IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF JULY, 2017 PRESENT THE HON’BLE MR. SUBHRO KAMAL MUKHERJEE CHIEF JUSTICE AND THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR WRIT APPEAL NOS.4332-4333 OF 2016 (SC-ST) BETWEEN:
SRI.GIRIDHAR S.V., ADVOCATE) AND:
1. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE-560 001.
2. THE ASSISTANT COMMISSIONER BANGALORE NORTH SUB DIVISION BANGALORE-560 001.
3. SRI V SAILENDRA S/O V SAMBASIVA RAO AGED ABOUT 39 YEARS, ITPL MAIN ROAD, KUNDANAHALLI COLONY WHITEFIELD BANGALORE-560037 4. CREATIVE DEVELOPERS NO.B, 507, STERLING SHALOM, ITPL MAIN ROAD KUNDANAHALLI COLONY WHITEFIELD BANGALORE-560037 REPRESENTED BY ITS MANAGING PARTNER MR.V.SHAILENDRA 5. SRI T.M.KOSHY S/O KOSHY AGED ABOUT 49 YEARS 6. SRI MATHEW KOSHY S/O KOSHY AGED ABOUT 44 YEARS 7. SRI THOMAS T KOSHY S/O KOSHY AGED ABOUT 42 YEARS R5 TO R7 ARE RESIDING AT THUBARAHALLI VILLAGE VARTHUR HOBLI BANGALORE EAST TALUK-562 133.
8. SMT. P PRASANNA W/O P.K.SOMESEKHARA REDDY NO.5, PANATHUR VILLAGE VARTHUR HOBLI BANGALORE NORTH TALUK-562 133 PRESENTLY RESIDING AT JEEVANBHEEMANAGAR BANGALORE 9. SRI B MUTHYAM REDDY SON OF LATE B MANOHAR REDDY AGED ABOUT 39 YEARS MANOHAR PLAZA NO.7/1, KHATA NO.418/1, 3RD FLOOR, HDFC BANK BUILDING, BROOOK FIELDS NEAR KUNDANAHALLI GATE BANGALORE-560 066 10.B MEENA REDDY CONSTRUCTIONS MANOHAR PLAZA NO.7/1, KHATA NO.418/1, 3RD FLOOR, HDFC BANK BUILDING, BROOOK FIELDS NEAR KUNDANAHALLI GATE BANGALORE-560 066 … RESPONDENTS (MR.V.SREENIDHI, ADDITIONAL GOVERNMENT ADVOCATE FOR R1 AND R2 MR.D.R.RAVISHANKAR, ADVOCATE FOR R3 MR.B.S.GAUTHAM, ADVOCATE FOR R4 MR.UDAY HOLLA, SENIOR ADVOCATE FOR MR.VIVEK HOLLA, ADVOCATE FOR R9 AND R10 MR.SREEVATSA, SENIOR ADVOCATE FOR MR.S.MAHESH, ADVOCATE FOR R8) ---
These Writ Appeals are filed under Section 4 of the Karnataka High Court Act, praying to set aside the order passed in W.P.Nos.16290 of 2012 and 19096 of 2012 dated 2.9.2016.
These appeals coming on for Preliminary Hearing this day, THE CHIEF JUSTICE delivered the following:
JUDGMENT The writ appeals are barred by limitation. There is a delay of 23 days.
2. These writ appeals arise out of the proceedings under the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978.
3. The proceedings under the said Act was initiated on the presumption that the land was granted to the grandfather of the applicants, namely, Miya, with permanent non-alienation clause. Therefore, it was alleged that all successive transfers were illegal.
4. There was an enquiry conducted by the authorities.
The applicants could not establish that the grant was ever made in favour of their grandfather, namely, Miya, insofar as the land in question.
5. We requested the learned advocate appearing for the State to produce the original grant certificate.
6. Mr.V.Sreenidhi, learned additional government advocate, appears and submits that the original certificate is not available.
7. Mr.D.N.Nanjunda Reddy, learned Senior Advocate appearing for the appellants, draws our attention to the revenue settlement entry, where there has been some reference of grant.
8. The revenue settlement record is not a document of title and it has, only, a presumptive value of possession.
9. Therefore, when the Hon’ble Single Judge came to the conclusion that this has not been a grant land, we hold that there is no scope for interference.
10. The application for condonation of delay stands dismissed. Consequently, the writ appeals stand dismissed.
11. There will be no order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE RV