IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.38476-38480/2012 & 38481/2012(LR-RES) BETWEEN 1. MALAMMA D/O LATE CHIKKEGOWDA AGED ABOUT 60 YEARS 2. GOWRAMMA D/O LATE CHIKKEGOWDA AGED ABOUT 58 YEARS 3. MALEGOWDA S/O LATE CHIKKEGOWDA AGED ABOUT 54 YEARS 4. BASAVEGOWDA S/O LATE CHIKKEGOWDA AGED ABOUT 51 YEARS 5. SHIVANNA S/O LATE CHIKKEGOWDA AGED ABOUT 47 YEARS 6. MARILINGU @ MAHALINGU H.C S/O LATE CHIKKEGOWDA AGED ABOUT 46 YEARS ALL THE PETITIONERS ARE RESIDING AT HUYYALILU VILLAGE NAGAWALA POST, YELWALA HOBLI MYSORE TALUK AND DISTRICT ... PETITIONERS (BY SRI CHANDRASHEKAR.P, ADVOCATE FOR SMT.VIJETHA R NAIK, ADVOCATE) AND 1. THE DEPUTY COMMISSIONER MYSORE DISTRICT MYSORE-570001 2. VISHWESHWARAIAH S/O LINGAPPA AGED ABOUT 72 YEARS R/AT BALAWADI VILLAGE MYSORE TALUK AND DISTRICT-570001 3. MARAMMA DEVARU 4. SHANKARESHWARA DEVARU 5. BASAVESHWARA DEVARU REPRESENTED BY TAHSILDAR MYSORE TALUK MYSORE – 570 001. ... RESPONDENTS (BY SRI B.S.BUDIHAL, HCGP FOR R1, R3 TO R5 SRI H.N.PRAKASH, ADVOCATE FOR R2) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 26.06.2012 PASSED BY THE DEPUTY COMMISSIONER, MYSORE DISTRICT [RESPONDENT No.1] VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Applicant Nos.1(3) to 1(7) in proceedings No.LRF.INA.14/1998-99 on the file of respondent No.1 – Deputy Commissioner, Mysuru, who are some of the legal heirs of Chikkegowda, along with one Smt. Malamma, who is said to be the daughter of Chikkegowda, have come up in these writ petitions impugning the order dated 26.06.2012 vide Annexure ‘A’ to the petitions. By the said order, respondent No.1 in the said proceedings, namely, Sri Vishweshwaraiah (respondent No.2 herein) was declared as an occupant under Section 6A of the Karnataka (Religious and Charitable) Inams Abolition Act, 1955 (hereinafter referred to as ‘the Act’) in respect of certain lands stated therein.
2. It is stated in para No.3 of the memorandum of petitions that the petitioners have confined the writ petitions to rejection of the claim of petitioners’ father in respect of land bearing Sy. No.223 measuring to an extent of 02 Acres 34 guntas situate in K. Hemmanahalli village, Mysuru Taluk and District.
3. Admittedly, the order impugned in these petitions was the subject-matter of challenge before this Court in W.P. Nos.28622 to 28624/2012 (LR-RES) preferred by applicant Nos.4, 5 and the legal heirs of applicant No.2 – Devanaika. When the said writ petitions came up for consideration before a coordinate Bench of this Court on 15.07.2014, it has discussed at length the right of the parties who have lost their application under Section 6A of the Act by virtue of an order passed by the Deputy Commissioner under Section 9 of the Act and has observed that such persons could seek relief before the Karnataka Appellate Tribunal pursuant to the judgment rendered by the Apex Court in the matter of M.B. Ramachandran vs. Gowramma and others reported in 2005 AIR SCW 2934. It is in the light of the aforesaid judgment, petitioners in the said writ petitions, who were applicant Nos.4, 5 and legal heirs of applicant No.2 in the very same proceedings, which is the subject-matter of these petitions, were relegated to the Karnataka Appellate Tribunal.
4. In that view of the matter, the present writ petitions are also required to be disposed of with a similar direction as given by coordinate Bench of this Court in W.P. Nos.28622 to 28624 of 2012 disposed of on 15.07.2014.
5. Accordingly, these Writ Petitions are disposed of reserving liberty to the petitioners to approach the Karnataka Appellate Tribunal. In the said proceedings, petitioners herein would be entitled to invoke section 14 of the Limitation Act, 1963.
6. Learned High Court Government Pleader is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma