15 TO R20, R26, R28, R29, R32, R33 TO R35,
R38, R41 TO R44, R46 TO R51
SRI. K.G. RAGHAVAN, SR. COUNSEL FOR SRI. SHRISHAIL
A HUBLI, ADVOCATE FOR R22(A), R23(D), R24(A-C) & R25
SRI. H.V. MANJUNATHA, ADVCOATE FOR R23(A-C)
SRI. ABHINAY Y.T. & SRI. BYREGOWDA N, ADVOCATES
FOR R52 TO R55
V/O DT. 17.11.2020 NOTICE TO R2(B-D), R3(A-E), R4, R10,
-48-
R21, R36 & R37 IS HELD SUFFICIENT.
V/O DT. 17.01.2022 NOTICE TO R14(A&B)
IS HELD SUFFICIENT
R27, R30(A&B), R39, R40, R45(A-D) SERVED-UN
REPRESENTED).
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 & 227
OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE
RECORDS ON THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL,
BENGALURU, IN APPEAL NO.121/1978, PERUSE THE SAME, ALLOW
THE WRIT PETITION, QUASH THE ORDER DTD. 30TH JUNE MARCH
2015 VIDE ANNX-A. AND ETC.
IN WRIT PETITION NO.10174/2021
BETWEEN
1. THE STATE OF KARNATAKA
REPRESENTED BY PRINCIPAL
SECRETARY TO GOVT.
REVENUE DEPARTMENT
M.S. BUILDING
BENGALURU-560001
2. THE TAHSHILDAR
BANGALORE NORTH TALUK
KANDAYA BHAVANA
K.G. ROAD
BANGALORE-560001
....PETITIONERS
(BY SRI.DHYAN CHINNAPPA, AAG, FOR
SRI. MADESHWARAN C.N., AGA)
-49-
AND
1. SRI VENKATARAMANAPPA @ DODDANNA
S/O LATE HANUMADASAPPA
SINCE DECEASED BY HIS LRS
(a) SRI DASEGOWDA (DIED)
S/O LATE VENKATARAMANAPPA
1. VENKATAMMA 1ST WIFE
2. KEMPAMMA 2ND WIFE
3. RANGASWAMY
AGED ABOUT 54 YEARS
4. VENKATEGOWDA
AGED ABOUT 48 YEARS
5. BYIRAHANUMEGOWDA
AGED ABOUT 47 YEARS
6. KEMPEGOWDA
AGED ABOUT 47 YEARS
7. RAGHU
AGED ABOUT 41 YAERS
8. MANJUNATH
AGED ABOUT 38 YEARS
(b) SMT. CHANNAMMA
AGED ABOUT 68 YEARS
W/O LATE RANGAPPA
D/O LATE VENKATARAMANAPPA
-50-
(c) SRI BYRAPPA
AGED ABOUT 56 YEARS
S/O LATE VENKATARAMANAPPA
THE LEGAL HEIRS OF RESPONDENTS
NOS.1(A) TO 1(D)
HEREIN ARE R/AT
MUDDENAPALYA VILLAGE,
VISHWANTANEEDAM POST
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK-560091
2. SMT NAGARATHNAMMA
W/O RAJA VENKATARAMA SHETTY
SINCE DECEASED BY HER LRS
a) SRI BHASKAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
b) SRI SHRIDHAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
(c) SRI GIRIDHAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
(d) SRI SHANKAR R V
S/O LATE VENKATA CHALAPATHI
MAJOR
(e) SRI RAJA SATISH
S/O LATE GOVINDA RAJU
MAJOR
THE LEGAL HEIRS OF
RESPONDENTS NOS.2(A) TO 2(E) ARE
HEREIN R/AT NO.37/55,
-51-
SURVEYOR ROAD, BASAVANAGUDI
BENGALURU-560004.
3. SRI DALI MUNIYAPPA
S/O MUNI OBLAPPA
AGED ABOUT 52 YEARS
R/AT ULLAL VILLAGE
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560110
4. SMT LAKSHMINARASAMMA
AGED ABOUT 52 YEARS
W/O SHIVANNA
R/AT NO.24, 2ND CROSS, 2ND MAIN
VIJAYANAGAR
BENGALURU-560040
5. SRI HARISH KUMAR
S/O LATE VENKATARAMAIAH
AGED ABOUT 52 YEARS
6. SMT B.V. VENKATALAKSHMAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 68 YEARS
7. SMT B PARVATHAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 66 YEARS
8. SMT B.V CHANDRAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 63 YEARS
9. SMT B.V. RATHNAMMA
D/O LATE VENKATARAMAIAH
AGED ABOUT 60 YEARS
-52-
10 . SMT B.V. MANJULA
D/O LATE VENKATARAMAIAH
AGED ABOUT 48 YEARS
THE RESPONDENTS NO.5 TO 10 HEREIN
ARE R/AT NO,33, 12TH E CROSS
MAGADI ROAD
BENGALURU-560023
11 . SRI KRISHNA MURTHY
S/O LATE LINGAMMA
AGED ABOUT 48 YEARS
12 . SRI MALLESH KUMAR
S/O LATE LINGAMMA
AGED ABOUT 50 YEARS
13 . SMT MAHADEVAMMA
D/O LATE LINGAMMA
AGED ABOUT 50 YEARS
14 . SMT LAKSHMI
D/O LATE LINGAMMA
AGED ABOUT 43 YEARS
15 . SMT NANJAMMA
W/O DOLLAIAH
AGED ABOUT 63 YEARS
THE RESPONDENTS NO.11 TO 15 ARE
R/AT NO.E-42, 2ND CROSS,
GOPALPURA, MAGADI ROAD
BENGALURU-560023
16 . SRI H DAYAKAR
-53-
S/O LATE HANUMAIAH
AGED ABOUT 63 YEARS
17 . SRI H JANARDHAN
S/O LATE HANUMAIAH
AGED ABOUT 63 YEARS
18 . SRI RAMACHANDRA
S/O LATE HANUMAIAH
AGED ABOUT 55 YEARS
19 . SRI H CHANDRASHEKAR
S/O LATE HANUMAIAH
AGED ABOUT 46 YEARS
20 . SRI H CHANDRAKEERTHI
S/O LATE HANUMAIAH
AGED ABOUT 41 YEARS
THE RESPONDENTS NO.16 TO 20 ARE
R/AT ULLAL VILLAGE
YESHWANTHAPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU-560110
21 . SMT VENKATAMMA
W/O LATE YELLAPPA
AGED ABOUT 81 YEARS
22 . SRI Y NAGARAJ
S/O LATE YELLAPPA
AGED ABOUT 64 YEARS
23 . SRI Y RAMAKRISHNA
S/O LATE YELLAPPA
AGED ABOUT 61 YEARS
-54-
24 . SRI Y MANJUNATHA
S/O LATE YELLAPPA
AGED ABOUT 53 YEARS
RESPONDENTS NO. 21 TO 24 ARE
R/AT NO.24, 2ND CROSS,
2ND MAIN, VIJAYANAGAR
BENGALURU-560040
25 . SRI GOVINDA
S/O LATE THIMMAIAH
AGED ABOUT 65 YEARS
26 . SRI RAMAKRISHNA
S/O LATE THIMMAIAH
AGED ABOUT 59 YEARS
27 . SRI VENKATAPPA
S/O LATE THIMMAIAH
AGED ABOUT 53 YEARS
28 . SRI DAYANANDA
S/O LATE THIMMAIAH
AGED ABOUT 43 YEARS
THE RESPONDENTS NO. 25 TO 28 ARE
R/AT NO.13, E STREET, 2ND CROSS
GOPALAPURA, BENGALURU-560023
29 . SRI D MURTHY
S/O LATE DASAPPA
AGED ABOUT 41 YEARS
30 . SRI D KRISHNA MURTHY
S/O LATE DASAPPA
AGED ABOUT 38 YEARS
-55-
31 . SRI D GOVINDARAJU
S/O LATE DASAPPA
AGED ABOUT 35 YEARS
32 . SRI D LOKESH
S/O LATE DASAPPA
AGED ABOUT 33 YEARS
33 . SRI D MANJUNATH
S/O LATE DASAPPA
AGED ABOUT 30 YEARS
34 . SRI D PRAKASH
S/O LATE DASAPPA
AGED ABOUT 28 YEARS
35 . SMT BHAGYAMMA
D/O LATE DASAPPA
AGED ABOUT 43 YEARS
36 . SMT PARVATHAMMA
D/O LATE DASAPPA
AGED ABOUT 33 YEARS
37 . SMT SARASWATHI
D/O LATE DASAPPA
AGED ABOUT 48 YEARS
THE RESPONDENTS NO. 29 TO 37 ARE
R/AT NO.20, E STREET, 2ND CROSS
GOPALAPURA, BENGALURU-560023
38 . SMT PARVATHAMMA
D/O LATE DASAPPA
AGED ABOUT 71 YEARS
39 . SRI NARASIMHA MURTHY
-56-
S/O LATE PUTTAIAH
AGED ABOUT 55 YEARS
40 . SRI ANANDA
S/O LATE PUTTAIAH
AGED ABOUT 41 YEARS
41 . SMT LAKSHMI
D/O LATE PUTTAIAH
AGED ABOUT 35 YEARS
42 . SRI LAKSHMANA
S/O LATE PUTTAIAH
AGED ABOUT 31 YEARS
43 . SMT KOMALA
D/O LATE PUTTAIAH
AGED ABOUT 26 YEARS
THE RESPONDENTS NO. 38 TO 43 ARE
R/AT NO.11, E STREET, 7TH CROSS
GOPALAPURA, MAGADI ROAD,
BENGALURU-560023
44 . SRI NARASIMHA MURTHY
S/O LATE MALLAIAH
AGED ABOUT 63 YEARS
45 . SRI SHANKARA
S/O LATE MALLAIAH
AGED ABOUT 63 YEARS
46 . SRI BALACHANDRA
S/O LATE MALLAIAH
AGED ABOUT 43 YEARS
47 . SRI NARASIMHA RAJU
-57-
S/O LATE MALLAIAH
AGED ABOUT 39 YEARS
48 . SMT PADMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 41 YEARS
49 . SMT HEMAVATHI
D/O LATE MALLAIAH
AGED ABOUT 36 YEARS
50 . SRI NAGARAJ
S/O LATE MALLAIAH
AGED ABOUT 49 YEARS
THE RESPONDENTS NOS.44 TO 50 ARE
R/AT NO.B STREET, 2ND CROSS
GOPALAPURA, MAGADI ROAD,
BENGALURU-560023.
RESPONDENT NOS.3 TO 50 ARE
REPRESENTED BY THEIR REGISTERED
GENERAL POWER OF ATTORNEY HOLDER
SRI R.CHANDRU
AGED ABOUT 52 YEARS
S/O LATE RAMAPPA
R/AT NO.204, 2ND FLOOR.
AHUJA CHAMBERS
NO.1, KUMARAKRUPA ROAD
BENGALURU-560001
51 . SMT PUTTALAKSHMAMMA
W/O LATE MARISWAMY
AGED ABOUT 54 YEARS
52 . SMT M SUDHA
D/O LATE MARISWAMY
AGED ABOUT 35 YEARS
-58-
53 . SRI M HARISH
S/O LATE MARISWAMY
AGED ABOUT 34 YEARS
54 . SRI M ARAN
S/O LATE MARISWAMY
AGED ABOUT 34 YEARS
THE RESPONDENTS NOS. 51 TO 54 ARE
R/AT NO36, ULLALA MAIN ROAD
OPP. ULLALA LAKE
BENGALURU-560110.
.....RESPONDENTS
SRI. MITHUN G.A, ADVOCATE FOR R1A(A TO H)
SRI. LOKESH, ADVOCATE FOR R1D,
SRI. K. VIJAYA KUMAR & SRI K. LOKESH, ADVOCATES FOR R5
TO R8, R10, R12, R14 TO R19, R25, R27, R28, R30, R32 TO
R34, R37, R40 TO R43, R45 TO R50
SRI. K.G. RAGHAVAN, SR. COUNSEL FOR SRI. SHRISHAIL
A HUBLI, ADVOCATE FOR R23(D), R24(A-C) & R25
SRI. UDAYA HOLLA, SR. COUNSEL FOR SRI. GANAPATHI
BHAT VAJRALLI, ADVOCATE FOR 22(A-D) & R24
SRI. ABHINAY Y.T., ADVOCATE FOR R51 TO R54
R1B & R1C, R2(A-E), R3, R4, R9, R11, R13, R20, R21A,
R23(A-C), R26A, R29(A-B), R31, R35, R36, R38, R39,
R44(A-D) SERVED - UN REPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE KARNATAKA APPELLATE TRIBUNAL, BENGALURU,
IN APPEAL NO.121/1978, PERUSE THE SAME, ALLOW THE WRIT
PETITION, QUASH THE ORDER DATED 30TH JUNE 2015 VIDE
ANNEXURE-A AND ETC.
-59-
THESE WRIT PETITIONS HAVING BEEN HEARD AND RESERVED
ON 14.09.2022 AND COMING ON FOR PRONOUNCEMENT OF
ORDER, THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER
These writ petitions arise basically from proceedings initiated under Mysore (Personal and Miscellaneous) Inams Abolition Act, 1958. The State of Karnataka has filed two writ petitions in W.P.No.24123/2012 and W.P.No.10174/2021. Two sets of applications in LRF Nos.70, 87, 91 and 60/1959- 60 and LRF Nos.15 and 93/1958-60 were filed before the Special Deputy Commissioner for Inams Abolition, Bangalore, claiming occupancy rights in respect of 40 acres and 36 acres in Sy.No.199 of Ullal Village, amongst others. Two orders passed by the Karnataka Appellate Tribunal, Bangalore allowing the appeals and consequently conferring occupancy rights in favour of the legal heirs/successors-in-interest of the original applicants have been questioned by the State Government.
-60-
2. During the interregnum, the State Government granted 10 acres of land in favour of Karnataka Institute of Leather Training (for short 'KILT') and another extent of 20 acres in favour of Police Department. The grant orders made in favour of KILT and another have been questioned in some of the writ petitions and two writ petitions have been filed by KILT, aggrieved by an interim order of the KAT, declining to implead KILT and the final order passed by the KAT. A few other writ petitions also arise out of the orders passed by the KAT. It is unnecessary, at this stage to go into the details of each writ petition.
3. Some of the undisputed facts are that Sy.No.199 (old Sy.No.3) of Ullal Village was a jodi inam land. Ullalu and its dhakale villages, Basthi and Nuggipalya situated in Yeshwanthpur Hobli, in all measured 900 acres 21 guntas. Sri Narayana Rao Mane was the Inamdar. Sri Narayana Rao along with four others are said to have sold 140 acres of land in favour of Smt.Rajkumari Gupta and Smt. Nagarathna -61- jointly, under a registered sale deed dated 10.11.1947. Smt. Rajkumari Gupta and Smt. Nagarathna sold 36 acres of land in favour of Sri Venkataramanappa, under a sale deed dated 13.12.1957, for a sale consideration of Rs.3,000/-, but with a condition that at the rate of Rs.1.50 per acre, the purchaser shall deposit a sum of Rs.54 per year towards cess payable to the Government. Similarly, Smt. Rajkumari Gupta and Smt. Nagarathna sold 40 acres of land in favour of Sri Srinivasa Gupta, under a sale deed dated 12.09.1958 for a sale consideration of Rs.26,000/-, but with the same condition regarding depositing of cess payable to the Government.
4. Sri Venkataramanappa, however, sold 36 acres of land in bits and pieces in favour of various persons, between 20.07.1959 to 29.06.1961.
5. Sri Srinivasa Gupta filed an application in case No.15 and 93/1959-60, under Section 5 of the Act, contending that he was a permanent tenant and claimed occupancy rights in respect of 40 acres of land, which he had purchased under a -62- registered sale deed. Similarly, Sri Venkataramanappa also filed application in case No.70, 87 and 91/1959-60, under Section 5 of the Act, contending that he was a permanent tenant and claimed occupancy rights in respect of 36 acres of land, which he had purchased under a registered sale deed. The claim filed by Sri Venkataramanappa, in so far as Sy.No.199, measuring 36 acres, was rejected by the Special Deputy Commissioner, by order dated 14.08.1964, stating that the entire extent is gomal land and objections have been raised at the hands of villagers, both before the Deputy Commissioner as well as the Special Deputy Commissioner for Inams Abolition that the jodidhar had sold the gomal land without obtaining permission from the Deputy Commissioner. It was also found that reports were obtained by the Special Deputy Commissioner which would show that there were 756 big and 500 small heads of cattle in the village and the gomal was grossly inadequate. The claim petition was therefore rejected. In so far as Sy.No.66 is concerned, since it was -63- classified as 'korakalu', which is uncultivable kharab, and since the petitioner was not able to prove his possession, the claim was rejected.
6. The claim made by Sri Srinivasa Gupta was also rejected by the Special Deputy Commissioner by order dated 25.05.1967 in LRF No.70,87, and 91/59-60, on the ground that Sy.No.199 was a gomal land and Sy.No.66 was korakalu, not in the possession of the petitioner. However, the Karnataka Appellate Tribunal in Appeal No.3090/65 and 2296/1968, by order dated 30.01.1970, set aside the order of the Special Deputy Commissioner and remanded the matter back for fresh consideration. On remand, the Special Deputy Commissioner recorded the evidence of both the claimants namely Sri Srinivasa Gupta and Sri Venkataramanappa, in so far as Sy.No.199 is concerned, wherein both the claimants had contended that it was not a gomal land as noted in the quitrent register and that they were paying kandayam. There was claim and counter claim between the two claimants -64- regarding possession. It was also admitted by Sri Venkataramanappa that he had already sold the land in bits and pieces to third parties. Consequently, the claim of Sri Venkataramanappa was rejected once again stating that he had already sold the land in question to third parties, after the land was vested in the State.
7. Insofar as the claim of Sri Srinivasa Gupta is concerned, the Special Deputy Commissioner held that in terms of the decision of this Court in the case of Raje Urs .vs. State of Mysore, reported in (1964) 2 Mys.L.J 291, since Sri Srinivasas Gupta admittedly acquired title under sale deed dated 29.09.1958 with a condition of payment of annual land revenue for the land, the transaction is to be construed as lease agreement, but however since Srinivasa Gupta and his brothers were not in continuous possession of the land on payment of fixed rent for a period of 12 years or more as defined in Section 79 of Land Revenue Code, 1888, the claimant cannot be registered as a permanent tenant under -65- Section 5 of the Act. Likewise, they cannot be construed as kadim tenant as defined in Section 4 of the Code and that they failed to establish that they were paying rent to the Inamdar. Therefore, the claim of Sri Srinivas Gupta and his brothers were also rejected by order dated 17.01.1978.
8. Sri Venkataramanappa filed an appeal before the Karnataka Appellate Tribunal in Appeal No.121/1978. However, the same was dismissed for default on 17.09.1979. Long after the dismissal of the appeal, the legal heirs of Venkataramanappa filed a miscellaneous petition in the year 2001 seeking recall of the order dated 17.09.1979. By order dated 12.10.2001 the revenue member of the Tribunal dismissed the miscellaneous petition. However, the Judicial Member admitted the miscellaneous petition for consideration of other I.As, keeping open the point of limitation. The matter was taken up by a Full Bench of the Tribunal and by order dated 02.03.2002, the miscellaneous petition was admitted in the ends of justice, keeping open the point of limitation. -66- Finally, it appears, by order dated 28.09.2011, the Tribunal allowed the miscellaneous petition and restored the appeal No.121/78.
9. The appeal filed by the legal heirs of Sri Srinivasa Gupta was allowed by the Tribunal on 10.06.2010, granting occupancy rights in respect of 40 acres of land in Sy.No.199, under Section 9 of the Act. Thereafter, the Tribunal also allowed the appeals filed by the legal heirs of Sri Venkataramanappa and conferred occupancy rights, but made it clear that occupancy rights registered under Section 5 of the Act, shall enure to the benefit of the subsequent purchasers at the hands of Sri Venkataramanappa.
10. Learned Additional Advocate General, appearing on behalf of the respondent-State submitted that the impugned orders passed by the Tribunal suffer from lack of clarity and are also contrary to the finding of facts that the lands in question being gomal lands, could not have been granted to the claimants, as it is expressly barred under Section 7 of the -67- Act. It is contended that in the case of Sri Srinivasa Gupta, though application was made under Section 5 of the Act, occupancy rights are granted by the Tribunal under Section 9 of the Act. Provision is made in Section 5 of the Act for permanent tenants to seek occupancy rights and whereas, Section 9 enables the Inamdar to file an application. It is submitted that though the objection regarding the land being gomal land was raised, the State or the Officer appointed by the State Government were not impleaded as a party respondent to the proceedings. Therefore, it is submitted that there was no opportunity for the State Government to place necessary material before the fact finding authority as to whether the land in question is gomal land or not. It is contended that though it is admitted by Sri Venkataramanappa that he had sold the lands which were acquired by him, and a finding was given by the Special Deputy Commissioner that he had lost the right to file an application under Section 5 of the Act or to maintain one after -68- having disposed of the lands, the Tribunal has allowed the appeals without giving cogent reasons.
11. During the course of the proceedings, the learned Additional Advocate General filed a memo dated 06.09.2022 along with a survey sketch in support of his contention that there cannot be any manner of doubt that the land in question is gomal land.
12. Learned Counsel Sri A.Ravishankar, appearing on behalf of KILT has brought to the notice of this Court series of orders passed by the Special Deputy Commissioner considering applications filed at the hands of the subsequent purchasers who had purchased various parcels of land from Sri Venkataramanappa. All those applications were dismissed. That being the position, it is submitted that the applications filed by Sri Venkataramanappa was hit by the principles of res judicata. The miscellaneous petition filed nearly 20 years after the appeal was dismissed by the Tribunal could not have been entertained without considering the objections raised to the -69- applications seeking condonation of delay. In fact, it is submitted that when the Full Bench of the Tribunal admitted the application for condonation of delay, it was made clear that the application shall be considered and the question of limitation is kept open to be considered along with the main matter. No satisfactory reasons are assigned in the impugned order passed by the Tribunal while allowing the application for condonation of delay of 22 years.
13. It is further contended that KILT has been put in possession after a specific order of de-reservation was passed by the Deputy Commissioner, de-reserving the gomal land. KILT has put up huge structures and has been utilizing the building and the premises for imparting education and training in leather technology. It is submitted that though this Court rejected the application/petition for impleadment at the hands of KILT, in the proceedings before the Tribunal, nevertheless, the Hon'ble Division Bench has made it clear that since the -70- interest of KILT in the land in question is established, KILT shall be heard in these matters.
14. Learned Senior Counsels Sri Udaya Holla and Sri K.G.Raghavan, have argued on behalf of the legal heirs of Sri Venkataramanappa and the subsequent purchasers. They have contended that there has been a clear finding at the hands of the fact finding authority that the land in question is not a gomal land. The Special Deputy Commissioner has verified the revenue records while securing the same from the revenue authorities. Reliance is also sought to be placed on the Record of Rights to buttress their argument that the land in question is not a gomal land.
15. As regards the survey sketch sought to be relied by the Additional Advocate General, the learned Senior Counsels have submitted that the survey sketch is prepared in the year 2009 and the same cannot be relied upon.
16. Having regard to the submissions made by the learned AAG and learned Counsel Sri A.Ravishankar, that since -71- Sri Venkataramanappa had sold the lands to several persons and there was no right retained by Sri Venkataramanappa to prosecute the application filed under Section 5, the learned Senior Counsel Sri K.G.Raghavan would submit that the law of feeding the grant by estoppel in terms of Section 43 of the Transfer of Property Act, 1882, would enable the subsequent purchasers to seek grant of occupancy rights. However, learned Counsel Sri A.Ravishankar, submits that in the case of Kartar Singh and Others Vs. Harbans Kaur (1994) 4 SCC 730, it has been held that the rule of estoppel by deed by the transferor would apply only when the transferee has been misled. Where the transferee knows as a fact that the transferor does not possess the title which he represents he has, then he cannot be said to have acted on it when taking a transfer. Section 43 would then have no application and the transfer will fail under Section 6(1) of the Transfer of Property Act. Learned Senior Counsel Sri K.G.Raghavan, would counter while stating that the said provision as contained in Section 43 -72- is enacted on the principles of equity, to ensure that the transferor does not get double benefit and therefore provision is made to ensure that the purchaser is given the benefit which is subsequently derived by the transferor. Learned Senior Counsel would therefore submit that the Tribunal is justified in granting the relief to the subsequent purchasers.
17. Sri A.S.Ponnanna, learned Senior Counsel and Sri K.Vijaya Kumar, learned Counsel appearing for the legal heirs of Sri Srinivasa Gupta submitted that there is no such complication in his case, since Sri Srinivasa Gupta has not transferred the lands in favour of any other person. The legal heirs are rightfully claiming grant of occupancy rights. As regards the contention of the learned AAG that though application is filed under Section 5, claiming to be a permanent tenant, nevertheless, the Tribunal has granted occupancy rights under Section 9, learned Counsel submits that mere wrong mentioning of the provision will not take away the rights of the party. Learned Senior Counsel -73- submitted that in terms of Section 10 the enquiry that is to be conducted by the Special Deputy Commissioner does not make any distinction between an application filed under Section 5 or Section 9. Therefore, if the Tribunal has found that Sri Srinivasa Gupta entered the shoes of the Inamdar having purchased the land before it was vested in the State, then Sri Srinivasa Gupta is entitled to seek grant of occupancy rights under Section 9. Insofar as the question whether the land is gomal land or otherwise, learned Senior Counsel submits that the fact finding authority had sufficient material before him and has rightly arrived at a conclusion that the land is not gomal land.
18. Learned Counsel Sri K.Sreedhar, who appears for the impleading applicants (allottees of sites at the hands of Government) has submitted that it has been the stand of the Government all through that the land in question is gomal land. Therefore, at the instance of the Government, the Deputy Commissioner passed necessary orders de-reserving -74- the same for formation of sites to be distributed amongst the needy. Such sites have been allotted in favour of his clients. Learned Counsel would submit that the interest of his clients who were granted sites for construction of residential buildings should be protected.
19. Heard learned Additional Advocate General, Sri Dhyan Chinnappa for the petitioner-State, learned Senior Counsels Sri Udaya Holla and Sri K.G.Raghavan on behalf of the legal heirs of Sri Venkataramanappa, and the subsequent purchasers, Sri A.S.Ponnanna, learned Senior Counsel and Sri K.Vijaya Kumar, learned Counsel appearing for legal heirs of Sri Srinivasa Gupta, Sri A.Ravishankar, learned Counsel for KILT, Sri K.Sreedhar, learned Counsel for the impleading applicants and perused the petition papers.
20. During the course of the argument, it was pointed out from the impugned orders that references were made to M.L.Raje Urs (supra); T.Srirangachar Vs. State of Mysore -75- (1996) 1 Mys.L.J. 655 and D.S.Thayamma Vs. State of Mysore (1967) 2 Mys.L.J.573.
21. In M.L.Raje Urs (supra), the Hon'ble Division Bench was considering the case of an Inamdar who had filed application under Section 17 of the Act, seeking compensation. The Inamdar was aggrieved of non- consideration of his request for grant of compensation in respect of gomal land/waste land. Out of two items of lands, one item of land which was sold by the Inamdar had similar covenants as found in the present case, that the transferee shall continue to pay certain amount towards cess, etc. Under such circumstances, the Hon'ble Division Bench, while considering the contentions whether such transferee could be granted occupancy rights under Section 9, held that there can be atleast two answers - (i) if the alienees were really permanent tenants and they had not become owners of the property without there being any disappearance of the obligation on their part to pay land revenue or rent to the -76- Inamdar, the registration of the lands in their names under Section 9 of the Inam Abolition Act was impossible. In the present cases, we have seen that the Special Deputy Commissioner, after remand, by order dated 17.01.1978 had clearly held that since the transferees were not in continuous possession of the land on payment of fixed rent for a period of twelve years or more as defined in Section 79 of the LR Code, 1888, the claimant cannot registered as a permanent tenant under Section 5 of the Act.
22. Clause(12) of sub-section (1) of Section 2 defines permanent tenant as:
"permanent tenant" means a person who either under Section 79 of the Land Revenue Code or otherwise is entitled to a tenancy in respect of any land used for agricultural purposes, the duration of which is co-extensive with the duration of the tenure of the inamdar."-77-
23. Therefore, for a claimant to be eligible to seek grant of occupancy rights, under Section 5, as permanent tenant, the claimant has to fulfill the requirement of having been in possession of the land for atleast twelve years prior to the date of application or should be able to prove that he is entitled to tenancy during the subsistence of a contract which is co-extensive with the duration of the tenure of the Inamdar. Both these requirements or either of them are disproved on the own showing of the claimants and therefore the claimants could not have maintained an application under Section 5.
24. Coming to an application under Section 9, which could be made by the Inamdar, firstly, it has to be noticed that in terms of sub-section (3) of Section 10, no person shall be entitled to be registered as an occupant unless the claimant makes an application in writing. It has been argued while pointing out to the decision in D.S.Thayamma (supra) that there have been many such instances where, though application is filed under Section 5, occupancy rights are -78- conferred under Section 9 and vice versa. This again is a case concerning the Inamdar, seeking compensation under Section
17. In that case, it was contended that the tenants were wrongly granted occupancy rights under Section 9 and therefore it is contended that on that ground the Inamdar could not be denied compensation. The Hon'ble Division Bench while noticing the earlier decision in the case of Srirangachar (supra), held that the decision of the Special Deputy Commissioner under Section 10 could not be reopened while determining the compensation under Section 17 of the Act. Therefore, if the Tribunal seeks to place reliance on the said decisions to grant occupancy rights under Section 9, to a claimant who filed an application under Section 5, the decision of the Tribunal cannot be justified.
25. This Court also finds that there are certain important aspects which have not been considered by the Special Deputy Commissioner and the Tribunal. It is noticeable that the Mysore (Personal and Miscellaneous) -79- Inams Abolition Act, 1954 was first published in the official gazette on 19.03.1955. The Act sought to abolish personal inams and certain miscellaneous inams through out the State, except Bellary district. The vesting of the inam lands happened on the appointed date, by notification issued under sub-section (4) of Section 1. Admittedly, the two sale transactions in the present cases, have happened on 13.12.1957 and 12.09.1958, after the date of vesting, in terms of the 1954 Act. On the other hand, the cases have proceeded on the footing that the sale transactions took place prior to the date of vesting i.e., 01.02.1959 under the 1958 Act. If the date of vesting, in terms of 1954 Act, is taken into consideration, the lands having vested in the State in the year 1955, the Inamdar or his successors in interest could not have sold the lands as they had no right to sell the vested lands.
26. Insofar as the factual finding, whether the land is gomal or otherwise, it is noticeable that at the very first instance, in the order dated 14.08.1964, the Special Deputy -80- Commissioner had held that the land is gomal. Thereafter, the matters were remanded twice and by insertion of sub-rule (3A) as on 8.1.1975, the Rules, 1956 made it mandatory for impleadment of such officer as the State Government notified, as a party respondent in an application filed by the Inamdar under Section 9. Obviously, on realizing the need for impleading the State Government as a respondent, in every application made by the Inamdar, the insertion by way of amendment were made to the Rules. During the proceedings, it was pointed out from the records that the "State of Mysore"
was subsequently, impleaded as a party respondent. But, it was not mentioned as to who was the officer who represented the State. No information is available as to the officer of the State to whom notice was issued. It is therefore obvious that the interest of the State was not safeguarded. At the first instance, when a factual finding is given to state that the land in question is gomal, then, any material contrary to the said finding were required to be placed before the authority. No -81- such material is said to have been placed, either before the Special Deputy Commissioner or the Tribunal.
27. Nevertheless, since this court has found that the original claimants namely Sri Srinivas Gupta and Sri Venkataramanappa admittedly, purchased the lands on 13.12.1957 and 12.09.1958, long after the inam lands were vested in the State, in terms of the 1954 Act, and since they did not derive any title to the lands in question, they could not have claimed occupancy rights under Section 9. Insofar as claim under Section 5 is concerned, this Court is of the considered opinion that since the claimants do not fulfill the requirements of a permanent tenant as discussed earlier, their applications were required to be rejected. It is also pertinent to notice that the Tribunal, in the case of Sri Srinivasa Gupta, proceeded on a wrong footing that application was filed under Section 9 and therefore conferment of occupancy rights were granted under Section 9. That is why no special reasons are -82- assigned by the Tribunal to confer occupancy rights under Section 9.
28. Consequently, this Court proceeds to pass the following:
ORDER
(i) W.P.No.24123/2012 and W.P.No.10174/2021 are allowed, while setting aside the impugned orders passed by the Karnataka Administrative Tribunal, Bengaluru in Appeal Nos.LRF 70, 87, 91 and 60/1959-60 dated 10.06.2010 and Appeal No.121/1978 dated 30.06.2015. Consequently, the applications in LRF Nos. 70, 87, 91 and 60/1959-60, and LRF Nos.15 and 93/1958-60 also stand rejected.
(ii) W.P.No.3937/2010 and W.P.No.14662/2019 are partly allowed while confirming Government Order dated 22.02.2010, by which the earlier Government Order dated 28.01.2010 was withdrawn.
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(iii) W.P.No.10017/2010, W.P.No.8615/2011,
W.P.No.41518/2011, W.P.No.58596/2015,
W.P.No.52118/2017, W.P.No.56154/2017 are dismissed.
All pending I.As stand disposed of accordingly.
Sd/-
JUDGE KLY/JT