IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.11429/2012 (LR- SEC-77) BETWEEN BRAMHASHREE NARAYANA GURUSWAMY BILLAVA ASSOCIATION (REGD), REPRESENTED BY ITS PRESIDENT SRI DIVAKARA S/O LATE M PAKEERAPPA AGED 65 YEARS VINDYA HOUSE, APOORVA LAYOUT ARAYAPU VILLAGE PUTTUR TALUK D K DISTRICT ... PETITIONER (BY SRI K RAVISHANKAR, ADVOCATE ) AND 1. THE LAND TRIBUNAL REP BYITS CHAIRMAN PUTTUR TALUK DK DISTRICT 2. SREE K RAMACHANDRA ACHRAYA SINCE DEAD BY HIS LRS.
2(a) K MALLESHA KUMAR S/O K RAMACHANDRA ACHARYA AGED 51 YEARS 2(B) K PREMALATHA D/O K RAMACHANDRA ACHARYA AGED 45 YEARS 2(C) K PUSHPALATHA D/O K RAMACHANDRA ACHARYA AGED 41 YEARS 2(D) K SRILATHA D/O K RAMACHANDRA ACHARYA AGED 38 YEARS 2(E) K SURESHA KUMAR S/O K RAMACHANDRA ACHARYA AGED 35 YEARS ALL ARE RESIDING AT ACHARYA COMPOUND, NEAR RADHKRISHNA MANDHIR, PUTTUR KASABA VILLAGE, PUTTUR TALUK, D.K.DISTRICT 574201.
3. VENKATARAMANA ACHARYA S/O LATE SUBBARAYA ACHARYA 3(A) JAYANTHI ACHARYA W/O VENKATRAMANA ACHARYA AGED 72 YEARS 3(B) POORNIMA D/O VENKATARAMANA ACHARYA MAJOR, 3(C) PRATHIMA D/O VENKATARAMANA ACHARYA MAJOR, 3(D) RAJESHWARI D/O VENKATARAMANA ACHARYA MAJOR, ALL ARE RESIDING AT MAHALINGESHWARA KRIPA, SHIVAJI NAGAR, UJJIRE, BELTHANGADY TALUK, D. K. DISTRICT 575412 4. BALAKRISHNA ACHRYA S/O LATE SUBBARAYA ACHRYA R/AT NEAR K R MANDIR PUTTUR KASABA PUTTUR TALUK D K DISTRICT 5. SHREE RAJA RAJESWARI DEVARU SHREE RAGHU RAM RAO, SINCE DEAD.
REP. BY ITS MANAGING TRUSTEE, BAPPALAGI VILLAGE, PUTTUR TALUK, D. K. DISTRICT. ... RESPONDENTS (BY SRI G.RAVISHANKAR SHASTRY, ADVOCATE FOR R2(a to e) AND R3(a to d), R4 & R5 ARE SERVED BUT REMAIN UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DT.31.7.2002, PASSED IN LRF.NO.71/99-2000 BY RURAL PUTTUR THE 1ST RESPONDENT (PRODUCED VIDE ANNEXURE-A).
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER This writ petition is filed impugning the order dated 31.7.2002 in proceedings No.LRF.71/1999-00 (village: Puttur Kasaba) on the file of the Competent Authority, Puttur Taluk, Dakshina Kannada. The said proceedings was initiated pursuant to an application filed by the 2nd respondent herein seeking occupancy right in respect of 14 cents of land in Sy.No.71/8A of Puttur Kasaba village, Puttur Taluk, Dakshina Kannada.
2. Admittedly, the claim of 2nd respondent by filing an application in Form No.7A pursuant to amended provisions of Section 77A of the Karnataka Land Revenue Act, 1961, was allowed, wherein occupancy right to an extent of 2 ½ cents in Sy.No.71/8A1(P1) was conferred in favour of Ramachandra Acharya – 2nd respondent, an extent of 11 ½ cents in Sy.No.71-8A2(P1) was conferred in favour of Venktramana Acharya – 3rd respondent and also in favour of one Balakrishna Acharya – 4th respondent. It is stated that, in the grant order though extents were referred to in front of the names of grantees in the aforesaid manner, the entire extent of 14 cents was granted in favour of respondents 2 to 4 in this proceedings, which is subject matter of challenge by the petitioner herein in this writ petition, who was not party to the aforesaid proceedings before the Competent Authority.
3. However, during the pendency of this writ petition, there is a settlement between the parties with reference to identification of the lands in their possession as well as the extent and nature of possession by each one of them after getting the said land measured by themselves through a private surveyor. Thereafter, it is stated that, they have got a sketch prepared where the extent of land held by contesting respondents 2 to 4 herein is identified in orange colour and the extent of land which the petitioner would claim to an extent of 36 cents in Sy.No.71/8A1P1 is identified in yellow colour. The said sketch is appended to the joint memo which is filed by the parties this day. In the joint memo, the petitioner would concede that by bona fide mistake the petition was filed and after both the parties got the extent of land in their possession verified and got the sketch prepared, they are fully convinced with reference to extent and nature of possession with each one of them. Accordingly, by filing joint memo this day, they request this Court to dispose of this writ petition in terms of the joint memo.
4. Before taking the joint memo on record, the parties were called upon to state whether they are agreeable to the joint memo and sketch appended to that, for which on behalf of the petitioner, Sri.Jayant Nadubailu, the President of Petitioner Association is before the Court, who is identified by his counsel Sri.K.Ravishankar, would accept the same. So far as respondents 2(a) to (e), 3(a) to (d) and 4 are concerned, on their behalf respondent No.2(a) Sri.Mallesh Kumar, who is GPA Holder on behalf said respondents is before the Court and identified by his counsel Sri.R.Ravishankar Shastry, also accept the terms of joint memo. Copy of the GPA is also produced along with the joint memo.
5. Accordingly, the joint memo, which is filed along with GPA and sketch indicating the property in possession of petitioner as well as respondents 2(a) to (e), 3(a) to (d) and 4, is taken on record, consequently, this writ petition is disposed of accepting that they are the owners of extent of lands referred to in the sketch by different colours and also on the terms which are agreed between the parties in the joint memo.
6. In confirmation of the joint memo being filed in this proceedings, the parties present before the Court are directed to affix their signature to the order sheet maintained in this writ petition, which shall be countersigned by their respect counsel on record in identifying the said persons.
nd/-
Sd/- JUDGE