IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.44719-44723/2017 & 44724-44726/2017(KLR-RR/SUR) BETWEEN 1. SMT NANJAMMA W/O LATE THIMMARAYAPPA, AGED ABOUT 85 YEARS, 2. SRI. NAGARAJ S/O LATE THIMMAKKA AGED ABOUT 37 YEARS, 3. SMT MARIYAMMA D/O LATE THIMMARAYAPPA, AGED ABOUT 58 YEARS, 4. SRI. RAJU S/O LATE THIMMARAYAPPA, AGED ABOUT 52 YEARS, 5. SMT. GOWRAMMA D/O LATE THIMMARAYAPPA, AGED ABOUT 48 YEARS, 6. SRI. MUNIYAPPA S/O LATE THIMMARAYAPPA, AGED ABOUT 44 YEARS, 7. SRI. NARAYANA SWAMY S/O LATE THIMMARAYAPPA, AGED ABOUT 42 YEARS, 8. SMT. CHANDRIKA D/O LATE THIMMARAYAPPA, AGED ABOUT 36 YEARS, ALL ARE RESIDENTS OF NO.75, PUTTENAHALLI VILLAGE, J.P.NAGAR, 7TH PHASE, BANGALORE SOUTH TALUK BANGALORE-78 ... PETITIONERS (BY SRI PADMANABHA MAHALE, SR. COUNSEL FOR SRI H DEVENDRAPPA, ADVOCATE) AND 1. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, BANGALORE-01 2. THE SPECIAL TAHSILDAR BANGALORE SOUTH TALUK BANGALORE DISTRICT-70 3. SMT. RAJAMMA W/O M NARAYANA DAS, AGED ABOUT 70 YEARS, R/A POORNA HORTICULTURE, 2ND MAIN, 47TH CROSS A CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-70 4. SMT. M.N.DHARMAVARTHA S/O M NARAYANA DAS, AGED ABOUT 52 YEARS, R/A NO.201, ADARSH PALACE, 9TH MAIN, 47TH CROSS, A CROSS, JAYANAGAR, BANGALORE-70 5. SRI.M.N.PRIYA DATTA S/O M NARAYANA DAS, AGED ABOUT 70 YEARS, R/A POORNA HORTICULTURE, 2ND MAIN, 47TH CROSS, A CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-70 6. M.N.SHARANARTHY S/O M NARAYANA DAS AGED ABOUT 46 YEARS R/A NO.D-102, ADARSH GARDEN, 8TH BLOCK, 2ND MAIN, 47TH CROSS, A CROSS, JAYANAGAR, BANGALORE-70 7. M.N.PARAMJYOTHI D/O M NARAYANA DAS, AGED ABOUT 44 YEARS R/A POORNA HORTICULTURE, 2ND MAIN, 47TH CROSS, A CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-70 8. SMT. GAYATHRI DARSHINI D/O M NARAYANA DAS AGED ABOUT 51 YEARS R/A NO.D 1244, 4TH MAIN, E BLOCK, 2ND STAGE, RAJAJINAGAR BANGALORE-10 9. M.N.TEJESWINI D/O M.NARAYANA DAS AGED ABOUT 46 YEARS R/AT POORNA HORTICULTURE, 2ND MAIN, 47TH CROSS, A CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-70 10. M.N.DIVYA DARSHINI D/O M.NARAYANA DAS, AGED ABOUT 39 YEARS, R/AT POORNA HORTICULTURE, 2ND MAIN, 47TH CROSS, A CROSS, 8TH BLOCK, JAYANAGAR, BANGALORE-70 11. SRI.B.NIRGUNARTHY S/O LATE BRAHMANDA, AGED ABOUT 67 YEARS, 12. SMT. MANJULA NIRGUNARTHY W/O B. NIRGUNARTHY AGED ABOUT 60 YEARS, 13. SMT. SMITHA NIRGUNARTHY D/O B. NIRGUNARTHY AGED ABOUT 38 YEARS, 14. SRI. AMITH NIRGUNARTHY S/O B. NIRGUNARTHY AGED ABOUT 36 YEARS, 15. SRI.B.SHIVARTHY S/O LATE BRAHMANANDA AGED ABOUT 66 YEARS, 16. SMT. KRUPA SHIVARTHY W/O B. SHIVARTHY AGED ABOUT 60 YEARS, 17. BHARGAVA SHIVARTHY S/O B. SHIVARTHY AGED ABOUT 33 YEARS, 18. SRI.SAHADEVA S/O B. SHIVARTHY AGED ABOUT 30 YEARS, ALL THE RESPONDENTS 11 TO 18 ARE R/AT NO.38, 31ST MAIN, J.P.NAGAR, 1ST PHASE, BANGALORE-78 19. DR.ASHOK GURUDAS S/O LATE M. GURUDAS AGED ABOUT 58 YEARS, 20. SMT. MAITARI D/O LATE M. GURUDAS AGED ABOUT 61 YEARS 21. SMT. SUCHARITHA D/O LATE M. GURUDAS AGED ABOUT 59 YEARS, 22. SMT. CHARUMATHI D/O LATE M. GURUDAS AGED ABOUT 53 YEARS, ALL THE RESPONDENTS 19 TO 22 ARE R/AT NO.41, K.R.ROAD, BASAVANAGUDI, BANGALORE-04 23. M/S ADARSH DEVELOPERS REP. BY ITS PARTNER, B.M.KARUNESH, S/O LATE MADAIAH, NO.10, VITTAL MALLYA ROAD, BANGALORE-10 24. THE ADDITIONAL SUB-REGISTRAR, SUB-REGISTRAR OFFICE, BOMMANAHALLI, BDA COMPLEX, 2ND FLOOR, 3RD BOCK, 7TH CROSS, KORAMANGALA, BANGALORE.
(amended vide Court order dated 14.02.2018) ... RESPONDENTS (BY SRI T.S.MAHANTESH, AGA FOR R1, R2 & R24) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER PASSED BY 1ST RESPONDENT IN RA (S) NO. 280/2014-15 DATED 29.6.2017 VIDE ANNEXURE-G AND ETC.
THESE WRIT PETITIONS COMING ON FOR FURTHER ARGUMENTS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have sought for quashing the order dated 29.06.2016 (stated as 29.06.2017 in the prayer portion of the writ petitions) vide Annexure ‘G’ to the petitions passed by respondent No.1, namely, Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, in appeal numbered as R.A.(S) No.280/2014-15. By the said order, respondent No.1 has dismissed the said appeal filed by petitioners herein and has inter alia directed respondent No.1 – Special Tahasildar, Bengaluru South Taluk, to delete all the names of private persons in all the columns of RTC and substitute the same with the name of ‘State Government’ in respect of land measuring to an extent of 03 Acres 35 guntas in Sy. No.32(old), new Sy. No.32/1 situate at Puttenahalli village, Bengaluru South Taluk.
2. Petitioners have also sought for writ of mandamus directing respondent Nos.1 and 2 to consider their prayer and mutate their names in the relevant records in respect of the petition lands as per the re-grant order dated 30.07.1975 vide Annexure ‘C’ to the petitions.
3. Heard Sri Padmanabha Mahale, learned senior counsel appearing on behalf of Sri H. Devendrappa, learned counsel for petitioners and Sri T.S. Mahantesh, learned Additional Government Advocate appearing for respondent Nos.1, 2 and 24. Perused the material on record.
4. Learned senior counsel appearing on behalf of petitioners would admit that the impugned order passed by respondent No.1 – Assistant Commissioner is revisable under Section 136(3) of the Karnataka Land Revenue Act, 1964. As such he submits that he may be permitted to withdraw these writ petitions and liberty may be reserved to petitioners to approach the competent Authority by filing revision.
5. The aforesaid submission of learned senior counsel is placed on record.
6. Petitioners have an alternate and efficacious remedy of filing revision under Section 136(3) of the Karnataka Land Revenue Act, 1964, before the Deputy Commissioner as against the order impugned in these petitions.
7. Accordingly, these Writ Petitions are disposed of as withdrawn with liberty to the petitioners to file revision petition before the competent authority.
8. Learned Additional Government Advocate is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma