IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.47671/2018 (LR) BETWEEN SMT. PARVATHAMMA DAUGHTER OF LATE BYRAPPA W/O SRI VENKATASWAMY AGED ABOUT 60 YEARS RESIDING AT THINDLU VILLAGE SARJAPURA HOBLI ANEKAL TALUK -562 101. ... PETITIONER (BY SRI H V SUBRAMANYA, ADVOCATE) AND 1. THE LAND TRIBUNAL BANGALORE SOUTH TLAUK REPRESENTED BY ITS CHAIRMAN SPECIAL TAHSILDAR BANGALORE SOUTH TALUK BANGALORE -562 101 2. SRI R VIJAYADEVA SON OF LATE RAMAPPA @ M RAMAIAH AGED ABOUT 75 YEARS, SRI APARTMENT, 1ST FLOOR NEAR ANJANEYASWAMY TEMPLE ITTAMADU BANGALORE-560085 3. SRI R SOMASHEKARA S/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 60 YEARS, NO.15, 3RD A MAIN ROAD 2ND CROSS, V PHASE, 1ST STAGE RAJARAJESWARINAGAR BANGALORE-560098 4. SRI R RAJANNA S/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 66 YEARS RAMOHALLI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-562 101 5. SRI R KRISHNAPPA S/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 53 YEARS RAMOHALLI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-562 101 6. SRI R PRABHU S/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 55 YEARS RAMOHALLI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-562 101 7. SRI R NAGESH S/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 50 YEARS RAMOHALLI VILLAGE KENGERI HOBLI BANGALORE SOUTH TALUK-562 101 8. SMT. JANAKI DAUGHTER OF LATE RAMAPPA @ M RAMAIAH AGED ABOUT 72 YEARS, CHALLAGHATTA, EMLURE POST, BANGALORE EAST TALUK -562 101 9. SMT. RUKMINI DAUGHTER OF LATE RAMAPPA @ M RAMAIAH AGED ABOUT 70 YEARS NO.177/A, 1ST MAIN NEAR SAIRAM APARTMENTS BEHIND OXFORD PLAYGROUND SARAKKI BANGALORE-560078 10. SMT. NEELAMMA D/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 68 YEARS 3RD MAIN, GOTTIGERE BANNERAGHATTA MAIN ROAD BANGALORE-562 101 11. SMT. SUNANDA D/O LATE RAMAPPA @ M RAMAIAH AGED ABOUT 64 YEARS No.1960, 8TH MAIN ROAD JUDICIAL LAYOUT, GKVK POST BANGALORE-560065 ... RESPONDENTS (BY SRI B.S.BUDIHAL, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER OF GRANT DATED 16.05.1981 PASSED IN CASE No.LRF.5156/1975-76 BY THE 1ST RESPONDENT LAND TRIBUNAL, BANGALORE SOUTH TALUK, AS PER ANNEXURE-A AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Learned High Court Government Pleader takes notice for respondent No.1.
2. The petitioner herein is impugning the order dated 16.05.1981 (vide Annexure ‘A’ to the petition) passed in proceedings No.LRF.5156/1975-76 on the file of the Land Tribunal, Bengaluru South Taluk.
3. The case of the petitioner is that the land measuring to an extent of 04 Acres 39 guntas in Sy. No.132 situate at Ramohall village, Kengeri – II hobli, Bengaluru South Taluk, originally belonged to her father, Sri Byrappa. After the death of her father in the year 1959, herself and her mother, Smt. Gowramma, succeeded to the said land and they continued in possession and cultivation of the same. It is the further case of the petitioner that after her marriage, she started residing in her matrimonial home at Kathriguppe, Bengaluru, and her mother, Smt. Gowramma, was cultivating the said land, but at times when she had to visit her parents at Challaghatta, she was requesting her sister, Smt. Yaramma and Sri M. Ramaiah @ Ramappa, who is none other than the husband of Smt.Yaramma, to look after the said land. Smt. Gowramma is said to have died on 25.01.2017.
4. Subsequently, the petitioner is said to have learnt that after the death of her father, Byrappa, her uncle M. Ramaiah @ Ramappa, who is the father of respondent Nos.2 to 11 herein, taking advantage of the situation, had clandestinely secured LTM of her mother, Smt. Gowramma, on some plain papers by misleading her and had filed an application in Form No.7 before the Land Tribunal and further, he got recorded her statement before the Land Tribunal conceding for grant of occupancy rights in his favour.
5. Heard the learned counsel for the petitioner.
Perused the material on record.
6. It is seen that Annexure ‘A’ to the petition is a copy of Form No.10, certificate of registration issued under Section 55(1) of the Karnataka Land Reforms Act, 1961, wherein the said Ramaiah @ Ramappa, the father of respondent Nos.2 to 11 herein, has been registered as tenant in respect of the land in question. The said certificate is dated 16.05.1981. It is seen that the petitioner has impugned the said order / certificate in this writ petition after a lapse of 37 years from that date.
7. In that view of the matter, the present writ petition does not merit consideration. Accordingly, the same is dismissed on the ground of delay and laches.
8. Learned High Court Government Pleader is directed to file his memo of appearance within two weeks from today.
Sd/- JUDGE sma