Allowed

Sri Yellappa @ Yallappa Since Dead by His Legal Heir Sri Krishna v. the Deputy Commissioner

Karnataka HC23 Aug 2024WP/16803/2024

Case brief

AI extract

What is this about?

Petitioner challenged Deputy Commissioner's order dismissing appeal as abated due to non-joining of deceased grantee's legal representative. Court allowed writ petition, set aside order, and remitted matter for fresh consideration to include petitioner.

What did the court decide?

Impugned order set aside; matter remitted to Deputy Commissioner for fresh consideration; petitioner permitted to file application to come on record.

Sri Yellappa @ Yallappa Since Dead by His Legal Heir… — Property and Title | Karnataka HC (2024)

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1 - NC: 2024:KHC:33945 WP No. 16803 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE H.T. NARENDRA PRASAD WRIT PETITION NO. 16803 OF 2024 (SC-ST)

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BETWEEN:

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SRI YELLAPPA @ YALLAPPA SINCE DEAD BY HIS LEGAL HEIR SRI KRISHNA S/O LATE MUNIYAPPA AGED ABOUT 43 YEARS R/A NO. 20-1, GOLLAHALLI VILLAGE UTTHARAHALLI HOBLI, ANJANAPURA BANGALORE SOUTH TALUK BANGALORE - 560061.

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…PETITIONER

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(BY SRI. SRIKANTH N V.,ADVOCATE)

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AND:

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THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BANGALORE - 560003.

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Digitally signed by HEMALATHA A Location: HIGH COURT OF KARNATAKA

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THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION BANGALORE - 560003.

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SRI BYRAPPA S/O REDDAPPA AGED MAJOR R/A ANJANAPURA VILLAGE UTTHARAHALLI HOBLI BANGALORE SOUTH TALUK BANGALORE - 560061.

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SRI MANJUNATH S S/O L. NAGAPPA AGED MAJOR

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NC: 2024:KHC:33945 WP No. 16803 of 2024

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R/AT NO. 65, 16TH MAIN ROAD 34TH CROSS, JAYANAGARA 4TH T BLOCK BANGALORE - 560041.

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…RESPONDENTS

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(BY SRI. G.S. ARUNA., HCGP. FOR R1 & R2: NOTICE TO R3 IS DISPENSED WITH V/O DATED: 23.08.2024: NOTICE TO R4 IS SERVED & UNREPRESENTED)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 226 OF THE CONSTITUION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD 22.04.2024 PASSED BY THE R-1 IN CASE NO. PTCL240/2008-09 AS PER ANNEXURE-A AND REMAND THE MATTER BACK TO THE R-1 FOR PROPER ADJUDICATION OF T HE APPEAL IN ACCORDANCE WITH LAW AND ETC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE H.T. NARENDRA PRASAD

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ORAL ORDER

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In this writ petition, the petitioner has called in question the order dated 22.04.2024 passed by the respondent No.1, Deputy Commissioner vide Annexure-A, whereby the appeal filed by the grandfather of the petitioner has been dismissed as abated.

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3 - NC: 2024:KHC:33945 WP No. 16803 of 2024

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The case of the petitioner is that land bearing Sy.No.49, New No.112, measuring an extent of 2 acres situated at Uttarahalli Hobli, Anajanapura, Bangalore South was originally granted in favour of Mr.Yellappa (grandfather of the petitioner). One Mr.Byrappa by misusing the illiteracy and ignorance of Mr.Yellappa, got the said land registered in his favour, by violating the grant conditions. After the Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short “the Act”) came into force, Mr.Yellappa filed an application before the Assistant Commissioner under Section 5 of the Act for restoration of the land. The said application came to be dismissed by order dated 06.01.2009. Being aggrieved by the order passed by the Assistant Commissioner, Mr.Yellappa, original grantee filed an appeal before the Deputy Commissioner under Section 5A of the Act. During the pendency of the appeal, Mr.Yellappa died on 14.12.2013. Thereafter, by impugned order dated 22.04.2024, the said appeal came to be dismissed as abated only on the ground

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4 - NC: 2024:KHC:33945 WP No. 16803 of 2024

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that the legal representatives of deceased Yellappa are not brought on record. Being aggrieved by the impugned order passed by the Deputy Commissioner, the petitioner is before this Court.

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The original grantee, Mr.Yellappa, passed away living behind the petitioner as his sole legal representative. The petitioner is the grandson of Mr.Yellappa. The Deputy Commissioner has dismissed the appeal only on the ground of non-filing of application for bringing the legal representatives of deceased Yellappa on record. Notably, the petitioner, who is the only legal representative of deceased Yellappa has now filed the present petition before this Court challenging the impugned order passed by the Deputy Commissioner.

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In the interest of justice and considering the circumstances of the case, this Court is of the opinion that the matter warrants remand to the Deputy Commissioner for fresh consideration.

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5 - NC: 2024:KHC:33945 WP No. 16803 of 2024

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5. Accordingly, the following order is passed:

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ORDER

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a) The petition is allowed.

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b) The impugned order dated 22.04.2024 passed by the respondent No.1, Deputy Commissioner vide Annexure-A, is hereby set aside.

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c) The matter is remitted back to the Deputy Commissioner for fresh consideration.

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d) The petitioner is permitted to file an application before the Deputy Commissioner in PTCL No.240/2008-09 to come on record as the legal representative of deceased Yellappa, who was the original grantee.

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e) The Deputy Commissioner is directed to consider the application and dispose of the case on merits in accordance with law, after hearing the parties.

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Sd/(H.T. NARENDRA PRASAD) JUDGE

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List No.: 1 Sl No.: 40

Sri Yellappa @ Yallappa Since Dead by His Legal Heir Sri Krishna v. the Deputy Commissioner

Case brief

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Sri Yellappa @ Yallappa Since Dead by His Legal Heir Sri Krishna v. the Deputy Commissioner

Case brief

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