IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF NOVEMBER, 2019 PRESENT THE HON’BLE MR.ABHAY S. OKA, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE PRADEEP SINGH YERUR WRIT APPEAL NO.2811 OF 2019 (KVOA) BETWEEN:
SRI BASAVANYAPPA S/O. BHARMAPPA SINCE DEAD BY HIS LRS 1. SMT. GURUBASAMMA W/O LATE BASAVANYAPPA AGED ABOUT 62 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT – 577 217 2. SMT. MANJULA S.L. W/O LINGAMURTHY AGED ABOUT 41 YEARS R/O. KENCHIKOPPA VILLAGE AND POST NYMATHI TALUK DAVANAGERE DISTRICT – 577 223 3. SMT. ASHALATHA W/O PALAKSHAPPA AGED ABOUT 39 YEARS R/O. DODDERAHALLI VILLAGE HATHUR POST, HONNALI TALUK DAVANAGERE DISTRICT – 577 217 4. SRI MOHAN KUMAR H.B. S/O. LATE BASAVANYAPPA AGED ABOUT 37 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT – 577 217 …APPELLANTS (BY SRI VIGHNESHWAR S. SHASTRI, ADVOCATE) AND:
SRI HUCHHIRAPPA SINCE DEAD BY LEGAL HEIR 1. SRI.S. KUBERAPPA S/O LATE HUCHHIRAPPA AGED AOBUT 45 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT SMT. SIDDAMMA SINCE DEAD BY LEGAL HEIRS 2. SRI S. ESHAPPA S/O. LATE ERAPPA AGED ABOUT 61 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 3. SRI S HEMAPPA S/O. LATE ERAPPA AGED ABOUT 55 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT–577 217 4. SMT. HANUMANTHAMMA W/O. SIDDAPPA AGED ABOUT 81 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 5. SRI BASAVARAJAPPA S/O. SIDDAPPA AGED ABOUT 59 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 6. SRI VIGNESHWARAPPA S/O. BASAVANYAPPA AGED ABOUT 57 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI BASAVANYAPPA S/O .SHIVARUDRAPPA DEAD BY LEGAL HEIRS 7. SRI RAMESH S/O. LATE BASAVANYAPPA AGED ABOUT 66 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 8. SRI GANGAPPA S/O. BASAVANYAPPA AGED ABOUT 61 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 9. SRI S. MAHADEVAPPA S/O. SHIVARUDRAPPA AGED ABOUT 86 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI S. SHIVARUDRAPPA DEAD BY LEGAL HEIRS 10. SRI VIRUPAKSHAPPA S/O LATE S. SHIVARUDRAPPA AGED ABOUT 47 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI RUDRAPPA S/O. DODDA VEERAPPA DEAD BY LEGAL HEIRS 11. SRI MAHESHWARAPPA S/O. S.RUDRAPPA AGED ABOUT 66 YEARS R/O. G. GOPANGONDANAHALLI HONNALI TALUK DAVANAGERE DISTRICT-577 217 12. SRI SIDDAPPA S/O. S. RUDRAPPA AGED ABOUT 61 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 13. SRI ERAPPA S/O. S. RUDRAPPA, AGED ABOUT 56 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 14. SRI K.RUDRAGOUNDA S/O. DODDA VEERAPPA AGED ABOUT 69 YEARS R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 15. SRI G.K.PARAMESHWARAPPA S/O. KENCHAVEERAPPA AGED ABOUT 56 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SMT. PARVATHAMMA W/O SHIVARUDRAPPA DEAD BY LEGAL HEARS 16. SRI. MAHESHWARAPPA S/O. SHIVARUDRAPPA ABED ABOUT 53 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 17. SRI. B. VEERAPPA S/O. SHIVARUDRAPPA AGED ABOUT 50 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI C. THIMMAPPA S/O. CHANNAPPA DEAD BY LEGAL HEIRS 18. SRI C. SIDDAPPA S/O. C. THIMMAPPA AGED ABOUT 51 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 19. SRI B.NAGARAJAPPA S/O. C. THIMMAPPA AGED ABOUT 45 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI RUDRAPPA S/O ERAPPA DEAD BY LEGAL HEIRS 20. SRI ERAPPA S/O. LATE RUDRAPPA AGED ABOUT 55 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 21. SRI SIDDAPPA S/O. LATE RUDRAPPA AGED ABOUT 51 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 22. SRI G V PARAMESHWARAPPA S/O. VEERAPPA AGED BOUT 71 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI HALAGAPPA S/O SHIVARUDRAPPA, DEAD BY LEGAL HEIRS 23. SRI H. SHEKARAPPA S/O LATE HALAGAPPA AGED ABOUT 66 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 24. SRI H. VEERANAGOUDA S/O LATE HALAGAPPA AGED ABOUT 61 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 25. SRI H. RAJAPPA AGED ABOUT 56 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI D L VEERABHADRAPPA S/O SHIVARUDRAPPA DEAD BY LEGAL HEIRS 26. SRI NAGARAJAPPA S/O.LATE D.L.VEERABHADRAPPA AGED AOBUT 58 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI S. PARAMESHWARAPPA S/O SHIVARUDRAPPA DEAD BY LEGAL HEIRS 27. SRI VEERANAGOUDA S/O. LATE S.PARAMESHWARAPPA AGED ABOUT 30 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 28. SRI B. YUVARAJ S/O.LATE S.PARAMESHWARAPPA AGED ABOUT 27 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI G.MAHESHWARAPPA S/O ERAPPA DEAD BY LEGAL HEIRS 29. SMT. BASAMMA W/O. LATE G. MAHESHWARAPPA AGED ABOUT 65 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 30. SRI SIDDALINGAPPA S/O SIDDAPPA AGED ABOUT 57 YEARS AGRICULTURIST R/O. KOKKANUR VILLAGE HARIHARA TALUK DAVANAGERE DISTRICT-577 217 SMT. LAKKAMMA W/O BASAVANYAPPA DEAD BY LEGAL HEIRS 31. SRI GADIGEPPA S/O. LATE BASAVANYAPPA AGED ABOUT 51 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 32. SRI B.NAGAPPA S/O LATE BASAVANYAPPA AGED ABOUT 61 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577217 33. SRI KARIBASAPPA S/O. RUDRAPPA AGED ABOUT 50 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 34. SRI G.GADIGEPPA GOUDA S/O. SHIVAPPA GOUDA AGED ABOUT 56 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 35. SRI M.KARIBASAPPA S/O RUDRAPPA AGED ABOUT 53 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 36. SRI G. GADIGEPPA GOUDA S/O. SHIVAPPA GOWDA AGED ABOUT 56 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 37. SRI M.KARIBASAPPA S/O. CHANNAPPA AGED ABOUT 51 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SMT. DEVIRARAMA W/O. LATE S. SHIVAPPA DEAD BY LEGAL HEIRS 38. SRI SIDDAPPA S/O. LATE SHIVAPPA AGED ABOUT 66 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 39. SRI KARIBASAPPA S/O. LATE S. SHIVAPPA, AGED ABOUT 61 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 SRI PATEL VEERABHADRAPPA S/O ERAPPA DEAD BY LEGAL HEIRS 40. SRI VEERAPPA S/O. PATEL VEERABHADRAPPA AGED ABOUT 66 YEARS AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 HALAPPA S/O RUDRAPPA DEAD BY LEGAL HEIRS 41. SMT. GANGAMMA W/O. LATE HALAPPA AGRICULTURIST R/O. DODDERAHALLI VILLAGE HONNALI TALUK DAVANAGERE DISTRICT-577 217 42. THE TAHSILDAR HONNALI TALUK, HONNALI DAVANAGERE DISTRICT-577 217 ... RESPONDENTS (BY SRI VIKRAM HUILGOL, HCGP FOR R42) *** THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET ASIDE THE ORDER DATED 24.06.2019 PASSED BY THE SINGLE JUDGE IN WRIT PETITION NO.3264/2018(KVOA) WITH RESPECT TO ORDER DATED 30.06.2017 PASSED ON I.A.NO.I AS WELL AS ON THE MAIN APPEAL IN M.A.NO.2/2015 ON THE FILE OF PRINCIPAL DISTRICT AND SESSIONS JUDGE AT DAVANAGERE (ANNEXURE-F) TO THE WRIT PETITION CONSEQUENTLY ALLOW THE WRIT PETITION AS PRAYED FOR BY ALLOWING THIS APPEAL.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING THIS DAY, PRADEEP SINGH YERUR.J, DELIVERED THE FOLLOWING:
JUDGMENT Heard the learned counsel appearing for the appellant and learned HCGP appearing for respondent No.42.
2. The respondent Nos.1 to 41 were not served with the notice in the writ petition. Hence, notice to the said respondents is dispensed with in this appeal.
3. The appellants herein are the writ petitioners, who had filed the writ petition seeking to quash the order dated 30th June 2017 passed on IA No.I in M.A. No.2 of 2015 by the Principal District and Sessions Judge at Davanagere.
4. It is the case of the appellants that the lands in Sy. Nos.1 & 3 measuring 32 acres 16 guntas (including 1 Acre 23 guntas) and 19 acres 30 guntas respectively, situated at Dodderahalli Village, Honnali Taluk, are attached to the Patel office of the said Village. One Sanna Erappa, Son of Halagappa sold the land measuring 27 guntas in Sy. No. 3 of Dodderahalli Village, Honnali Taluk to the predecessor of the original petitioner (Basavanyappa) as authorized holder and ever since the sale deed, the original petitioner was in possession of the said property as an absolute owner.
5. The said Basavanyappa had filed an application on 26th March 1992 before the then Tahsildar for re-grant of the property measuring 27 guntas in Sy. No. 3 of the said village. Later on, the said Basavanyappa came to know that the land was not re-granted in his favour. Hence, he challenged the proceedings in VOA CR 45/1998-99 dated 31st December 1999 by filing an appeal in MA No.2 of 2015 before the Principal District & Sessions Judge, Davanagere. In the said appeal, he also filed an application under Section 5 of the Limitation Act for condoning the delay of more than 14 years in filing the appeal. After hearing the parties, the delay condonation application came to be dismissed, in view of the fact that there was enormous delay in filing the said appeal. Consequently, the appeal was also dismissed by the Order dated 30th June 2017.
6. Aggrieved by the order passed in the appeal, the appellants preferred W.P. No.3264/2018 challenging the order dated 30th June 2017.
7. After consideration of the Miscellaneous Appeal and the contentions put forth by the appellants, the learned Single Judge dismissed the writ petition on the ground that there is an inordinate delay of 14 years 6 months in challenging the original order. The learned Single Judge also held that admittedl y the lands in Sy. No. 3 were granted to various persons, who are respondent Nos.1 to 41. It would also be necessary to mention that notice to respondent Nos.1 to 41 was not issued as no purpose would be served by hearing them.
8. We have heard the learned counsel appearing for the appellants. Perused the order of the Principal District and Sessions Judge at Davanagere as well as the order passed by the learned Single Judge.
9. We concur with the finding and decision of the learned Single Judge as the appellants have kept quiet for more than 14 years 6 months in challenging the order passed by the respondent No.42 – Tahsildar, Honnali Taluk, Honnali, Davanagere District. Moreover, during this long period, some portions of the subject land were allotted to the respondent Nos. 1 to 41. The District Court did not accept the case that the appellant before it was not aware of the impugned order till the year 2014. Hence, under Article 227 of the Constitution of India, it was not a fit case for interference.
10. Accordingly, no interference is called for with the order passed by the learned Single Judge. The writ appeal fails and it is dismissed. No order as to costs.
Sd/- CHIEF JUSTICE Sd/- JUDGE VK