IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.31821/2017 (LR-RES) BETWEEN:
1.SRI. MUNIRAJU SINCE DEAD BY LRS 1(a)SMT NAGARATHNAMMA AGED ABOUT 55 YEARS W/O LATE MUNIRAJU 1(b)SMT LAKSHMAMMA AGED ABOUT 32 YEARS D/O LATE MUNIRAJU 1(c)SRI RAVIKUMAR AGED ABOUT 29 YEARS S/O LATE MUNIRAJU ALL ARE RESIDING AT KONADASAPURA VILLAGE BIDARAHALLI HOBLI BANGALORE EAST TALUK-560 049. ... PETITIONERS (By Sri. BAYYA REDDY N., ADV.) AND:
1.THE STATE OF KARNATAKA REVENUE DEPARTMENT MULTISTOREYED BUILDINGS DR AMBEDKAR VEDHI BENGALURU-560 001 BY ITS SECRETARY 2.THE LAND TRIBUNAL BENGALURU EAST TALUK “KANDHAYA BHAVAN”, K G ROAD, BENGALURU-560 009 REPRESENTED BY ITS CHAIRMAN 3.SIR SIDDAPPA MAJOR BY AGE FATHER NAME NOT KNOWN RESIDENTS OF KONADASAPURA VILLAGE BIDARAHALLI HOBLI BENGALURU EAST TALUK 4.KRISHNAPPA S/O KUNTAPPA @ GIDDAPPA SINCE DEAD BY SMT KENCHAMMA, MAJOR, R/O KONADASAPURA VILLAGE VIRGONAGAR POST BENGALURU EAST TALUK BENGALURU DISTRICT-560 049 5.DODDAPAPAIAH S/O DODDAVENKATAPPA R/O KONADASAPURA VILLAGE VIRGONAGAR POST BENGALURU EAST TALUK BENGALURU DISTRICT-560 049 6.SMT NEELAMMA MAJOR BY AGE FATHER NAME NOT KNOWN 7.SRI SAKAPPA MAJOR BY AGE FATHER NAME NOT KNOWN 8.SRI BOMMANNA MAJOR BY AGE FATHER NAME NOT KNOWN 9.SRI GURAPPA MAJOR BY AGE FATHER NAME NOT KNOWN 10.SRI MOTAPPA MAJOR BY AGE FATHER NAME NOT KNOWN 11.SRI MUNISHAMAPPA MAJOR BY AGE FATHER NAME NOT KNOWN 12.SRI APPANNA MAJOR BY AGE FATHER NAME NOT KNOWN 13.SRI CHOWDAPPA MAJOR BY AGE FATHER NAME NOT KNOWN 14.SRI RAMAIAH MAJOR BY AGE S/O KORACHARA MUNISWAMAPPA 6 TO 14 ARE RESIDENTS OF KONADASAPURA VILLAGE BIDARAHALLI HOBLI, BENGALURU EAST TALUK BENGALURU-560 049.
15.SRI B S VENKATARAM MAJOR BY AGE NO.132, 1ST MAIN ROAD JAMBO PHOTO MERCHANTS SESHADRIPURAM BANGALORE -20.
16.THE SPECIAL LAND ACQUISITION OFFICER, BENGALURU DEVELOPMENT AUTHORITY, KUMARA PARK WEST, BENGALURU-560 020. ... RESPONDENTS (By Sri.S.V. GIRIKUMAR, AGA FOR R-1 AND R-2) -0-0-0-0-
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DTD 24.03.2016 PASSED IN NO. LRF.07/2003-04 VIDE ANNX-F PASSED BY R-2 AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R This writ petition is by the petitioners 13 (a to c) in LRF.No.7/2003-04 on the file of the Land Tribunal, Bengaluru North Taluk, which was disposed of along with LRF.No.809, 215, 207/1974-75 by common order dated 24.3.2016. They have come up in this writ petition impugning the aforesaid order insofar as it pertains to LRF.No.7/2003-04 which is at Annexure-F to the writ petition.
2. The brief facts leading to this writ petition are that the father-in-law of the first petitioner i.e. her husband Muniraju’s father Gurappa was said to be the tenant in respect of the land bearing Survey No.16 of Konadasapura Village, Bidarahalli Hobli, to an extent of 2 acres 10 guntas. It is stated that he had filed an application in Form No.7 seeking occupancy rights for the aforesaid land which was registered before the Land Tribunal, Hosakote, in LRF.No.7/2003-04. The said application in LRF.No.7/2003-04 was initially disposed of by the Land Tribunal by order dated 24.3.1982 which was subject matter of a batch of writ petitions commencing in W.P.No.663-665/93 and other connected matters before a co-ordinate bench of this Court which came to be disposed of by order dated 20.1.2000. Wherein the aforesaid batch of writ petitions were allowed and the orders passed in various proceedings including LRF.No.7/2003-04 was set aside and the matter was remanded back for fresh consideration. Accordingly, the remanded proceedings before the Land Tribunal, Bangalore North Taluk, came to be disposed of by an order dated 24.3.2016, which is the subject-matter of this writ petition.
3. Incidentally, other applicants in Form No.7 had approached this Court in W.P.No.32816/17 which came to be disposed of by this Court by a detailed order dated 27.10.2017. The reasons given therein would apply to the facts in the case on hand.
4. Accordingly, in terms of the order passed in W.P.No.32816/17 (LR-RES) disposed of by order dated 27.10.2017, this writ petition is also disposed of and the order of the Land Tribunal in LRF.No.07/2003-04 dated 24.3.2016 is confirmed insofar as the petitioners’ in this writ petition are concerned.
Sd/-
JUDGE *alb/-.