Sri B N Krishnaiah Vs the State of Karnataka

THE STATE OF KARNATAKA REVENUE DEPARTMENT, 5^TH FLOOR, MULTI-STORIED BUILDING, K.R. CIRCLE, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001. REP. BY ITS SECRETARY.

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THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G.ROAD, BENGALURU - 560 001.

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THE ASSISTANT COMMISSIONER BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 001.

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THE TAHSILDAR BENGALURU SOUTH SUB-DIVISION, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 001.

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SRI. H.M. RAMAKRISHNAPPA S/O LATE DODDA MUNIYALAPPA, AGED ABOUT 67 YEARS, R/AT NO.92, HULIMAVU VILLAGE, BEHIND SHAMBULINGESHWARA TEMPLE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. H.M. ANNAYYAPPA S/O LATE SALVADI MUNISWAMAPPA, AGED ABOUT 75 YEARS, R/AT A.K. COLONY, HULIMAVU VILLAGE, BEHIND SHAMBULINGESHWARA TEMPLE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. L. KRISHNAPPA S/O LATE LINGAPPA @ NINGAPPA, AGED ABOUT 63 YEARS, R/AT A.K.COLONY, HULIMAVU VILLAGE, BEHIND SHAMBULINGESHWARA TEMPLE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. L. SAMPANGIRAMAIAH S/O LATE LINGAPPA @ NINGAPPA, AGED ABOUT 58 YEARS, R/AT A.K.COLONY, HULIMAVU VILLAGE, BEHIND SHAMBULINGESHWARA TEMPLE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. H.R. JAGADISH S/O KRISHNAPPA AGED ABOUT 40 YEARS, RESIDING AT NO.92, HULIMAVU VILLAGE, BEHIND SHAMBULINGESHWARA TEMPLE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. NAVEEN KUMAR S/O NAGARAJ, AGED ABOUT 33 YEARS, R/AT A.K.COLONY, HULIMAVU VILLAGE, BEHIND SHAMBULINGESHWARA TEMPLE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. M. RAMALINGA S/O LATE MUNIVENKATAPPA, AGED ABOUT 42 YEARS, R/AT JANATHA COLONY, 4^TH CROSS, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SMT. YALLAMMA W/O LATE YALLAPPA, AGED ABOUT 70 YEARS, R/AT KODANDARAMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SMT. MUNIYALLAMMA D/O LATE THOTI YALLAPPA, AGED ABOUT 65 YEARS, R/AT KODANDARAMA TEMPLE ROAD,

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HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. RAGHU S/O LATE MUNIYALLAPPA, GRANDSON OF LATE THOTI YALLAPPA, AGED ABOUT 41 YEARS, R/AT KODANDARAMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. SHEKHAR S/O LATE MUNIYALLAPPA, GRANDSON OF LATE THOTI YALLAPPA, AGED ABOUT 37 YEARS, R/AT KODANDARAMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. MUNIKRISHNAPPA S/O LATE THOTI YALLAPPA, AGED ABOUT 60 YEARS, R/AT KODANDARAMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SMT. CHOWDAMMA D/O LATE THOTI YALLAPPA, AGED ABOUT 50 YEARS, R/AT KODANDARAMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SRI. UDAY KIRAN M. S/O MUNIKRISHNA Y., AGED ABOUT 24 YEARS, R/AT NO.163, KODANDARAMA TEMPLE ROAD, HULIMAVU VILLAGE, BANNERGHATTA MAIN ROAD, BENGALURU - 560 076.

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SMT. M. MANJULA D/O MUNIYALLAPPA,

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W/O V. VENKATESH, AGED ABOUT 43 YEARS, RESIDING AT NO.1703, YELLUKUNTE, H.S.R LAYOUT, 3^RD SECTOR, BENGAURU - 560 068.

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DIRECTOR, STATE INTELLIGENCE, BENGALURU STATE INTELLIGENCE TRAINING ACADEMY, OPP. TO MEENAKSHI TEMPLE, BANNERUGHATTA MAIN ROAD, HULIMAVU, BENGALURU - 560 076. REP. BY ITS ASSISTANT DIRECTOR (ADMIN).

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…RESPONDENTS

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(BY SRI. SPOORTHY HEGDE N., HCGP R1 TO R4 AND R20; V/O DATED 19.11.2024, NOTICE TO R5 TO R19 IS DISPENSED WITH)

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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 17^TH AUGUST, 2024 PASSED IN CASE NO.R.P.331/2021 BY THE RESPONDENT NO.2 VIDE ANNEXURE-T INSOFAR AS IT RELATES TO REJECTION OF CLAIM OF THE PETITIONERS HEREIN WITH RESPECT TO SURVEY NO.63, MEASURING 5 ACRE 10 GUNTAS OF HULIMAVU VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK; DIRECT THE RESPONDENT NO.4 TO MAKE NECESSARY ENTRIES IN THE REVENUE RECORDS BY RESTORING THE KATHA WITH RESPECT TO SURVEY NO.63, MEASURING 5 ACRES 10 GUNTAS OF HULIMAVU VILLAGE, BEGUR HOBLI, BENGALURU SOUTH TALUK TO THE EXTENTS GRANTED IN FAVOUR OF THE PETITIONERS RESPECTIVELY; AND ETC.

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THIS PETITION COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH

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ORAL ORDER

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In this petition, petitioners are challenging the order dated 17^th August, 2024 (Annexure-T) passed by the respondent No.2-Deputy Commissioner in Case No.R.P.331/2021 insofar as it relates to rejection of claim of petitioners with respect to Survey No.63 measuring 5 acre 10 guntas situate at Hulimavu Village, Begur Hobli, Bengaluru.

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The relevant facts for adjudication of this petition are that, petitioners 1 to 3 claim to be the owners in possession of the land bearing Survey No.63 of Hulimavu Village, Begur Hobli, Bengaluru South Taluk to an extent of 2 acres, 3 acres and 10 guntas respectively. It is the case of the petitioners that, after the grant made in favour of petitioners, Saguvali Chit was issued on 29^th November, 1979 (Annexures 'D', 'E' and 'F') and the revenue records stand in the name of petitioners as per Annexures 'H'. It is the grievance of the petitioners that, though the subject land has been granted in favour of petitioners, respondent No.20 has made an application to the respondent-Government, seeking grant of land for the purpose construction of building for State Intelligence Training Academy. In pursuance of the same, the respondent No.2,

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issued Official Memorandum dated 09^th February, 2022 (Annexure-R) and Possession Certificate dated 03^rd March, 2022 (Annexure-S) came to be issued by the respondent No.4Tahsildar in favour of the respondent No.20. It is also averred in the petition that, one of the grantees in the very same Survey No.63 of Hulimavu Village, Begur Hobli, Bengaluru South Taluk had approached this Court in Writ Petition No.8168 of 2022 and the co-ordinate Bench of this Court, by order dated 21^st April, 2022 (Annexure-C), set-aside the order passed by the respondent No.2, by remitting the matter to the respondent No.2 to consider afresh the claim of the petitioner therein, after giving an opportunity of hearing to all the parties concerned. In pursuance of the same, the respondent No.2 conducted the proceedings in R.P. No.331/2021 and thereby made an observation with regard to the land which has been granted in favour for petitioners herein, who were impleaded as respondents 7 to 9, after a period of more than forty five years from the date of grant made by the competent authority. Therefore, petitioners presented this petition.

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Heard Sri. D.R. Ravishankar, learned Senior Counsel on behalf of Sri. Radhanandan B.S., appearing for

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petitioners and Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 4 and 20.

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Sri. D.R. Ravishankar, learned Senior Counsel

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appearing for petitioners, by referring to the Certificate of Grant of Saguvali Chit dated 29^th November, 1979 (Annexures 'D', 'E' and 'F') contended that the respondent No.2 in the impugned order dated 17^th August, 2024 (Annexure-T) passed in Case No.R.P.331/2021, to facilitate the grant of land in favour of the respondent No.20, had interfered with the land granted in favour of petitioners herein. By referring to orders dated 21^st April, 2022 (Annexures 'B' and 'C') passed by this Court, in Writ Petition Nos.22585 of 2021 and 8168 of 2022, learned Senior Counsel submits that the petitioners herein were not the parties before this Court in the above petitions and therefore, the respondent-Authorities have no locus standi to consider the case of petitioners herein as to the grant made in their favour during the year-1979. Accordingly, learned Senior Counsel sought for interference of this Court.

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Per contra, Sri. Spoorthy Hegde N., learned High Court Government Pleader appearing for respondents 1 to 4

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and 20 submitted that, subject land is considered in terms of Government Order dated 02^nd February, 2022 (Annexure-Q) for the purpose of construction of building for State Intelligence Training Academy. Accordingly, he sought for dismissal of the petition.

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In the light of submission made by learned counsel appearing for the parties, on careful consideration of the material on record, it is forthcoming that the subject land has been granted in favour of petitioners as per Certificate of Grant of Saguvali Chit dated 29^th November, 1979 (Annexures 'D', 'E' and 'F') and revenue records stand in the name of petitioners. It is also forthcoming from the writ petition that the mutation of the subject land has been made in favour of petitioners as per MR No.4/1989-90 produced at Annexure-G. In the meanwhile, the respondent No.1-Government, by Government Order dated 02^nd February, 2022 (Annexure-Q) had allotted subject land in favour of the respondent No.20 for the purpose of construction of building for State Intelligence Training Academy without there being any order as to cancellation of the grant made in favour of petitioners.

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It is also forthcoming from the writ petition that,

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some of the grantees in the very same land have approached this Court in Writ Petition Nos.22585 of 2021 and this Court, by order dated 21^st April, 2022, held that the issuance of Possession Certificate is subject to the decision of the respondent-Deputy Commissioner in Revision Petition No.331/2021 as per directions issued by this Court in Writ Petition No.8168 of 2022. The operative portion of order dated 21^st April, 2022 (Annexure-C) passed by this Court in Writ Petition No.8168 of 2022 reads as under:

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"ORDER

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i. The impugned order dated 05.04.2022 passed in Revision Petition No.331/2021 vide Annexure-A to the writ petition is hereby set aside.

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ii. The matter is remitted back to respondent No.2Deputy Commissioner to consider the same afresh after giving an opportunity to all the parties concerned in accordance with law;

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iii. It is made clear that respondent No.2 is at liberty to decide as to whether the revenue entries in respect of the properties, which is the subject matter of the writ petition should be mutated in the name of the petitioner herein or respondents No.512 or the Government.

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iv. The parties shall appear before respondent No.2Deputy Commissioner on 12.05.2022 without any further notice."

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(emphasis supplied)

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On perusal of the aforementioned order passed by

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this Court, it is forthcoming that the direction was issued to the respondent No.2-Deputy Commissioner to consider the case of petitioner therein, after giving an opportunity to all the parties concerned. Indisputably, petitioners herein were not parties before this Court in the aforementioned writ petitions, however, after the matter was remitted to the respondent No.2, the petitioners herein were impleaded as respondents 7 to 9 and the respondent No.20 herein as respondent No.6 in the impugned proceedings. The respondent No.2-Deputy Commissioner, after considering the material on record, had given a finding that the grant made in favour of petitioners is suspected and accordingly, taken decision to cancel the same. Taking into consideration the fact that the grant was made in favour of the petitioners during the year-1979, I am of the view that the respondent No.2 has no authority under law to interfere with the order of grant made in favour of petitioners after a lapse of forty five years. Though this Court, remitted

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the matter to the respondent No.2 in Writ Petition No.8168 of 2022 disposed of on 21^st April, 2022 (Annexure-C), petitioners herein were not parties to the proceedings and that apart, petitioners herein have been granted the subject land during the year-1979. Therefore, I am of the considered opinion that the respondent No.2, without there being considered the material on record had interfered with the grant of land made in favour of petitioners. On perusal of the impugned order dated 17^th August, 2024 (Annexure-T) passed in Case No.R.P.331/2021, it is forthcoming that the respondent No.2 has not verified any original records available in the office in respect of the grant of land made in favour of petitioners. Accordingly, the petitioners have made out a case for interference in the present petition. Hence, the following:

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O R D E R

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(i) Writ Petition allowed;

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(ii) Order dated 17^th August, 2024 (Annexure-T) passed by the respondent No.2-Deputy Commissioner in Case No.R.P.331/2021 in respect of the schedule property belonging to the petitioners is hereby set-aside;

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(iii) The respondent No.4-Tahsildar is directed to restore the mutation and RTC entries in the name of petitioners in respect of the schedule property within a period of one month from the date of receipt of this order.

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SD/(E.S. INDIRESH) JUDGE

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ARK List No.: 1 Sl No.: 44

Sri B N Krishnaiah v. the State of Karnataka

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Sri B N Krishnaiah v. the State of Karnataka

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