Allowed

Smt. Lagumakka v. Deputy Commissioner

Karnataka HC30 Oct 2024WP/8665/2023

Case brief

AI extract

What is this about?

Competing writ petitions over revenue mutation entries for lands in Sy.Nos.138/1 and 136/2. The Deputy Commissioner's revision orders and the Assistant Commissioner's appeal order were set aside; the matter was remanded to the Assistant Commissioner to decide afresh with the delay condonation application.

What did the court decide?

Orders dated 12.12.2022, 19.01.2019 and 24.09.2016 set aside; matter remanded to Assistant Commissioner for fresh disposal with delay condonation application, within nine months.

Smt. Lagumakka Vs Deputy Commissioner — Property and Title | Karnataka HC (2024)

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NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30^TH DAY OF OCTOBER, 2024 BEFORE

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THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO.8665 OF 2023 (KLR-RES) C/W WRIT PETITION NO.6391 OF 2019 (KLR-RR/SUR)

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IN WP.No.8665/2023:

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BETWEEN:

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SMT.LAGUMAKKA

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W/O.LATE SUBBARAYAPPA/SIDDAPPA

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AGED ABOUT 56 YEARS

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R/AT CHIKKAMALLEKERE VILLAGE

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THONDEBAVI HOBBLE

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BEVINAHALLI PANCHAYAT GOWRIBIDANUR TALUK

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CHIKKABALLAPURA DISTRICT-561 213

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…PETITIONER

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(BY SRI MOHAN KUMAR D., ADVOCATE)

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AND:

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Digitally signed by CHAITHANYA K Location: High Court of Karnataka

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DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE BENGALURU RURAL DISTRICT-562 110

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SMT.AKKAMMA @ AKKACHIKKAMMA W/O.LATE CHIKASALLAPURAPPA AGED ABOUT 54 YEARS R/AT NAGEBAHALLI VILLAGE TUBAGERE HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT-561 203

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION DODDABALLAPURA BENGALURU RURAL DISTRICT-561 203

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NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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THE TAHSILDAR DODDABALAPURA DODDABALAPURA TALUK BENGALURU RURAL DISTRICT-561 203

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…RESPONDENTS

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(BY SMT.B.P.RADHA, AGA FOR R-1, R-3 & R-4; SRI S.G.HEGDE, ADVOCATE FOR R-2)

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THIS WRIT PETITION IS FILED UNDER ARTICLE 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET-ASIDE/QUASH THE ORDER DATED 12.12.2022 IN REVISION PETITION NO. 81/2016-17 PASSED BY THE DEPUTY COMMISSIONER AND DISTRICT MAGISTRATE, BENGALURU RURAL DISTRICT VIDE ANNEXURE-E AND CONFIRM THE ORDER DATED 19.01.2019 PASSED BY RESPONDENT NO.1 IN REVISION PETITION NO.81/2016-17 VIDE ANNEXURE-D.

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IN WP.NO.6391/2019:

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BETWEEN:

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SMT.AKKAMMA @ AKKACHIKKAMMA W/O.LATE CHIKKASALLAPURAPPA AGED ABOUT 83 YEARS R/AT NEGENAHALLI VILLAGE TOOBAGERE HOBLI DODDABALLAPUR TALUK BENGALURU RURAL DISTRICT-561 203

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...PETITIONER

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(BY SRI S.G.HEGDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY ITS SECRETARY DEPARTMENT OF REVENUE VIKASA SOUDHA BENGALURU-560 001

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3 - NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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THE DEPUTY COMMISSIONER & DISTRICT MAGISTRATE

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BENGALURU RURAL

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BENGALURU RURAL DISTRICT-560 001

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THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA RURAL DISTRICT-561 203

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THASILDAR DODDABALLAPURA TALUK DODDABALLAPURA RURAL DISTRICT-561 203

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SMT.LAGUMAKKA W/O.LATE SIDDAPPA AGED ABOUT 55 YEARS CHIKKAMALLEKERE VILLAGE TONDEBHAVI HOBLI BEVINAHALLI PANCHAYATH GOURIBIDANUR TALUK CHIKKABALLAPUR DISTRICT-562 101

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… RESPONDENTS

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(BY SMT.B.P.RADHA, AGA FOR R-1 TO R-4; SRI MOHAN KUMAR D., ADVOCATE FOR R-5)

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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 19.01.2019 PASSED IN REVISION PETITION NO.81/2016-17 BY RESPONDENT NO.2 VIDE ANNEXURE-N AND THE ORDER DATED 24.9.2016 PASSED IN CASE NO.RA(DO)22/2015-16 BY RESPONDENT NO.3 VIDE ANNEXURE-F.

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THESE PETITIONS ARE COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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CORAM: HON'BLE MR JUSTICE M.I.ARUN

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COMMON ORDER

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The dispute pertains to recording of revenue entries in respect of certain lands in Sy.Nos.138/1 and 136/2 situated at Hadonahalli Village, Thoobagere Hobli, Doddaballapura Taluk, Bengaluru Rural District. Both contesting parties are claiming the rights over the properties and have prayed for the revenue entries regarding the lands should stand in their names.

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WP.No.8665/2023 is filed by respondent No.2 and WP.No.6391/2019 is filed by the petitioner in the proceedings before the Deputy Commissioner.

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For the sake of convenience, the parties are referred to as per their status in WP.No.8665/2023.

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The name of respondent No.2 was mutated in the revenue records in respect of the lands in question. After lapse of about 17 years, the petitioner challenged the same before respondent No.3-Assistant Commissioner.

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NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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She had also filed a delay condonation application. Respondent No.2 was placed ex parte in the said proceedings. Respondent No.3-Assistant Commissioner, without passing any order on the application filed for condonation of delay, allowed the said appeal filed by the petitioner.

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Aggrieved by the order passed by respondent No.3Assistant Commissioner, respondent No.2 preferred a revision before respondent No.1-Deputy Commissioner. By an order dated 19.01.2019, the revision filed by respondent No.2 was dismissed. However, the said order was passed on a day when the case was advanced without notice to respondent No.2 and also without hearing her. Hence, respondent No.1-Deputy Commissioner by invoking powers under Section 25 of the Karnataka Land Revenue Act, 1964, recalled the said order and has passed another order on 12.12.2022, wherein the revision petition has been allowed on the ground that the order passed by respondent No.3-Assistant Commissioner is without

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6 - NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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considering the application for condonation of delay and the said order passed by respondent No.3-Assistant Commissioner has been set-aside. Respondent No.1Deputy Commissioner has not passed the order on merits.

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Aggrieved by the order of respondent No.1-Deputy Commissioner, which is dated 12.12.2022, respondent No.2 has preferred WP.No.8665/2023 and aggrieved by the order passed by respondent No.1-Deputy Commissioner on 19.01.2019, the petitioner has preferred WP.No.6391/2019.

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In the light of the subsequent order passed on 12.12.2022, WP.No.6391/2019 has become infructuous and the same is accordingly dismissed .

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In respect of WP.No.8665/2023, as already mentioned above, the impugned order dated 12.12.2022 is not passed on merits, but on the sole ground that respondent No.3-Assistant Commissioner has allowed the

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7 - NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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appeal filed by respondent No.2 without condoning the delay of around 17 years in preferring the said appeal.

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Learned Additional Government Advocate, upon instructions, submits that the petitioner had indeed filed a delay condonation application before respondent No.3Assistant commissioner and respondent No.3-Assistant Commissioner has not passed any orders on the application for condonation of delay. She further submits that in the said proceedings, respondent No.2 herein was placed ex parte .

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Under the given facts and circumstances of the case,

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I am of the opinion that interest of justice would be met, if the orders passed by respondent No.1-Deputy Commissioner and respondent No.3-Assistant

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Commissioner are set-aside and the matter is remanded back to respondent No.3-Assistant Commissioner to consider the appeal filed by the petitioner afresh along with the application filed for condonation of delay and by

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8 - NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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giving an opportunity for both parties to submit their case before him. Hence, the following:

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ORDER

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i) WP.No.8665/2023 is allowed ;

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ii) The impugned order dated 12.12.2022 passed in Revision Petition No.81/2016-17 by respondent No.1-Deputy Commissioner vide Annexure-E to the writ petition is hereby set-aside;

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iii) The impugned order dated 19.01.2019 passed in Revision Petition No.81/2016-17 by respondent No.1-Deputy Commissioner is hereby set-aside;

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iv) The order passed in case No.RA(DO) 22/2015-16 dated 24.09.2016 by respondent No.3-Assistant Commissioner is hereby set-aside;

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v) The matter is remanded back to respondent No.3Assistant Commissioner with a direction to consider the case of the parties and pass appropriate orders in accordance with law as expeditiously as possible, but not later than nine

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9 - NC: 2024:KHC:43796 WP No. 8665 of 2023 C/W WP No. 6391 of 2019

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(09) months from the date of receipt of a certified

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copy of this order;

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vi) The petitioner and respondent No.2 shall appear before respondent No.3-Assistant Commissioner without further notice on 20.11.2024 at 3.00 p.m.

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Pending interlocutory application, if any, stand

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disposed of.

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SD/(M.I.ARUN) JUDGE

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List No.: 1 Sl No.: 1

Smt. Lagumakka v. Deputy Commissioner

Case brief

What is this about?

What did the court decide?

Smt. Lagumakka v. Deputy Commissioner

Case brief

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What did the court decide?

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