Dismissed

Sri Doddavenkatappa Since Dead by Lrs v. the Deputy Commissioner

Karnataka HC12 Jul 2023WP/3116/2023

Case brief

AI extract

What is this about?

A writ petition filed by legal heirs seeking restoration of land was dismissed. The Court held that the petition is not maintainable as legal heirs cannot initiate fresh proceedings for a second time on the same cause of action, establishing that the application for restoration was no longer legally tenable.

What did the court decide?

Writ petition stands dismissed as the applicant cannot re-litigate by filing a second application for restoration of the same land.

Sri Doddavenkatappa Since Dead by Lrs Vs the Deputy… — Land Acquisition | Karnataka HC (2023)

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NC: 2023:KHC:24096 WP No. 3116 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 12^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 3116 OF 2023 (SCST)

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BETWEEN:

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SRI. DODDAVENKATAPPA SINCE DEAD BY LR'S

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SMT. MUNIRATHNAMMA, D/O LATE. DODDAVENKATAPPA, AGED ABOUT 54 YEARS,

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Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka

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SRI. MUNIRAJU, S/O LATE DODDAVENKATAPPA, AGED ABOUT 59 YEARS, BOTH ARE R/AT. NO.235, 31ST WARD, MUTHYALAMMA TEMPLE ROAD, SHANTHINAGAR, DODDABALLAPUR TOWN, BANGALORE RURAL DISTRICT - 561 203.

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…PETITIONERS

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(BY SRI. RAVI SHANKAR K., ADVOCATE (ABSENT)

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AND:

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THE DEPUTY COMMISSIONER, BANGALORE URBAN DISTRICT, ADMINISTRATIVE OFFICE, KUNDANA, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT - 562 110.

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2 - NC: 2023:KHC:24096 WP No. 3116 of 2023

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THE ASSISTANT COMMISSIONER, DODDABALLAPURA SUB - DIVISION, DODDABALLAPURA - 561 203.

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THE TAHASILDAR, DODDABALLAPUR TALUK, TALUK OFFICE, DODDABALLAPUR - 561 203.

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SRI. T. GANGADHARAPPA @ GAGADHARAIAH, S/O LATE. THIMMAIAH, AGED ABOUT 70 YEARS,

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SMT. INDIRAMMA, W/O LATE. T. GANGADHARAPPA @ GAGADHARAIAH, AGED ABOUT 65 YEARS,

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SRI. NAGARAJA, S/O T. GANGADHARAPPA @ GAGADHARAIAH, AGED ABOUT 34 YEARS,

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SRI. VASANTHE GOWDA, S/O. T. GANGADHARAPPA @ GAGADHARAIAH, AGED ABOUT 34 YEARS,

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SMT. SHOBHA SINCE DEAD BY LR'S

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SRI. NARAYANAPPA, S/O NOT KNOWN, AGED ABOUT 62 YEARS,

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RANGANATHA, S/O NARAYANAPPA, AGED ABOUT 34 YEARS,

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NC: 2023:KHC:24096 WP No. 3116 of 2023

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SRI. SHIVAKUMAR, S/O NARAYANAPPA,

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AGED ABOUT 39 YEARS,

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ALL ARE R/AT AMMASANDRA VILLAGE AND POST, HOSURU HOBLI, GOURIBIDANURU TALUK, CHIKKABALLAPUR DISTRICT - 561 208.

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SMT. MANJULA, D/O T. GANGADHARAPPA @ GAGADHARAIAH, AGED ABOUT 29 YEARS, R/AT. KOLURU VILLAGE, KASABA HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT - 561 203.

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SRI. J. N. MALLIKARJUN, S/O NANJUNDAPPA, AGED ABOUT 59 YEARS,

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SRI. CHANDRASHEKAR, S/O SOMASHEKAR, AGED ABOUT 37 YEARS,

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SRI. S. RAVIKUMAR, S/O SOMASHEKAR, AGED ABOUT 35 YEARS,

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RESPONDENT NO.12 TO 14 ARE R/AT DARGAJOGIHALLI, KASABA HOBLI, DODDABALLAPUR TALUK, BANGALORE RURAL DISTRICT - 561 203.

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SRI. KRISHNAPPA, S/O DODDAVENKATAPPA,

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4 - NC: 2023:KHC:24096 WP No. 3116 of 2023

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AGED ABOUT 63 YEARS, R/AT.NO.235, 31ST WARD, MUTHYALAMMA TEMPLE, SHANTHINAGARA, DODDABALLAPUR - 561 203.

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…RESPONDENTS

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(BY SRI. VENKATA SATYANARAYANA., HCGP FOR R1 TO 3)

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THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE ENTIRE RECORDS FORM THE OFFICE R1, IN LND/SCST(A)96/2018 DATED 18.04.22 AND IN PRCL/SR/(DBP)06/2014.15 DATED 16.03.2018 FROM THE R2 AT ANENXURE-A AND B AND ETC.,

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THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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The captioned petition is filed by the legal heir of the original grantee assailing the order of respondent No.2/Assistant Commissioner and respondent No.1/Deputy Commissioner, who have rejected the application seeking restoration of the land under Sections 4 and 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978, (for short "PTCL Act").

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5 - NC: 2023:KHC:24096 WP No. 3116 of 2023

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The short point that requires consideration at

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the hands of this Court is as to how the petitioner could have maintained the second application having suffered an order at the hands of this Court in W.P.No.17678/2000, where in the Co-ordinate Bench of this Court allowed the writ petition and set aside the order of restoration and the same is confirmed by the Division Bench of this Court in W.A.No.8220/2003.

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The issue as to whether the legal heirs can re-

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litigate the matter by filing a second application is dealt and decided by the Division Bench of this Court in the case of Narayanaswamy vs. District Commissioner, Bengaluru Urban District and Others reported in ILR 2020 kar 303 (kant). The Division Bench has held that the grantee or legal heirs cannot initiate fresh proceedings for second time on the same cause of action. The Division Bench has held that the second petition seeking restoration of the granted land is not maintainable.

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6 - NC: 2023:KHC:24096 WP No. 3116 of 2023

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In the light of law laid down by the Division Bench of this Court, respondent No.2/Assistant Commissioner was justified in rejecting the application and the said order is confirmed by respondent No.1/Deputy Commissioner. These concurrent orders does not suffer from any illegality.

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In view of discussion made supra, I proceed to

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pass the following:

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ORDER

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(i) The writ petition is devoid of merits and accordingly, stands dismissed;

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Sd/JUDGE

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HDK CT:STK

Sri Doddavenkatappa Since Dead by Lrs v. the Deputy Commissioner

Case brief

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Sri Doddavenkatappa Since Dead by Lrs v. the Deputy Commissioner

Case brief

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