IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE S. N. SATYANARAYANA WRIT PETITION NOS.48693-48697/2016 (KLR-RR/SUR) BETWEEN:
1. SMT. RAMAKKA W/O LATE SRI.MUNISHAMAPPA, AGED ABOUT 78 YEARS, 2. SRI NANJUNDAPPA S/O LATE SRI. MUNISHAMAPPA, AGED ABOUT 58 YEARS, 3. SRI SUBBARAYAPPA S/O LATE SRI.MUNISHAMAPPA, AGED ABOUT 53 YEARS, 4. SRI GOPALAPPA S/O LATE SRI.MUNISHAMAPPA, AGED ABOUT 51 YEARS, 5. SRI NAGARAJ S/O LATE SRI.MUNISHAMAPPA, AGED ABOUT 38 YEARS, ALL ARE R/AT GATTAHALLI VILLAGE, SARJAPURA HOBLI, HUSKUR POST, ANEKAL TALUK, BANGALORE DISTRICT-562125.
(BY SRI. CHITHAPPA, ADV.) ... PETITIONERS AND 1. STATE OF KARNATAKA REVENUE DEPARTMENT BY ITS SECRETARY, M.S.BUILDING, DR. AMBEDKAR VEEDHI, BANGALORE-560001.
2. THE TAHSILDAR ANEKAL TALUK, ANEKAL, BANGALORE RURAL DISTRICT - 562106.
3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION(ANEKAL) KANDAYA BHAVAN, K.G.ROAD, BANGALORE-560009.
4. SRI M MUNISWAMY S/O LATE C.MUNIYAPPA, AGED ABOUT 64 YEARS, 5. SRI M THAYAPPA S/O LATE C.MUNIYAPPA, AGED ABOUT 56 YEARS, 6. SRI M RAJANNA S/O LATE C.MUNIYAPPA, AGED ABOUT 45 YEARS, RESPONDENTS 4 TO 6 ARE RESIDING AT NO.1, MUNISWAMYGOWDA GARDEN, NEELASANDRA, BANGALORE-560047.
... RESPONDENTS (BY SRI. T. S. MAHANTESH, AGA FOR R1 TO R3 SRI. B. RANGASWAMY, ADV. FOR R4 SRI. SHARATH S., ADV. FOR R5 AND R6) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 28.07.2016 PASSED BY R-3 THE ASSISTANT COMMISSIONER, BANGALROE SUTH SUB DIVISION IN CASE NO.RA(A) 342/2012-13 AT ANNEX-A; DIRECT R-2 & 3 TO RESTORE THE MUTATION IN THE NAME OF LATE SRI MUNISHAMAPPA, FATHER OF THE PETITIONERS NOS. 2 TO 4 IN RESPECT OF THE SCHEDULE LAND AND FURTHER TO CONSIDER THE PENDING APPLICATION OF THE PETITIONERS FOR TRANSFER THESE WRIT PETITIONS COMING ON FOR HEARING ON I.A. THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners herein would claim themselves as lineal descendants of Muniyappa who is the original purchaser of an extent of 2 acres 20 guntas of land bearing Old Sy.No.132 which is said to be given new Sy.No.179 of Gattahalli Village, Sarjapura Hobli, Anekal Taluk.
2. According to the petitioners Muniyappa purchased southern half portion of old Sy.No.132 under registered sale deed dated 29.08.1932. Thereafter it is stated that he had sold the said property to some other person and re-purchased the same. Now the dispute is not with reference to that portion. The dispute is with reference to the lineal descendants of the purchaser of northern half portion of the very same land bearing Sy.No.132 measuring 2 acres 20 guntas, which according to the petitioners was purchased by one Smt. Muniyamma, W/o. Chinnaswamy, a resident of Neelasandra under registered sale deed dated 11.07.1938. It is also brought to the notice of this Court that in the original sale deed executed in favour of Muniyappa, a recital would indicate that southern half portion of Sy.No.132 is already sold in favour of one Muniyappa, S/o. Nagamma, which according to the petitioners is their grandfather Muniyappa.
3. It is the grievance of the petitioners that the land which was purchased by Muniyamma, W/o. Chinnaswamy was not under the cultivation of the said persons, it was under the cultivation of a tenant by name Muniyellappa, who is said to have secured an order of occupancy certificate in his favour pursuant to Form No.7 filed by him in L.R.F.2485/1975-76 on the file of Land Tribunal, Anekal. According to the petitioners, the tenant Muniyellappa has already sold the said land in favour of different persons and thereafter the respondents are trying to claim the southern half portion of old Sy.No.132, New Sy.No.179 as the property which was purchased by their grandmother Muniyamma.
4. The further grievance of the petitioners is that, initially an order was passed against their interest behind their back, in proceedings No.R.A.(A) 342/2012- 13 dated 06.09.2013. It is stated that after coming to know of the same, the petitioners herein approached this Court in W.P.Nos.49055-49057/2013 and 49058- 49059/2013 which came to be disposed of by order dated 12.12.2013 in remanding the matters for re- consideration by the Assistant Commissioner of Bangalore South Sub-Division (Anekal), Bangalore. The petitioners would bring to the notice of this Court that the remanded matter also went before the very same officer Sri. L. C. Nagaraj and it is stated that inspite of the petitioners producing all the relevant documents before him, he has failed to look into the same and reiterated his earlier order in his order dated 28.07.2016 in the remanded matter, which is sought to be impugned in these writ petitions.
5. The first and foremost objection which is raised by the contesting respondents in these petitions is that the order of the Assistant Commissioner under Section 136(2) of Karnataka Land Revenue Act, 1964 is amenable to revision under Section 136(3) of the Act. Since the petitioners have not exhausted the same, they have no right to pursue these writ petitions and it is also stated that the order of the Assistant Commissioner is on proper appreciation of materials on record.
6. In the normal circumstance this Court would have accepted the same. However, this Court is aware of the antecedents of the author of the impugned order Sri. L. C. Nagaraj, who is presently cooling his heels in Parappana Agrahara for his involvement in illegal activities which is seen by this Court in several of his orders. Therefore, this Court is of the considered opinion that the said officer may not have looked into all the material placed before him and the possibility of the said officer passing the order impugned for extraneous reasons, cannot be overruled.
7. In that view of the matter, this Court is of the considered opinion that the order impugned is required to be set aside and the matter requires to be remanded back to the office of the Assistant Commissioner where this court would hope that the incumbent to that post would look into all the documents and would appreciate the same on its proper perspective and pass appropriate orders within a period of six months from the date of remand of this matter. With such observation, the order dated 28.07.2016 in No.R.A.(A) 342/2012-13 on the file of the Assistant Commissioner, Bangalore South Sub-Division, is hereby quashed and the said appeal is remanded back to the Court of the Assistant Commissioner, Bangalore South Sub-Division, for fresh consideration in accordance with law.
8. As stated supra, the entire proceedings shall be disposed of within six months from the date of receipt of a copy of this order. To ensure that there is no further delay in disposal of the remanded matter, the parties are directed to appear before the Assistant Commissioner of Bangalore South Sub-Division, in the restored appeal in No.R.A.(A) 342/2012-13 on 08.08.2019.
9. It is needless to state that the parties shall maintain status-quo with reference to possession and title until the proceedings remanded for re- consideration is decided by the Assistant Commissioner in accordance with law. Accordingly, these petitions are disposed of.
SD/- JUDGE RD