IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE H. T. NARENDRA PRASAD WRIT PETITION No.10667/2019 (SC-ST) & WRIT PETITION No. 11154/2019 BETWEEN:S GUNDAPPA SINCE DEAD BY HIS LRS 1. SRI.JANARDANA S/O LATE. GUNDAPPA AGED ABOUT 40 YEARS 2. SMT.KEMPAMMA W/O LATE GUNDAPPA AGED ABOUT 60 YEARS BOTH ARE R/AT BYCHAGUPPE VILLAGE TAVAREKERE HOBLI BENGALURU SOUTH TALUK BENGALURU-562130.
... PETITIONERS (BY SRI. VIJAY KUMAR K., ADV.) AND 1. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT D.C.OFFICE BUILDING KANDAYA BHAVANA, K.G.ROAD BENGALURU-560 001.
2. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION VISVESWARAIAH TOWER PODIUM BLOCK DR.AMBEDKAR VEEDHI BENGALURU-560 001.
UGRA NARASIMHAIAH SINCE DEAD BY HIS LR’S 3. SRI.NARASIMHA MURTHY S/O UGRA NARASIMHAIAH AGED ABOUT 40 YEARS 4. SRI.CHIKKANARASIMHAIAH S/O UGRA NARASIMHAIAH AGED ABOUT 38 YEARS 5. SRI.LAKSHMI NARASIMHA S/O UGRA NARASIMHAIAH AGED ABOUT 44 YEARS NARAYANA SWAMY.C SINCE DEAD BY HIS LRS 6. SRI.N.SURESH S/O LATE NARAYANA SWAMY AGED ABOUT 31 YEARS 7. SRI.N.RAVIKUMAR S/O LATE NARAYANA SWAMY AGED ABOUT 29 YEARS RESPONDENT NOs.6 & 7 ARE REPRESENTED BY THEIR GPA HOLDER H.RAVIKUMAR S/O CHIKKAVENKATAHANUMAIAH @ HANUMAIAH.
RESPONDENTS NO.3 TO 7 ARE R/AT HEROHALLI VILLAGE VISHWANEEDAM POST YESHWANTHPUR HOBLI BENGALURU NORTH TALUK, PIN-560091.
SMT.CHIKKAHANUMAKKA W/O LATE. DASAPPA SINCE DEAD BY HER LRS RESPONDENTS No.10 & 11 HEREIN.
SRI.MUNIYAPPA SINCE DEAD BY HIS LR’S RESPONDENTS NO.8 & 9 8. SRI.S.M.MANJUNATH S/O LATE MUNIYAPPA AGED ABOUT 45 YEARS 9. SRI.S.M.SRINIVAS S/O LATE MUNIYAPPA AGED ABOUT 40 YEARS 10. SRI.RAMACHANDRAPPA S/O LATE. DASAPPA AGED ABOUT 56 YEARS RESPONDENTS NO.8 TO 10 ARE R/AT NO.35/88, 19TH CROSS DASAPPA BUILDING SALLAPURADAMMA LAYOUT BENGALURU-560 091.
11. SRI.GOVINDAIAH S/O LATE. DASAPPA AGED ABOUT 58 YEARS R/AT NO.E-49 NO.22, GIRI KUNJA ASTAGRAMA, 1ST STAGE POLICE STATION ROAD KAMAKSHIPALYA, WARD NO.18 BENGALURU-560 079.
... RESPONDENTS (BY SMT. SAVITHRAMMA, HCGP FOR R1 & R2, SRI.K.SUMAN, ADV. FOR R3,R4,R6 &R7, R5 IS SERVED, NOTICE TO R8 IS DISPENSED WITH VIDE ORDER DATED: 11.03.2019 NOTICE TO R9 TO R11 IS DISPENSED WITH VIDE ORDER DATED:27.0.2019) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH / SET ASIDE THE ORDER DATED: 14.11.2018 PASSED BY THE RESPONDENT-1 IN (ANNEXURE-A) HOLDING THE SAME AS ILLEGAL.
THESE WRIT PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These writ petitions are directed against the order dated 14.11.2018 passed by the respondent No.1 in K.SC.ST.Appeal No.169/2009-10 vide Annexure-A.
2. The land bearing Sy.No.7, situated at Herohalli Village, Yeshwanthpura Hobli was originally granted to the predecessor of respondent Nos.3, 4, 6 and 7 on 19.3.1955. Out of 3 acres 22 guntas, the original grantee sold 2 acres in favour of Dasappa, the grandfather of the petitioner by registered sale deed dated 22.9.1966. After the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short “the Act”) came into force on 1.1.1979, the legal heirs of original grantee have filed an application under Section 5 of the said Act on 5.11.2014 for restoration of the said land. The Assistant Commissioner by order dated 26.3.2009 has rejected the application vide Annexure-
E. Aggrieved by the same, they filed an appeal before the Deputy Commissioner in Appeal No.169/2009-10. The Deputy Commissioner by order dated 14.11.2018 has allowed the appeal and restored the land in favour of the legal representatives of the original grantee. Being aggrieved by the same, the petitioner has filed these writ petitions.
3. The learned counsel appearing for the petitioners has submitted that as on 26.3.2009, i.e., the date of the order passed by the Assistant Commissioner vide Annexure-E, the respondents before the Assistant Commissioner namely Chikka Hanumakka, Muniyappa and Gundappa were expired.
The said order is passed against the dead persons. Even before the Deputy Commissioner, they were made as parties and order has been passed against the dead persons. Hence, he submits that the order passed by the Deputy Commissioner is against the dead persons and the same is unsustainable.
4. Per contra, the learned counsel appearing for the respondents submits that even as on the date of order passed by the Assistant Commissioner and the order passed by the Deputy Commissioner, the respondents namely Chikka Hanumakka, Muniyappa and Gundappa were no more. Hence, the order of the Assistant Commissioner as well as the order f the Deputy Commissioner are unsustainable. Hence, he requests for remanding the matter to the Assistant Commissioner for fresh consideration.
5. This fact is not disputed by the learned counsel appearing for the State.
6. In view of the above, the order dated 26.3.2009 passed by the Assistant Commissioner and also the order dated 14.11.2018 passed by the Deputy Commissioner are against the dead persons and hence the same are unsustainable.
7. Without expressing any opinion on the merits, the writ petitions are allowed. The order dated 26.3.2009 passed by the Assistant Commissioner vide Annexure-E and as well as the order dated 14.11.2018 passed by the Deputy Commissioner vide Annexure-A are hereby quashed.
8. The matter is remitted back to the Assistant Commissioner. The Assistant Commissioner is directed to issue notice to all the necessary parties after impleading them and thereafter shall dispose of the application in accordance with law within a period of six months from the date of receipt of copy of this order.
Sd/- JUDGE DM