IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MRS. JUSTICE S.SUJATHA WRIT PETITION Nos.35766 & 40177/2018 (LR) BETWEEN:
LATE S.CHANNAMALLAPPA SINCE DECEASED REP BY C.BRAMARAMBHA AGED ABOUT 60 YEARS, R/AT ‘SRISHILA’, NO.4-7, 5TH CROSS, 4TH BLOCK, D-GROUP LAYOUT, HEROHALLI, ANDRAHALLI MAIN ROAD, LINGADEERANAHALLI, MAGADI ROAD, VISHWANEEDAM POST, BANGALORE-560 091. ... PETITIONER [BY SRI C.GOWRISHANKAR, ADV.] AND:
1. STATE OF KARNATAKA REP BY ITS SECRETARY AND COMMISSIONER OF REVENUE, VIDHAN SOUDHA, BANGALORE-560 001.
2. LAND REFORMS TRIBUNAL REP. BY CHAIRMAN, TALUK OFFICE COMPOUND, MALAVALLI TALUK, MANDYA DISTRICT-571430 3. DEPUTY COMMISSIONER, DEPUTY COMMISSIONER OFFICE, MANDYA DISTRICT-571 401 4. DEVEERAMMA W/O LATE HONNAIAH, MAJOR, HULLAMBALLI, B.G. PURA HOBLI, MALAVALLI TALUK, MANDYA DISTRICT-571 430 5. LATE PALYAM BASAVARAJAPPA S/O CHANDAHALLI MADAPPA DEAD BY LRS, a) SMT.RATNAMMA W/O PALYAM BASAVARAJAPPA AGED 74 YEARS b) CHANDRASHEKARAPPA S/O BASAVARAJAPPA AGED 53 YEARS.
RESPONDENT 5(a) & 5(b) R/AT OPP. TO OLD POLICE STATION KIRGAVALU, MALAVALLI TALUK, MANDYA DISTRICT-571 43 …RESPONDENTS [BY SRI B.S.BUDIHAL, HCGP FOR R-1 TO R-3; NOTICE NOT ORDERED IN R/O R-4 & R-5(a) & (b).) THESE WRIT PETITIONS ARE FILED UNDER ARTICLE 226 OF THE CONSTITUTION OF INDIA, PRAYING TO DIRECT THE 2ND AND/OR 3RD RESPONDENT TO PASS THE NECESSARY ORDERS BASED ON THE STATEMENT OF ADMISSIONS MADE BY THE 4TH AND 5TH RESPONDENT'S BEFORE THE LAND REFORMS TRIBUNAL ON 20.04.2012 & 30.07.2010 IN LRF/PR Nos.351 & 891/74-75 PRESENTLY ON THE FILE OF RESPONDENT NO.2 BY WITHDRAWING THE SAME FROM LAND REFORMS TRIBUNAL MALAVALLI TO THE FILE OF THE DEPUTY COMMISSIONER MANDYA AND REJECT THE APPLICATIONS FILED BY RESPONDENTS/CLAIMANTS 4TH AND 5TH VIDE ANNEXURES-A AND B.
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R The petitioner has sought for writ of mandamus directing the respondent Nos.2 and 3 to pass necessary orders based on the statement of admissions made by the respondent Nos.4 and 5 before the Land Reforms Tribunal on 20.04.2012 and 30.07.2010 in LRF/PR No.351 & 891/74-75 presently on the file of respondent No.2 by withdrawing the same from Land Reforms Tribunal Malavalli to the file of the Deputy Commissioner, Mandya and reject the applications filed by the claimants/respondent Nos.4 and 5 herein.
2. It is submitted that Sri. S. Chennamallappa - the original respondent/land owner before the Land Tribunal at Malavalli in LRF PR No. 891/74-75 and 351/74-75 purchased the property measuring 3 acres 18 guntas in Sy.No.580/A, Poorigalli Village, S.G. Pura Hobli, Malavalli Taluk, Mandya District which was a part of Inam land. On abolition of Inams, the said property was re-granted in favour of the original respondent vide order dated 21.03.1965. From then, the said property has been in personal cultivation of the petitioner’s family. After the demise of the original respondent, the petitioner’s family members are in personal cultivation of the land in question and in the family arrangement, the said land has fallen to the share of the present petitioner.
3. It is the grievance of the petitioner that subsequent to the order passed by this Court in LRRP No.3130/1988 on 29.10.2002 remanding the matter to the Land Reforms Tribunal (‘Tribunal’ for short) for fresh trial, the same has not been decided so far. On the other hand, the Tribunal by order dated 28.10.2016 decided to transfer the case to the Additional Deputy Commissioner, Mandya for adjudication. It is the contention of the learned counsel appearing for the petitioner that the petitioner is made to run from pillar to post despite the order passed by this Court in LRRP No.3130/1988. Though the order is passed by the Tribunal on 28.10.2016 transferring the matter to the Additional Deputy Commissioner, Mandya, no proceedings are initiated by the said authority.
4. Learned High Court Government Pleader submits that in terms of the circular issued by the Government of Karnataka dated 30.01.2006, the Deputy Commissioner is empowered to deal with the case falling under the Karnataka (Religious and Charitable) Inams Abolition Act, 1955. Hence, the decision of the Tribunal transferring the case to the Deputy Commissioner is justifiable.
5. It is hardly required to be stated that the Deputy Commissioner - respondent No.3 is required to consider the matter in terms of the directions issued by this Court in LRRP No.3130/1988 and take a decision in accordance with law pursuant to the circular issued by the Government of Karnataka dated 30.01.2006 wherein, reliance is placed on the judgment of the Hon’ble Apex Court in Civil Appeal Nos.5684- 5686/1999 and allied matters (M.B. Ramachandran vs. Gowramma and others). Hence, the order of the Land Tribunal dated 28.10.2016 impugned herein cannot be found fault with. It is needless to observe that the Deputy Commissioner - respondent No.3 is required to decide the matter in accordance with law in an expedite manner.
6. However, no proceedings being initiated pursuant to the order dated 28.10.2016 passed by the Land Tribunal as submitted by the learned counsel for the petitioner, it is made clear that, proceedings in LRF PR Nos.891/74-75 and 351/74-75 shall be restored to the file of the Deputy Commissioner – Respondent No.3. Respondent No.3 shall consider the same and pass appropriate orders in accordance with law after hearing the parties concerned in an expedite manner, in any event, not later than two months from the date of receipt of certified copy of the order.
With the aforesaid observations, writ petitions stand disposed of.
Sd/- JUDGE PMR