Karnataka High Court
Sri Liyakat Ali Khan vs The Land Tribunal on 10 June, 2022
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 10TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR.JUSTICE N.S.SANJAY GOWDA
W.P.No.19156/2013 (LR-SEC.48A)
BETWEEN:
SRI LIYAKAT ALI KHAN,
S/O S.K.MAHMOOD KHAN,
AGED ABOUT 57 YEARS,
CHIKKABAJANE STREET,
SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE - 562 125.
... PETITIONER
(BY SRI.DIVYATEJ H.N., ADV., FOR
SRI.ZAMEER PASHA, ADV.,)
AND:
1. THE LAND TRIBUNAL,
ANEKAL TALUK, ANEKAL,
BANGALORE SOUTH,
REPRESENTED BY ITS SECRETARY.
2. THE TAHSILDAR,
ANEKAL TALUK,
ANEKAL - 562 125.
3. SRI. INAYATHULLA KHAN,
S/O LATE AHAMADULLA KHAN,
S/O LATE MASALAUDDIN KHAN,
AGED ABOUT 68 YEARS,
NO.289/A, KHAN COTTAGE,
TALAKAVERI LAYOUT,
AMRUTHAHALLI VILLAGE,
2
BYATARAYANAPURA,
BANGALORE - 560 092.
4. SRI.YELLAPPA,
S/O LATE TELAGARAHALLI GURAPPA,
AGED ABOUT 75 YEARS,
A.D.COLONY, SARJAPUR VILLAGE,
SARJAPURA HOBLI, ANEKAL TALUK,
BANGALORE DISTRICT - 562 125.
SINCE DECEASED BY HIS LRS.,
4(a) SMT.VENKATAMMA,
W/O LATE YELLAPPA,
AGED ABOUT 66 YEARS,
4(b) SRI.SHANTHAKUMAR,
S/O LATE YELLAPPA,
AGED ABOUT 46 YEARS,
4(c) SRI.RANGASWAMY,
S/O LATE YELLAPPA,
AGED ABOUT 43 YEARS,
5. SRI.SHANTHKUMAR,
S/O YELLAPPA,
AGED ABOUT 41 YEARS,
SARJAPURA VILLAGE AND HOBLI,
ANEKAL TALUK,
BANGALORE - 562 125.
6. SMT. SHANTHAMMA,
D/O LATE SMT.POOJAMMA,
AGED ABOUT 62 YEARS,
SARJAPURA VILLAGE,
SARJAPURAA HOBLI,
ANEKAL TALUK,
BANGALORE DISTRICT.
SINCE DECEASED HER LRS,
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6(a) SRI.G.MURALI,
S/O LATE SHANTHAMMA,
AGED ABOUT 42 YEARS,
6(b) SMT.MUNIRAJAMMA,
D/O LATE SHANTHAMMA,
AGED ABOUT 46 YEARS,
7. CITYLIGHTS ESTATES PRIVATE LIMITED
NO.3795, 7TH MAIN ROAD,
HAL 2ND STAGE,
BANGALORE - 560 038.
REPRESENTED BY ITS
MANAGING DIRECTOR.
... RESPONDENTS
(BY SRI.R.SRINIVASA GOWDA, AGA FOR R1;
SRI.T.L.KIRAN KUMAR, ADVOCATE FOR R2;
SRI.MANIVANNAN, ADVOCATE FOR R5;
SRI.H.P.LEELADHAR, ADVOCATE FOR R6(a) & (b);
SRI.PRASHANTH G., ADVOCATE FOR R7;
R4 IS DEAD AND REPRESENTED BY HIS LRS
R4(a) TO R4(c) ARE SERVED AND UNREPRSENTED)
THIS PETITION IS FILED UNDER ARTICLES 226 AND
227 OF CONSTITUTION OF INDIA, PRAYING TO QUASH THE
ORDER DT.20.6.2011 PASSED BY THE R-1 VIDE
ANNEXURE -A TO THE WRIT PETITION.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This petition is presented by one Sri.Liyakat Ali Khan challenging the order of the Land Tribunal dated 20.06.2011, by which the Land Tribunal has conferred occupancy rights in respect of one Smt.Poojamma and one Sri.Yellappa. 4
2. It is the case of the petitioner that he is the owner of the land bearing Sy.No.19, measuring 3 acres, 4 guntas situated at Chikkadunnasandra Village, Sarjapura Hobli, Anekal Taluk. He contends that this land was bequeathed to him under a Will dated 13.03.1978 executed by one Smt.Khatheeejabi in his favour.
3. The Land Tribunal in the first round of litigation conferred occupancy rights in favour of Smt.Poojamma in respect of land bearing Sy.No.22/1, measuring 10 guntas and land bearing Sy.No.71, measuring 3 guntas of Sarjapura Village, Sarjapura Hobli, Anekal Taluk.
4. The Land Tribunal also conferred occupancy rights in favour of Sri.Yellappa in respect of land bearing Sy.No.22/1, measuring 19 guntas of Sarjapura Village and an extent of 6 acres 16 guntas in respect of Sy.No.25 and an extent of 3 acres in respect of Sy.No.20 of Chikkadunnasandra Village, Sarjapura Hobli, Anekal Taluk.
5. It may be pertinent to state here that this order which was passed on 14.09.1979 was made after notifying 5 Smt.Khathijabi, the predecessor in interest of the petitioner who had executed the Will in favour of the petitioner. The Land Tribunal in the impugned order has noticed that Smt.Khathijabi did not present herself despite being informed of the sitting and therefore, she was placed exparte.
6. The order of the Land Tribunal, ultimately, conferring occupancy rights in favour of Smt.Poojamma and Sri.Yellappa was challenged only by one Sri.Ahamadulla Khan in W.P.No.6270/1981. Smt.Khathijabi under whom the petitioner claims did not challenge the order. Thus, the order of the Land Tribunal has been accepted by Smt.Khathijabi and as a consequence, the petitioner cannot go beyond the acceptance of the order by Smt.Khathijabi.
7. It is to be stated here that in the petition, though a mention is made that there is a Will in favour of the petitioner, however, the date on which Smt.Khathijabi died has not been mentioned. It is therefore, unclear as to when the property devolved on the petitioner, if at all there was a Will in his favour.
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8. Be that as it may, on remand by the Land Tribunal, the legal representative of Sri.Ahamadulla Khan i.e., Sri.Inayathulla Khan and Sri.Yellappa filed a joint memo. By the said joint memo, the legal representatives of Sri.Ahamadulla Khan accepted that occupancy rights be conferred in favour of Smt.Poojamma and Sri.Yellappa, as per earlier order of the Land Tribunal and they were giving up all claims as against them. The Land Tribunal accordingly, accepted the joint memo and conferred the occupancy rights in respect of Smt.Poojamma and Sri.Yellappa.
9. Since the earlier order of the Land Tribunal conferring occupancy rights has been accepted by Smt.Khathijabi, the petitioner, her legatee cannot possess the right to challenge the subsequent order of the Land Tribunal on remand.
10. However, there is a discrepancy in the order of the Land Tribunal in as much as though the earlier order of the Land Tribunal conferred occupancy rights in the following manner:-
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"Poojamma S.No.22/1 0.10.
- 71 0.03
Yellappa S.No.22/1 0-19
Chickkadommasandra 25 6-16
20 3-00"
11. On the basis of the joint memo, the Land Tribunal has proceeded to grant the properties in the following manner:-
"Poojamma: S.No.22/1 0A.10gs.Sarjapura Village, S.No.71 0A.03gs., Sarjapura Village, Yellappa: S.No.22/1 0A.19gs., Sarjapura Village, S.No.25 6A.16gs., Chikkadunnasandra S.No.19 3A.04gs.,"
12. As could be seen from the above two extracts, in the first order of 14th September, 1979 which was agreed to be affirmed by both the landlord and tenant, Sy.No.19 of Chikkadunnasandra Village was not granted. Therefore, the Tribunal could not have accepted the compromise petition atleast in respect of Sy.No.19 of Chikkadunnasandra Village. The Land Tribunal as per the agreement between the parties, which was basically to abide by the order of the Land Tribunal dated 14.09.1979, could not have incorporated Sy.No.19 into the order and could not have registered Sy.No.19 in favour of Sri.Yelappa.
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13. In this writ petition, Sri.Yellappa was notified and was arrayed as fourth respondent. On his death, an application was filed to bring his legal representatives on record i.e., respondent Nos.4(a) to 4(c). The legal representatives of Sri.Yellappa i.e., respondent Nos.4(a) to 4(c) are served, but have chosen to remain unrepresented.
14. In view of the fact that the Land Tribunal has committed an error in including Sy.No.19, contrary to the settlement of the parties which was only to the effect that the land be granted in favour of Sri.Yellappa as ordered earlier in No.LRF.ATC.1114/1975-76 and No.LRF.ATC.1121/1975-76, the order of the Land Tribunal to the extent of incorporating Sy.No.19 in its order and ordering it to be registered in favour of Sri.Yellappa is set aside.
15. Subject to the above, writ petition is dismissed.
Sd/-
JUDGE VMB