IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.18175-178/2013(KVOA) BETWEEN 1. SMT. S RATHNA W/O BHASKAR, AGED ABOUT 38 YEARS, R/AT NO.41 & 42, 13TH CROSS, MTS LAYOUT, KENGERI SATELLITE TOWN, BANGALORE-560 060 2. SMT S KALA W/O Y SHANMUGHAM, AGED ABOUT 41 YEARS, R/AT NO.41 & 42, 13TH CROSS, MTS LAYOUT, KENGERI SATELLITE TOWN, BANGALORE-560 060 3. SRI JAYA VIBHAVA R CHIGATERI S/O RACHAPPA CHIGATERI, AGED ABOUT 54 YEARS, 4. SRI SIDDALINGESHWARA R CHIGATERI S/O RACHAPPA CHIGATERI, AGED ABOUT 50 YEARS, BOTH ARE RESIDING AT NO.74, "SUMAN MEDICAIDS" VIDYAPEETA ROAD, KENGERI HOBLI, BANGALORE SOUTH TALUK ... PETITIONERS (BY SRI SANDESH.C.R, FOR SRI D S JAYARAJ, ADVOCATES) AND 1. THE SECRETARY STATE OF KARNATAKA, DEPARTMENT OF REVENUE, M S BUILDING, BANGALORE-560 001 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE 3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH BANGALORE 4. THE TAHSILDAR BANGALORE SOUTH TALUK, BANGALORE-560 009 5. SMT MAHADEVAMMA W/O SRI AKHILANDAIAH, AGED ABOUT 55 YEARS, R/O SY.NO.1, VALAGERAHALLI KENGERI HOBLI, BANGALORE SOUTH TALUK 6. SMT GANGAMMA W/O LATE SRI MUNIYAPPA, AGED ABOUT 78 YEARS, 7. SRI MUNIRAJU S/O LATE GANGESHA, AGED ABOUT 34 YEARS, 8. TEJASWINI D/O LATE MUNIRAJU AGED ABOUT 31 YEARS, 9. SMT KALPANA @ KALYANAMMA D/O LATE MUNIYAPPA AGED ABOUT 53 YEARS, 10. SRI ANIL KUMAR S/O LATE MUNIYAPPA AGED ABOUT 50 YEARS, 11. SMT NAGARATHNAMMA W/O LATE SRI MUNIYAPPA, AGED ABOUT 49 YEARS, ALL ARE RESIDENTS OF NO.1033, 2ND MAIN, M C LAYOUT, VIJAYNAGAR, BANGALORE 12. SRI MUNIYAPPA S/O SRI CHIKKANARASIMHAIAH, AGED ABOUT 78 YEARS, SY.NO.1, VALAGERAHALLI, KENGERI HOBLI, BANGALORE SOUTH TALUK SINCE DECEASED BY LEGAL REPRESENTATIVES 12(a) SRI NARAYANSWAMY S/O LATE MUNIYAPPA, AGED ABOUT 60 YEARS, 12(b)SRI NAGAPPA S/O LATE MUNIYAPPA AGED ABOUT 57 YEARS, RESPONDENT NOS.12(a) and 12(b) ARE RESIDING AT SY.NO.1, VALAGERAHALLI, KENGERI HOBLI, BANGALORE SOUTH TALUK -560 060 13. SMT RENUKA D/O SRI MANTHAPPA, AGED ABOUT 55 YEARS, R/AT K .T. JAMBANNA NAGAR, DAVANAGERE TALUK & DISTRICT 14. NETHRAVATHI D/O LATE SRI RAMASWAMY, AGED ABOUT 65 YEARS, NO.171, MARUTHINAGAR, NAGARABHAVI 1ST STAGE, BANGALORE-560 072 15. SRI M BASAVARAJ S/O LATE MUNIRAMAIAH, AGED ABOUT 55 YEARS, SY.NO.29, VALAGERAHALLI, KENGERI HOBLI, BANGALORE SOUTH 16. SMT M D MARIYAMMA W/O SRI G.VENKATESH, AGED ABOUT 90 YEARS, SINCE DEAD BY LR 16(a) SRI NAGARAJA S/O LATE SMT.M.D. MARIYAMMA AGED ABOUT 56 YEARS, NO.1262, HOUSING BOARD COLONY, MAGADI MAIN ROAD, BANGALORE-560 079 17. SRI RAMAMURTHY S/O SRI MUNIRAMAIAH, AGED ABOUT 55 YEARS, 18. SMT NIRMALA D/O SRI MUNIRAMAIAH, AGED ABOUT 53 YEARS, 19. SMT LAKSHMI D/O SRI MUNIRAMAIAH, AGED ABOUT 51 YEARS, 20. SMT SHIVALELLAMMA D/O SRI MUNIRAMAIAH, AGED ABOUT 50 YEARS, 21. SRI ADIMURTHY S/O SRI MUNIRAMAIAH, AGED ABOUT 49 YEARS, 22. SRI UMESHA S/O SRI MUNIRAMAIAH, AGED ABOUT 42 YEARS, RESIDENTS OF SY.NO.1 VALAGERAHALLI, KENGERI HOBLI, BANGALORE SOUTH TALUK, BANGALORE-560 060 ... RESPONDENTS (BY SRI M.MUNIGANGAPPA, HCGP FOR R1 TO R4, SRI D.R.RAVISHANKAR, ADVOCATE FOR R5, SRI V.VISWANATH, ADVOCATE FOR R6, R7, R9 & R10 VIDE ORDER DATED 15.07.2013, R8, R11, R15, R19 SERVICE OF NOTICE IS HELD SUFFICIENT VIDE RODER DATED 17.11.2017, NOTICE TO R13, R14 & R20 ARE HELD SUFFICIENT SRI M.SIDDAGANGAIAH, ADVOCATE FOR R16(a) R17, R18, R21 & R22 ARE SERVED BUT UNREPRESENTED R12(a) and 12(b) ARE SERVED THROUGH HAND SUMMONS) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 18.2.1992 PASSED BY THE RESPONDENT NO.4 VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are purchasers of small bits of sites formed in Sy.No.33 of Volagerahalli, Kengeri Hobli, Bengaluru South Taluk.
2. Admittedly, the aforesaid survey number was a thoti inam land which was re-granted in favour of the legal heirs of Baravardar, who are Sanna Yelliga and Yellamma. The re-grant is admittedly on 27.7.1970 vide order of the Assistant Commissioner, Bengaluru Sub-Division, Bengaluru, which is at Annexure-H to these writ petitions. The records would indicate that said Sanna Yelliga and Yellamma have sold 1 acre 10 guntas of land in aforesaid Sy.No.33, which altogether measured 3 acres 7 guntas, to one Sri.M.Gangappa under a registered sale deed dated 4.4.1974. It is needless to bring on record the flow of title from said M.Gangappa to various persons in different forms and thereafter, the said land being converted in to small bits of lands.
3. However, it would suffice to state that in the layout which is subsequently formed by the subsequent purchasers, 1st petitioner has purchased site No.17 measuring 40 feet x 40 feet, 2nd petitioner has purchased site Nos.18 and 19 each measuring 30 feet x 40 feet, 3rd and 4th petitioners jointly purchased site bearing No.25 measuring 30 feet x 40 feet. It is these purchasers who are aggrieved by the order of the Tahsildar dated 18.2.1992 in proceedings bearing No.HA:CR:25/1989-90 are before this Court in seeking to quash the same so far as protection which is given to the original re-grantees with reference to land bearing Sy.No.33 of Volagerahalli. It is necessary to mention at this juncture that the re-grant was not only confined to Sy.No.33 but it was also with reference to land bearing Sy.Nos.1, 6, 29 and 53 of Volagerahalli as well as Sy.No.8 of Sonnenahalli.
4. The fact that re-grant was of the year 1970 is not in dispute. It is also not in dispute that the re-grantees have sold almost all the lands at various stages on different dates. So far as Sy.No.33 is concerned, the said land was sold prior to amendment to KVOA Act coming in to force in the year 1978 and rest of the sales are subsequent to Amendment Act No.13/1978 to KVOA Act coming in to force. In fact, with reference to such sales, this very Bench in the matter of M.Shivashankar –vs- Deputy Commissioner, Bangalore, reported in 2018 (4) Kar.L.J 580 has observed that any sale which is made prior to amendment to KVOA Act coming in to force vide Amendment Act No.13/1978 is saved in favour of the purchasers by virtue of catena of decisions rendered by the Coordinate Benches and Division Benches of this Court as well as the Apex Court, which would be in accepting the maxim Feeding the Grant by Estoppel, wherein the purchaser would be entitled to save the sale deed made in his favour.
5. It is in the aforesaid background, purchase of sites by the petitioners herein from the persons, who purchased an extent of 1 acre 10 guntas of land in Sy.No.33, is saved and the title which has cascaded down to the petitioners through the sale deeds which are executed in their favour is also saved. In that view of the matter, the order of the Tahsildar requires interference so far as Sy.No.33 is concerned.
6. Accordingly, by allowing these writ petitions, the order dated 18.2.1992 passed by the Tahsildar, Bengaluru South Taluk, in proceedings bearing No.HAO.CR.25/1989-
90 in saving the grant of land bearing Sy.No.33 of Volagerahalli, Kengeri Hobli, Bangalore South Taluk, in favour of original re-grantees is hereby quashed.
Sd/- JUDGE nd/-