IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION No.32816/2017(LR-RES) BETWEEN 1. SRI. MUNIRAJU S/O GURAPPA, S/O MUNISHAMAPPA, SINCE DEAD BY (a) SMT NAGARATHNAMMA, W/O LATE MUNIRAJU, AGED ABOUT 55 YEARS (b) SMT. LAKSHMAMMA D/O LATE MUNIRAJU, AGED ABOUT 32 YEARS (c) SRI RAVI KUMAR S/O LATE MUNIRAJU, AGED ABOUT 29 YEARS ALL ARE RESIDENTS OF KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT – 560 049 ... PETITIONERS (BY SRI N.BAYYA REDDY, ADVOCATE) AND 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT, MULTISTOREYED BUILDINGS, Dr.AMBEDKAR VEEDHI, 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. SRI PAPAIAH S/O LATE GURAPPA AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT:560 049 4. KRISHNAPPA, S/O MUNISHAME GOWDA SINCE DEAD BY LEGAL REPRESENTATIVES SMT. PARVATHAMMA, W/O LATE KRISHNAPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT:560 049 5. KRISHNAPPA S/O KUNTAPPA @ GIDDAPPA, SINCE DEAD BY LEGAL REPRESENTATIVES SMT KENCHAMMA, AGE :MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049, 6. SRI DODDAPAPAIAH S/O LATE GURAPPA SINCE DEAD BY LRS, a) SMT. YELLAMMA, W/O LATE DODDAPAPAIAH, AGE BY MAJOR b) SRI SRINIVAS S/O LATE DODDAPAPAIAH, AGE BY MAJOR c) SRI MUNINARAYANA S/O DODDAPAPAIAH, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT, PIN:560 049 7. SRI B.S. VENKATARAM S/O LATE SRI B.V. SEETHARAMAIAH, AGE BY MAJOR NO.132, 1ST MAIN ROAD, JUMBO PHOTO MERCHANTS, SESHADRIPURAM, BENGALURU-560 020 8. THE LAND ACQUISITION OFFICER BENGALURU DEVELOPMENT AUTHORITY, T. CHOWDAIAH ROAD, KUMARA PARK WEST, BENGALURU-560 020 9. SRI RAMAIAH S/O LATE KORACHARA MUNISHAMAPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT, PIN:560 049 10. SRI ANJINAPPA S/O NYATHAPPA, AGE : MAJOR, R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT, PIN:560 049 11. SRI SALAPPA (AS MENTIONED AT SL NO.7 IN THE CAUSE TITLE), SAKAPPA (ACTUAL NAME) S/O MUNISHAME GOWDA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT- 560 049, 12. SRI MOTAPPA S/O MUNISHAME GOWDA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049 13. SRI MUNISWAMY S/O THAYAPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049 14. SRI HANUMAPPA S/O GIDDAPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049 15. SRI MUNIVEERAPPA S/O ALAPANAHALLI NARAYANAPPA AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT- 560 049 16. SRI MUNIGIDDAPPA, S/O GIDDAPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049 17. SRI CHOWDAPPA, S/O VENKATARAMANAPPA AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049 18. SRI APPANNA S/O LATE ANNAIAHPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT-560 049 19. SRI CHIKKATHIPPAIAH S/O GIDDAPPA, AGE BY MAJOR R/O KONADASAPURA VILLAGE, VIRGONAGAR POST, BENGALURU EAST TALUK, BENGALURU DISTRICT- 560 049 ... RESPONDENTS (BY SRI S.S.MAHENDRA, ADDITIONAL GOVERNMENT ADVOCATE FOR RESPONDENT NOs.1 AND 2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 24.03.2016 VIDE ANNEXURE-F PASSED BY RESPONDENT No.2 AND QUASH ILLEGAL AWARD PASSED IF ANY AND ORDER OF RECOVERY OF COMPENSATION ILLEGALLY PAID BY RESPONDENT No.8 AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioners herein are the lineal descendants of one Sri Gurappa, son of Munishamappa (Muniswamappa), who initially filed application in Form No.7 before the Land Tribunal, Hosakote Taluk, seeking occupancy right in respect of land measuring to an extent of 01 Acre in Sy. No.18 (18/13) situate in Konadasapura village, Bidarahalli Hobli, Bengaluru East Taluk.
2. Petitioners have sought for quashing of the order dated 24.03.2016 (Annexure ‘F’ to the writ petition) passed by respondent No.2 – Land Tribunal, Bengaluru East Taluk, Bengaluru, in proceedings bearing No.LRF.9/2003-04 on the ground that the Land Tribunal has not complied with the direction issued by this Court dated 20.01.2000 in W.P. No.663/1993 (663C/1993) and has erroneously rejected the claim of Gurappa for occupancy rights in respect of the remaining 23 guntas of land in the aforesaid Sy. No.18(18/13), by disbelieving the evidence of his son, Muniraju (husband of petitioner No.1(a) herein) .
3. Petitioners have also sought for quashing of illegal award, if any, passed by respondent No.8 – Land Acquisition Officer, Bangalore Development Authority (for short, ‘BDA’). They seek an order for recovery of compensation illegally paid by BDA and restrain BDA from paying compensation, allotment of incentive sites or any other benefits accrued from the acquisition of lands in Sy. No.18 of Konadasapura village.
4. Brief facts of the case leading to this writ petition are as under:
4.1 Gurappa, the father-in-law of petitioner No.1(a) herein, filed application in Form No.7 before the Land Tribunal, Hosakote Taluk, seeking occupancy right in respect of an extent of 01 Acre of land in Sy. No.18 (18/13) (subject matter of the present writ petition) and other extents of lands in other survey numbers of Konadasapura village, Bidarahalli hobli, Bengaluru East Taluk on the ground that he was a tenant under respondent No.7 herein – Sri B.S. Venkataram prior to and as on 01.03.1974. Copy of the said application dated 11.10.1974 is at Annexure ‘A’ to the writ petition.
4.2 The Land Tribunal clubbed the said application filed by Gurappa along with similar applications filed by other persons in respect of different survey numbers of the same village i.e., Konadasapura and after issuing notice to the parties and conducting enquiry, by order dated 24.03.1982 (Annexure ‘C’ to the writ petition), granted occupancy right only in respect of 17 guntas of land in Sy. No.18 in favour of Gurappa on the ground that he was in possession and cultivation of the said extent of land. So far as his prayer for the remaining extent of 23 guntas in Sy. No.18 is concerned, the same was rejected by the Land Tribunal.
4.3 The said Gurappa along with similarly situated persons preferred writ petitions in W.P. Nos.663 to 665 of 1993 and other cases before this Court challenging the order of the Land Tribunal dated 24.03.1982. Gurappa was arrayed as petitioner No.4 in writ petition No.663/1993 (663C/1993), wherein he had challenged the order of the Land Tribunal 24.03.1982 insofar as it related to rejection of his claim in respect of 23 guntas of land in Sy. No.18 (18/13) (subject matter of the present writ petition) and certain extents of lands in Sy. Nos.1, 5, 16 and 19 of the said Konadasapura village in respect of which the Land Tribunal declined to grant occupancy rights in his favour.
4.4. A coordinate Bench of this Court, by order dated 20.01.2000 (Annexure ‘D’ to the writ petition), allowed all the writ petitions including the writ petition in W.P. No.663/1993 filed by Gurappa and while quashing the order of the Land Tribunal dated 24.03.1982, has remitted the matters to the Land Tribunal for fresh consideration and disposal. The Land Tribunal was directed to separately try all the claims of the petitioners therein by arraying the respective opponents and it was further directed to refer the claims made under the Mysore Personal and Miscellaneous Inams Abolition Act, 1954 and Mysore (Religious and Charitable) Inams Abolition Act, 1955, to the respective Deputy Commissioners who were empowered to deal with the matters in accordance with law in the light of the decision of this Court in the matter of Kudli Sringeri Mahasamsthana v. State of Karnataka reported in ILR 1992 Karnataka 1827.
4.5 Pursuant to the order of remand passed by coordinate Bench of this Court dated 20.01.2000, the Land Tribunal issued notice to both the parties. Gurappa died during the pendency of proceedings before the Land Tribunal. His son, Muniraju, filed his evidence by way of affidavit and sought for grant of the remaining extent of 23 guntas in Sy. No.18. He stated that the land in Sy. No.18 was acquired by BDA., and if occupancy rights in respect of the remaining 23 guntas was granted to him, he could claim compensation from the BDA.
4.6. During the pendency of proceedings before the Land Tribunal, Muniraju died and his wife, namely Smt. Nagarathnamma (petitioner No.1(a) herein) filed an application under Order 22 Rule 3 read with Section 151 of the Code of Civil Procedure along with an affidavit to the effect that herself and her children (petitioner Nos.1(b) and 1(c) herein) are the legal heirs of late Muniraju and sought to prosecute the matter. Accordingly, the petitioners herein were brought on record as the legal heirs of deceased Muniraju.
4.7 The Land Tribunal after issuing notice to the parties and on carefully scrutinizing the records, by order dated 24.03.2016, held that an extent of 17 guntas in Sy. No.18 which was actually in possession and cultivation of late Gurappa had been already confirmed in his favour in the earlier order dated 24.03.1982. Since the records reflected only an extent of 17 guntas in the name of Gurappa and not 01 Acre as claimed by him, the Land Tribunal rejected the claim of petitioners herein on the premise that the remaining 23 guntas in Sy. No.18 (18/13) was not in possession, cultivation and enjoyment of Gurappa at the relevant point of time and accordingly, he was not entitled to such grant. Being aggrieved by the same, petitioners are before this Court.
5. Heard the learned counsel for the petitioners and learned Additional Government Advocate appearing for respondent Nos.1 and 2. Perused the material on record. On going through the same, it is seen that the petitioners herein had approached this Court by filing two writ petitions in W.P. No.32815/2017 and 32817/2017 impugning the order of the Land Tribunal dated 24.03.2016, which is subject matter of challenge in the present petition, insofar as it related to certain extent of land/s in Sy. No.5 and Sy. No.19 respectively of Konadasapura village. The said writ petitions are already dismissed by this Court by separate order of even date i.e., 19.08.2017.
6. However, when the present writ petition came up for consideration, on going through the order impugned dated 24.03.2016 as well as earlier order of the Land Tribunal dated 24.03.1982 and order dated 20.01.2000 passed by coordinate Bench of this Court in W. P. Nos.663 to 665 of 1993 and connected matters and considering the fact that the revenue records reflected that Gurappa, the father-in-law of petitioner No.1(a) herein, was in possession and cultivation of only 17 guntas of land in Sy.No.18 (18/13) of Konadasapura and not 01 Acre as claimed by him at the relevant point of time, this Court is of the considered opinion that the Land Tribunal has rightly rejected the claim of petitioners for grant of occupancy rights in respect of the remaining 23 guntas of land in the said survey number. The said order of the Land Tribunal impugned in this proceedings is just and proper and does not call for interference by this Court.
Accordingly, the writ petition is dismissed.
Sd/- JUDGE sma