IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 26TH DAY OF APRIL, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.39820 OF 2011(KLR-RR/SUR) AND WRIT PETITION NOS.11752 TO 11754 OF 2012(KLR- RR/SUR) AND WRIT PETITION NOS.11755 TO 11757 OF 2012(KLR-RR/SUR) BETWEEN:
1. B.J.NAGABHUSHAN S/O LATE B.JANARDHAN BHAT, AGED ABOUT 60 YEARS, R/O BASARIKATTE – 577 114 MEGUNDA HOBLI, KOPPA TALUK, CHIKKAMAGALURU DISTRICT.
2. B.J.BHARATI W/O GURUMURTHY, AGED ABOUT 57 YEARS, R/O SIDDLAGATTA – 562 105 KOLAR DISTRICT.
3. B.J.KOWSALYA W/O SUDHAKAR, AGED ABOUT 53 YEARS, R/O MAKKIGADDHE – 577 114 TENGINAMANE POST, KOPPA TALUK, CHIKKAMAGALURU DISTRICT.
4. B.J.VENKATESH S/O LATE B.JANARDHAN BHAT, AGED ABOUT 50 YEARS, R/O NO.973, 7TH CROSS, 7TH MAIN, RAGHAVENDRA BLOCK, SRINAGAR, BENGALURU – 560 050.
5. B.J.SRIRANGA S/O LATE B.JANARDHAN BHAT, AGED ABOUT 45 YEARS, R/O BASARIKATTE – 577 114 MEGUNDA HOBLI, KOPPA TALUK, CHIKKAMAGALURU DISTRICT.
6. B.J.NARAYANA S/O LATE B.JANARDHAN BHAT, AGED ABOUT 43 YEARS, R/O CHANDRANABHA NILAYA, CHAPPARADAHALLI – 583 132 HOSAPETE TALUK, BALLARI DISTRICT.
7. B.J.RADHAKRISHNA S/O LATE B.JANARDHAN BHAT, AGED ABOUT 39 YEARS, R/O SJS COMPUTERS, MELINAPET – 577 126 THIRTHAHALLI ROAD, KOPPA TALUK, CHIKKAMAGALURU DISTRICT. ... PETITIONERS (BY SRI M.S.RAGHAVENDRA PRASAD, ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER CHIKKAMAGALURU DISTRICT, CHIKKAMAGALURU – 577 101.
2. SRI JANARDHAN SWAMY SEVA PRATHISTANA (SRI LAKSHMIKANTHA JANARDHAN SWAMY SEVA PRATHISTANA ® AT AND PEOST BASARIKATTE, KOPPA TALUK – 577 114 CHIKKAMAGALURU DISTRICT, REPRESENTED BY ITS SECRETARY.
... RESPONDENTS (BY SRI T.S.MAHANTHESH, AGA FOR R1 R2 IS SERVED AND UNREPRESENTED) ***** THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.5.2011 PASSED BY THE TRIBUNAL IN APPEAL NO.903 OF 2005 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL DISMISSING THE SAID APPEAL FILED BY THE PETITIONER VIDE ANNEXURE-K ETC., THESE WRIT PETITIONS COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The plea of the petitioners is that they are absolute owners of the house, cattle shed and two other sheds bearing Katha No.47 in Sl.No.68 of katha bnook and register No.90/91-92 of Attkudige Village Panchayath, Koppa Taluk in Sy.No.32 of Honnagundi village, Koppa Taluk. It is an ancestral property. Thereafter, the Tahsildar granted 1 acre 32 guntas in favour of the respondent trust. Thereafter a representation was made to the Deputy Commissioner in terms whereby the land granted to respondent was reduced to an extent of 10 guntas, that is, 1 acre 13 guntas. Being dissatisfied with the same, the petitioners filed an appeal before the Karnataka Appellate Tribunal. By the impugned order the same was rejected. Hence, these petitions.
2. The plea of the petitioners is based on the title to the property through the partition effected in the family. However, the Deputy Commissioner was of the view that in the absence of any valid document to establish the title, the petitioners cannot claim the same. Therefore, he was justified in allotting the land to the Trust.
3. On hearing learned counsels, I’am of the considered view that there is no merit in this petition. In case, the petitioners are in possession of the land in question they would have to initiate appropriate proceedings before the Civil Court to establish title. The suit filed by the plaintiff was only for bare injunction against the contesting respondents. The suit has been dismissed. Therefore, I find no error committed by the Deputy Commissioner in granting the lands to the second respondent in the absence of the petitioners establishing the title to the same. The impugned orders cannot be found fault with.
Consequently, the petitions being devoid of merit, are dismissed. Rule discharged.
Rsk/-
SD/- JUDGE