IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR W.P. NOs.57918-57919/2015 (LR-RES) BETWEEN:
1 . SHRI. ASHWATHAIAH S/O LATE THIMMAIAH AGED ABOUT 48 YEARS.
2 . SMT. SHIVARATHNAMMA D/O LATE THIMMAIAH AGED ABOUT 37 YEARS.
BOTH ARE RESIDING AT THIMMASANDRA VILLAGE & POST KOOTAGAL HOBLI, RAMANAGARAM TALUK, RAMANAGAR DISTRICT - 562 159.
...PETITIONERS (BY SRI. SUMANGALA A SWAMY, ADVOCATE) AND:
1 . DEPUTY COMMISSIONER RAMANAGAR DISTRICT RAMANAGAR - 562 159.
2 . SHRI. CHOWDEGOUDA SINCE DEAD BY HIS LRS:
2(a) SMT. PARVATHAMMA W/O CHOWDEGOUDA MAJOR.
2(b) C. RAVINDRA S/O CHOWDEGOUDA MAJOR.
4(c) CHIKKEGOUDA @ LOKESH S/O CHOWDEGOUDA MAJOR.
ALL ARE RESIDING AT THIMMASANDRA VILLAGE & POST KOOTAGAL HOBLI, RAMANAGAR TALUK, RAMANAGAR DISTRICT - 562 159.
…RESPONDENTS (BY SRI. A.C. BALARAJ, AGA FOR R-1;
SRI. VINAY, ADVOCATE FOR SRI NAGAIAH, ADVOCATE, FOR R-2(a-c)) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY THE R-1 DATED:30.06.2010 PASSED IN CASE NO.LRF/INM/9/7-8 PRODUCED VIDE ANNXURE- D INTEREST OF JUSTICE.
THESE PETITIONS COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have called in question correctness and legality of the order dated 30.06.2010 passed in LRF/INM/9/7-8 passed by first respondent (Annexure- D).
2. I have heard Smt.Sumangala A Swamy, learned Advocate appearing for petitioners, Sri A.C.Balaraj, learned AGA appearing for respondent-1 and Sri Vinay, learned Advocate appearing on behalf of Sri Nagaiah for respondents-2(a) to 2(c). Perused the records.
3. Land bearing Sy.No.121 of Melehalli village, Ramanagar Taluk measuring 10 acres 22 guntas including 12 guntas of kharab is the subject matter of this dispute. Father of petitioners and others who were cultivating said land as tenants are said to have approached the jurisdictional land Tribunal for grant of occupancy rights and for registering them as occupants of said land which was belonging to Sri Arakeshwaraswamy Temple, Ramanagara. On Karnataka Certain Inams Abolition Act, 1977 coming into force, application of petitioners stood transferred to the tribunal. On 18.05.1982, land tribunal passed an order holding that second respondent was the occupant of said land under Section 6 of the Karnataka (Religious and Charitable) Inams Abolition Act. Aggrieved by said order of the land tribunal, father of petitioners and others filed W.P.Nos.19012-21/1982 before this court and by order dated 16.06.1985 this court remitted the matter back to the land tribunal for fresh adjudication. Thereafter, land tribunal, by order dated 16.06.1986 rejected the claim of petitioners’ father and others, which came to be challenged before appellate tribunal in LRF/172/86 and on abolition of the Land Reforms Appellate Tribunal, matter came up before this court in C.P.No.9164/1991, which was converted into W.P.No.26915/1996. Co-ordinate Bench of this court allowed the said writ petition by order dated 18.11.2006 (Annexure-A) and remitted the matter to Special Deputy Commissioner, Bangalore Rural District for conducting fresh enquiry and directed the tribunal to afford reasonable opportunity of hearing to both parties, since land tribunal did not possess jurisdiction over inam lands.
4. On remitting the matter, first respondent herein adjudicated the claims afresh by issuing notices and on account of certain parties having expired, their legal representatives were also brought on record. However, parties filed a compromise petition dated 21.04.2010 under Order 23 Rule 3 CPC before Deputy Commissioner vide Annexure-C stating thereunder that matter has been amicably settled between parties as per the terms set out therein and are in possession of portion of the land as per the sketch prepared by the jurisdictional revenue authorities. Said compromise petition came to be accepted by first respondent – Deputy Commissioner and giving effect to the terms agreed to between the parties, impugned order came to be passed on 30.06.2010 (Annexure-D). Since there were typographical errors in the impugned order dated 30.06.2010, same was corrected by amendment. Assailing the same, petitioners are before this court.
5. Smt.Sumangala A Swamy, learned Advocate appearing for petitioners is correct and justified in contending that Deputy Commissioner giving effect to the compromise petition has erroneously passed the impugned order, inasmuch as, compromise petition which is at Annexure-C, undisputedly, does not contain the signature of petitioners though their names are reflected in the compromise petition at page No.4. Thus, impugned order passed by first respondent on this score, would not stand the test of law insofar as petitioners are concerned.
6. Though, learned Advocate appearing for respondents-2(a) to 2(c) would try to support the impugned order by contending that Deputy Commissioner has passed the impugned order not only on the basis of compromise petition, but also on the basis of sketch prepared by revenue authorities which is not in dispute, this court is not inclined to accept said contention for the simple reason that sketch (Annexure-B) relied upon does not form part and parcel of compromise petition and even otherwise, petitioners not being signatories to the compromise petition, they cannot be made to accept the same or order passed pursuant thereto namely, impugned order dated 30.06.2010 (Annexure-D). Hence, impugned order is required to be quashed.
For the reasons aforestated, I proceed to pass the following:
ORDER (i) Writ petitions are allowed.
(ii) Order dated 30.06.2010 passed by first respondent in LRF/INM/9/07-08 insofar as allotment of land to the parties in Sy.No.121 of Melehalli village is concerned, is hereby quashed.
(iii) Proceedings is remitted back to first respondent for fresh disposal on merits and in accordance with law. Both parties are at liberty to arrive at further settlement.
(iv) First respondent shall expeditiously conclude the proceedings, at any rate, within six months from the date of receipt of copy of this order.
*sp SD/- JUDGE