IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.24837/2011 (KVOA) C/W WRIT PETITION NOS.15861/2011 & 20502/2011(KVOA) W.P.NO.24837/2011 BETWEEN 1. SRI KUMARANAHALLI BASAVARAJAPPA, S/O LATE MELLAPPA AGED ABOUT 59 YEARS 2. SRI K M RANGAPPA S/O LATE MELLAPPA AGED ABOUT 57 YEARS SINCE DEAD BY HIS LEGAL REPRESENTATIVES 2(a) SMT.CHANDRAMMA W/O LATE K.M.RANGAPPA, AGED ABOUT 58 YEARS, 2(b) JAMUNA D/O LATE K.M.RANGAPPA, AGED ABOUT 24 YEARS, 2(c) GAYATHRI, D/O LATE K.M.RANGAPPA, AGED ABOUT 22 YEARS, 2(d) SANDEEP S/O LATE K.M.RANGAPPA, AGED ABOUT 20 YEARS, ALL ARE RESIDING AT R/O ARABILACHI VILLAGE AND POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT. ... PETITIONERS (BY SRI KISHORE KUMAR H.M, ADVOCATE FOR P1) AND 1. THE GOVERNMENT OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE M S BUILDING, DR AMBEDKAR VEEDHI BANGALORE-560 001 2. THE ASSISTANT DIRECTOR OF LAND RECORDS SHIMOGA DISTRICT SHIMOGA 3. THE TAHSILDAR BHADRAVATHI TALUK BHADRAVATHI SHIMOGA DISTRICT 4. SMT RATNAMMA W/O K N GADDIAGESHWARAPPA AGED ABOUT 45 YEARS R/AT ARABILACHI VILLAGE, ARABILACHI POST, BADRAVATHI TALUK SHIMOGA DISTRICT 5. SRI K M BASAVARAJA S/O PATEL MALLAPPA AGED ABOUT 58 YEARS AGRICULTURIST R/AT ARABILACHI VILLAGE, ARABILACHI POST, BADRAVATHI TALUK, SHIMOGA DISTRICT. ... RESPONDENTS (BY SRI M.MUNIGANGAPPA, HCGP FOR R1 TO R3, SRI M.V.MAHESHWARAPPA, ADVOCATE FOR R4, DR.M.R.RANGANATHA, ADVOCATE FOR R5) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS FROM THE OFFICE OF THE 3RD RESPONDENT PERTAINING TO THE IMPUGNED ENDORSEMENT/ORDER DATED 8.4.2011 AT ANNEXURE-C IN RESPECT OF THE LANDS MEASURING 4-09 GUNTAS IN SY. NO.52 OF AREBILACHI VILLAGE AND ETC.
W.P.NOS.15861/2011 & 20502/2011 BETWEEN SRI K.M. BASAVARAJAPPA PATEL, S/O PATEL MALLAPPA, AGED ABOUT 61 YEARS, AGRICULTURIST, R/O ARABALACHI, ARABALACHI POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT. ... PETITIONER (BY SRI DR RANGANATHA M R, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE M S BUILDINGS, BANGALORE - 560 001 2. THE TAHASILDAR BHADRAVATHI TALUK, BHADRAVATHI SHIMOGA DISTRICT 3. KUMARANAHALLI BASAVARAJAPPA S/O LATE MALLAPPA, MAJOR BHADRAVATHI TALUK SHIMOGA DISTRICT (DELETED R3 VIDE COURT ORDER DATED 9.8.2011) 4. K.M. RANGAPPA S/O LATE MALLAPPA MAJOR, SINCE DEAD BY HIS LEGAL REPRESENTATIVES 4(a) SMT.CHANDRAMMA, W/O LATE K.M.RANGAPPA, AGED ABOUT 58 YEARS, 4(b) JAMUNA D/O LATE K.M.RANGAPPA, AGED ABOUT 24 YEARS, 4(c) GAYATHRI, D/O LATE K.M.RANGAPPA, AGED ABOUT 22 YEARS, 4(d) SANDEEP S/O LATE K.M.RANGAPPA, AGED ABOUT 20 YEARS, ALL ARE RESIDING AT R/O ARABILACHI VILLAGE AND POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT.
5. SMT RATHNAMMA W/O K N GADDIGESHWAPPA, MAJOR R/O ARABILACHI, ARABILACHI POST BHADRAVATHI TALUK SHIMOGA DISTRICT 6. H .T. RAJASHEKARAPPA S/O THIMMAPPA, MAJOR R/O ARABILACHI ARABILACHI POST BHADRAVATHI TALUK SHIMOGA DISTRICT 7. H T UMESH S/O THIMMAPPA, MAJOR R/O ARABILACHI, ARABILACHI POST, BHADRAVATHI TALUK SHIMOGA DISTRICT 8. H T SURESH S/O THIMMAPPA, MAJOR R/O ARABILACHI, ARABILACHI POST, BHADRAVATHI TALUK SHIMOGA DISTRICT 9. H.M. OMKARAPPA S/O MELAPPA, MAJOR R/O ARABILACHI, ARABILACHI POST, BHADRAVATHI TALUK SHIMOGA DISTRICT (DELETED R9 VIDE COURT ORDER DATED 09.08.2011) 10. H M RAJKUMAR S/O MELAPPA, MAJOR R/O ARABILACHI, ARABILACHI POST, BHADRAVATHI TALUK, SHIMOGA DISTRICT 11. H M RUDRAPPA S/O MELAPPA, MAJOR R/O ARABILACHI, ARABILACHI POST, BHADRAVATHI TALUK SHIMOGA DISTRICT 12. SMT CHANDRAMMA W/O LATE RANGAPPA SINCE DECEASED REPRESENTED BY HER LRS 12(a) KAMALAMMA D/O RANGAPPA MAJOR, (DELETED R12(a) VIDE COURT ORDER DATED 9.8.2011) 12(b) RAJA S/O LATE RANGAPPA BOTH ARE MAJORS BOTH ARE R/O ARABILACHI ARABILACHI POST, BHADRAVATHI TALUK SHIMOGA DISTRICT 13 H R DEVENDRAPPA S/O LATE RANGAPPA SINCE DECEASED REPRESENTED BY HIS LEGAL REPRESENTATIVES 13(a) SMT. RADHAMMA W/O LATE DEVENDRAPPA AGED ABOUT 25 YEARS R/O ARABILACHI ARABILACHI POST BHADRAVATHI TALUK SHIMOGA DISTRICT ... RESPONDENTS (BY SRI M.MUNIGANGAPPA, HCGP FOR R1 & R2, SRI KISHORE KUMAR.H.M, ADVOCATE FOR R3, SRI ANANDEESHWARA, ADVOCATE FOR R4(a to d) SRI M.V.MAHESHWARAPPA, ADVOCATE FOR R5, R6, R13(a) ARE SERVED BUT UNREPRESENTED SRI RAJASHEKAR.S, ADVOCATE FOR R7, R8, R10, R11(a & b) & R12(b) VIDE ORDER DATED 09.08.2011, R3, R9 AND R12(a) ARE DELETED) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER / ENDORSEMENT ISSUED BY THE TAHSILDAR DATED 18.6.2007 VIDE ANNEXURE-B, AND THE ORDER 27.9.2010 PASSED BY THE PRINCIPAL DISTRICT JUDGE, SHIMOGA IN M.A. NO.17/2009 VIDE ANNEXURE-F AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In these writ petitions though the first petitioner is one and the same in both the petitions his name is shown differently in each of the petitions and in the second of the petitions his brother has also joined him in filing the said writ petitions clearly indicating that they are the members of same family.
2. The records would indicate that petitioners were seeking re-grant of lands in Sy.No.113 and 52 of Arebilachi Village, Bhadravathi Taluk, Shivamogga District, contending that they are service inam lands of their family, hence they are required to be re-granted to them. However, the said prayer of the petitioner/s was rejected by Tahsildar, Bhadravathi, in proceedings bearing No.
VOAC.CR/16/2003-04, dated 18.6.2007, wherein the Tahsildar would clearly indicate that though the lands in question were service inam lands, they are not available for re-grant in as much as Sy.No.113 was given to Baravardar Halappa bin Halappa Poora vide G.O No.5046:9/GR 2036- 89, dated 3.6.1937 and the same is taken by one Parvathappa in Darkasth auction. Subsequently, in proceedings No.ADA.61/37-38, Cheeti No.14 D.37-38, the said land is divided between H.P.Melappa as party No.1, H.M.Jayanna as party No.2 and others.
3. So far as Sy.No.52 is concerned, the same was registered in the name of one K.Navilappa pursuant to the order of Tahsildar, Bhadravathi in proceedings No.IC68/65-
66 and subsequently, by GO No.RD.576/VOA:57, dated 16/17.7.1958, the said land is reduced from patel inam land and consequently, confirmed in the name of Melappa, hence, the said lands are not available. Therefore, without challenging the aforesaid transaction, the application of the petitioner/s for re-grant cannot be considered. Accordingly, the Tahsildar, dismissed the application of the petitioner/s seeking re-grant.
4. Being aggrieved by the said order petitioner - K.M.Basavarajappa filed an appeal in MA.No.17/2009 in respect of Sy.Nos.52 and 113, wherein the District Judge while re-appreciating the material on record discussed in detail about the manner in which the lands which are sought to be re-granted are already standing in the name of different persons based on auction which was conducted prior to 1938 and also certain transactions which have taken place in the year 1966. Thereafter, dismissed the said appeal by order dated 27.9.2010 in confirming the order of Tahsildar in No.VOAC.CR/16/2003-04 dated 18.6.2007.
5. Subsequently, the petitioner/s have approached the Tahsildar, Bhadravathi, for transferring katha of aforesaid lands, which also came to be dismissed by order dated 8.4.2011 in No.VOAC.CR.12/2010-11, which is called in question in WP.No.24837/2011 by Basavarajappa along with his brother and they are also seeking a direction to 3rd respondent – Tahsildar to change katha of land bearing Sy.No.52 from the name of Melappa to their names. So far as WP.Nos.15861/2011 & 20502/11 filed by Basavarajappa are concerned, it is in impugning the orders of Tahsidlar dated 18.6.2007 as well as the order dated 27.9.2010 of the learned District Judge in MA.No.17/2009 and also for a direction to respondents 1 and 2 to consider their case for re-grant of lands in question.
6. On going through the grounds urged with reference to the orders impugned, this Court find that no justifiable grounds are made out to interfere with the orders of Tahsildar, Bhadravathi, which is confirmed by the learned District Judge in MA.No.17/2009. So also with reference to the endorsement dated 8.4.2011 issued by the Tahsildar. Accordingly, these writ petitions are dismissed.
Sd/- JUDGE nd/-