IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 05TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.3605-3606/2012 (KLR – RR/SUR) BETWEEN SMT. S N LALITAMMA W/O LATE G N SHANKARNARAYANA AGED ABOUT 68 YEARS, R/AT NO.11, 4TH A MAIN, KALYANANAGAR, NAGARABHAVI, BANGALORE-560072. ... PETITIONER (BY SRI. D.C.PRAKASH, ADV. FOR K J KAMATH)
(BY SRI. KIRAN KUMAR.T.L, AGA FOR R1 & 2, SRI. K.SUMAN, ADV. FOR R3.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DTD.6.1.12 PASSED BY THE SECOND RESPONDENT DTD.6.1.12 VIDE ANNEX-S DIRECT THE R1 AND R2 TO CONTINUE THE NAME OF THE PETITIONER IN THE REVENUE DOCUMENTS IN RESPECT OF THE ABOVE SAID LAND ETC.
THESE WRIT PETITIONS COMING ON FOR ‘ORDERS’ THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner herein is an unsuccessful applicant to get herself impleaded in Proceedings No.RRT(2)N(A).CR 07/2010-2011 on the file of Special Deputy Commissioner, Bangalore North and North (Addl.) Taluk.
2. Admittedly, this writ petition is filed impugning the order dated 06.01.2012 wherein the proceedings initiated against the respondent S.N.Lakshmamma w/o Hanumaiah under Section 136(3) of the Karnataka Land Revenue Act, 1964 is dropped and an extent of 2 acres 20 guntas of land in Sy.No.45 of Nagaruru Village, which is said to have been granted in her favour is ordered to be registered in the name of her son H.Narayanaswamy s/o late Hanumaiah, since she was dead by then. The said order is impugned in this proceeding on the premise that the same is disposed of without hearing the petitioner who claims herself to be the owner of aforesaid land as the same is granted in her favour.
3. However, when this matter is taken up, it is brought to the notice of this Court that the competent authority who disposed of the said proceeding, did not have the jurisdiction to decide the proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964. Hence, by virtue of the notification issued on 10.10.2014, all the orders passed by the Special Deputy Commissioners from 10.10.2011 till 10.10.2014 are ordered to be withdrawn by virtue of notification bearing No.Kandaya Elake/807.ASD.2014 dated 10.10.2014.
4. In that view of the matter, these Writ Petitions having become infructuous inasmuch as, the order impugned dated 06.01.2012 in RRT(2)N(A).CR.07/2010-2011 passed by the Special Deputy Commissioner, Bangalore North and North Addl. Taluk, Bangalore, does not survive for consideration. Accordingly, these Writ Petitions are disposed of.
Sd/- JUDGE CT-HR BRN