Disposed

Sri Muniyappa v. the Special Deputy COMMISSIONER-1

Karnataka HC6 Mar 2023WP/587/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka disposed of a writ petition under Articles 226 and 227, directing the Respondent Tahsildar to consider pending representations and pass an appropriate order within three months regarding the entry of legal heirs in revenue records for land in Bengaluru.

What did the court decide?

Directed the Respondent Tahsildar to consider pending representations and pass an appropriate order within three months.

Sri Muniyappa Vs the Special Deputy COMMISSIONER-1 — Land Acquisition | Karnataka HC (2023)

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1 - WP No. 587 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF MARCH, 2023

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BEFORE

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THE HON'BLE MR JUSTICE S.G.PANDIT WRIT PETITION NO. 587 OF 2023 (KLR-RES)

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BETWEEN:

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SRI MUNIYAPPA S/O LATE HANUMANTHARAYAPPA GRAND SON OF LATE MUNIHANUMAIAH AGED ABOUT 46 YEARS R/AT NO.35, 1^ST MAIN ROAD HEGGANALLI NEAR POOJAMMA TEMPLE BENGALURU-560091.

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Digitally signed by MARIGANGAIAH PREMAKUMARI Location: High Court of Karnataka

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SMT. JAYAMMA W/O HANUMANTHAPPA GRAND D/O LATE MUNIHANUMAIAH AGED ABOUT 44 YEARS R/A THAMMARASANALLI VILLAGE HESARAGHATTA T B POST HESARGHATTA HOBLI BENGALURU NORTH TALUK BENGALURU-560088.

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(BY MS. HEENA S.A., ADV. FOR SRI SANTOSH S GOGI, ADV.)

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…PETITIONERS

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AND:

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THE SPECIAL DEPUTY COMMISSIONER-1 BENGALURU NORTH SUB DIVISION BENGALURU DISTRICT KANDAYA BHAVANA K G ROAD BENGALURU-560009.

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THE STATE OF KARNATAKA REP. BY THE TAHSILDAR BENGALURU NORTH (ADDL)

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WP No. 587 of 2023

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MINI VIDHANA SOUDHA YELAHANAK BENGALURU NORTH TALUK BENGALURU-560063.

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…RESPONDENTS

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(BY SRI V SESHU, HCGP)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE R2 TO CONSIDER THE REPRESENTATIONS DATED 18.05.2018 (ENDORSED ON 21.05.2018) AND THE REPRESENTATION DATED 21.07.2022 ANNEXURES-E AND F AND TO COMPLY THE DIRECTIONS ISSUED BY THE SPECIAL DEPUTY COMMISSIONER-1 AS PER HIS ORDER DATED 11.07.2016 IN RRT/2/(NA) CR.671/2008-09 ANNEXURE-D 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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Learned High Court Government Pleader accepts

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notice for respondent Nos.1 and 2.

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Though the matter is listed for Preliminary

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Hearing, with the consent of learned counsel for the parties, matter is taken up for final disposal.

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Heard the learned counsel Ms.Heena.S.A., for Sri.Santosh S. Gogi, learned counsel for petitioners and learned High Court Government Pleader Sri.V.Seshu for respondents. Perused the writ petition papers.

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WP No. 587 of 2023

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Learned counsel for the petitioners would submit that petitioners are the legal heirs of one Sri.Munihanumaiah i.e., grandson and granddaughter. Sri.Munihanumaiah is said to be the original grantee of land in Sy.No.9/P1, Now Sy.No.9/P3 measuring to an extent of 2 acres, situated at Tammarasanahalli Village, Hesarghatta Hobli, Bengaluru (Addl.) Taluk, Bengaluru. Learned counsel would submit that the proceedings under Section 136 (3) of the Karnataka Land Revenue Act, 1964 (for short 1964 Act) was initiated before the Special Deputy Commissioner against the LRs of Sri.Munihanumaiah and the said proceedings were dropped under order dated 11.07.2016 in RRT/2/(NA)CR.671/2008-09 (Annexure-D). Learned counsel would further submit that Special Deputy Commissioner had further directed the Special Tahasildar, Bengaluru North (Addl.) Taluk, Bengaluru to take necessary action in respect of the land standing in the name of Sri.Munihanumaiah to an extent of 2 acres in

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Sy.No.9/P3 and to take steps to enter the names of

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WP No. 587 of 2023

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respondent Nos.1(a) to 1(j) to the order at Annexure-D. Learned counsel would further submit that in that regard, petitioners have submitted representations at Annexures-E and F dated 18.05.2018 and 21.07.2022 respectively and it is submitted that those representations are pending and no action is taken on the representations in pursuance to order of the Special Deputy Commissioner at Annexure-D dated 11.07.2016.

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Learned High Court Government Pleader on the other hand would submit that order at Annexure-D is to enter the names of legal heirs 1(a) to 1(j) and the petitioners cannot seek entry of name in respect of land in question in their favour. However, he further submits that the petitioners will have to prove that they are the legal representatives of the original grantee Sri.Munihanumaiah.

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The petitioners claim that they are the legal heirs of original grantee Sri.Munihanumaiah in respect of the land in question i.e., Sy.No.9/P3 to an extent of 2 acres, situated at Tammarasanahalli Village, Hesarghatta

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WP No. 587 of 2023

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Hobli, Bengaluru North (Addl.) Taluk, Bengaluru. A perusal of Annexure-D, order of the Special Deputy Commissioner dated 11.07.2016 in RRT/2/(NA)CR.671/2008-09 would indicate that the Special Deputy Commissioner dropped the proceedings initiated against petitioners therein under Section 136(3) of 1964 Act. The order portion reads as follows:

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“In view of the facts and reasons stated herein above, these proceedings initiated against the respondents herein in respect of the land in S.No.9/P3 measuring 2A.00 situated at Thammarasanahalli village, Hesaraghatta Hobli, Bangalore North (Addl.) Taluk, are liable to be dropped. Accordingly, these proceedings are dropped.

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The Special Tahsildar, Bangalore North (Addl.) Taluk, Bangalore, is hereby directed to take necessary action in respect of the land standing in the name of Sri.Munihanumaiah to an extent of 2.00 Acres in survey No.9/P3 situated at Thammarasanahalli Village, Hesaraghatta Hobli, Bangalore North (Addl.) Taluk, Bangalore, shall be effected in the

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WP No. 587 of 2023

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names of respondents at Sl.Nos.1(a) to 1(j) herein as they claim to be the legal heirs of late Sri.Munihanumaiah.”

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In terms of the above order, the Special Deputy Commissioner needs to take action to enter the names of the respondents therein i.e., 1(a) to 1(j) in the revenue records in respect of the lands in question. As contended by the learned High Court Government Pleader, it is necessary for the petitioners and respondent Nos.1(a) to 1(j) in Annexure-D, order of the Special Deputy Commissioner, to place material to establish that they are legal representatives of Sri.Munihanumaiah, original grantee. Since the Special Tahasildar is obliged to take action in pursuance to the order passed by the Special Deputy Commissioner at Annexure-D dated 11.07.2016, I pass the following:

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ORDER

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The second respondent-Tahasildar is directed to consider representations at

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Annexures-E and F 18.05.2018 and 21.07.2022

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WP No. 587 of 2023

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respectively in the light of the order at Annexure-D dated 11.07.2016 in RRT/2/(NA)CR.671/2008-09 and pass appropriate order in accordance with law, within a period of three months from the date of receipt of a copy of this order.

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With the above, writ petition stands disposed of.

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Sd/JUDGE

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NC CT:bms List No.: 1 Sl No.: 21

Sri Muniyappa v. the Special Deputy COMMISSIONER-1

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Sri Muniyappa v. the Special Deputy COMMISSIONER-1

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