IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JULY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NOs.12440-41/2013(LR-SEC 48A) BETWEEN SRI N G BASAVARAJAIAH SINCE DECEASED BY HIS LRS.
1. SMT.RAJARATHNAMMA, SINCE DECEASED BY HIS LEGAL REPRESENTATIVES, THE RESPONDENT NO.2 HEREIN BEING THE ONLY LR HAS BEEN TREATED AS LR OF SMT.RAJARATHNAMMA (AS PER ORDER DATED 18.06.2019) 2. SRI BHANU PRAKASH AGED ABOUT 23 YEARS, S/O LATE N.G.BASAVARAHJAIAH, PETITIONERS 1 & 2 ARE PRESENTLY R/AT NO. BANU NILAYA, BSK II STAGE, MARALUR POST, TUMKUR-572105. ... PETITIONERS (BY SRI K K VASANTH, ADVOCATE) AND 1. THE LAND TRIBUNAL BANGALORE NORTH TALUK, BANGALORE NORTH SUB DIVISION, KANDAYA BHAVANA, NEAR BANGALORE CITY CIVIL COURT COMPLEX, BANGALORE-560 009.
2. SRI KEMPAIAH, SINCE DEAD BY HIS LRS.
2(a) SMT. LAKSHMAMMA, AGED ABOUT 65 YEARS, W/O LATE KEMPAIAH, 2(b) SMT. MUNIYAMMA AGED ABOUT 45 YEARS, D/O LATE KEMPAIAH, 2(c) SMT. KEMPAMMA AGED ABOUT 42 YEARS, D/O LATE KEMPAIAH, 2(d) SRI MUNI RUDRAIAH AGED ABOUT 40 YEARS, S/O LATE KEMPAIAH, 2(e) SRI LAKSHMANA AGED ABOUT 30 YEARS, S/O LATE KEMPAIAH, RESPONDENT NOS.2(a) to 2(e) ARE R/AT KOOLIPURA VILLAGE, KASABA HOBLI, NELAMANGALA TALUK, BANGALORE RURAL DISTRICT - 562 123. ... RESPONDENTS [BY SRI B.P.RADHA, AGA FOR R1 SRI ANEES AHAMED, ADVOCATE FOR R(a to e)] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDERS DATED 23.10.2010 IN LRF NO.2/1975-
76 PASSED BY THE LAND TRIBUNAL, BANGALORE NORTH TALUK VIDE ANNEXURE-A AND ETC.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner herein is impugning the order dated 23.10.2010 passed in LRF.No.2/1975-76 on the file of the Land Tribunal, Bengaluru North Taluk, Bengaluru.
2. The said proceedings was initiated at the instance of one Kempaiah s/o Mariyappa of Kolipura village, Kasaba Hobli, Nelamangala Taluk, Bengaluru Rural District, where he would file Form No.7 seeking grant of occupancy rights in respect of land bearing Sy.No.139/6, measuring to an extent of 1 acre 36 guntas of Bettanagere Village, Dasanapura Hobli. It is stated that said application was filed on 20.8.1974 against the original owner one H.Gubbanna and initially, the said application came to be allowed by order dated 28.10.1976. The said order was subject matter of challenge before the Co-ordinate Bench of this Court in WP.No.5642/1981, which writ petition came to be allowed in quashing the order of Land Tribunal dated 28.10.1976 and consequently, remanding the matter back to the Tribunal for fresh consideration.
3. However, since the application was not disposed of for long time, the tenant filed another writ petition in WP.No.35039/1994 in seeking a direction to the respondent – authority to dispose of the pending application at the earliest. The said writ petition came to be disposed of on 10.12.1999 in directing the Land Tribunal to dispose of the application within two months. In this second round, the application came to be allowed by the Land Tribunal by order dated 24.6.2002 which was again subject matter of challenge in WP.No.40716/2002 by the applicant, which also came to be allowed by order dated 30.6.2005 in quashing the order of the Land Tribunal in considering the tenancy claim by Kempaiah to a different village. Thereafter, the matter was sent back for reconsideration.
4. It is in the said remanded proceedings, when the matter was pending consideration, the original landlord H.Gubbanna’s son N.G.Basavarajaiah who was continuing the said proceedings died on 25.2.2010. However, inspite of landlord having died, the legal representatives of said Basavarajaiah were not brought on record and the application in LRF.No.2/1975-76 was decided by order dated 23.10.2012, which is sought to be challenged in this proceedings by the legal representatives of deceased N.G.Basavarajaiah.
5. Incidentally, after filing of these writ petitions, the wife of N.G.Basavarajaiah who is one of the petitioners has died. Now, the surviving legal representative is, only son of said N.G.Basavarajaiah and he is pursuing these writ petitions. In the meanwhile, original applicant – Kempaiah has also died and his legal representatives are brought on record.
6. After hearing the learned counsel for the petitioner as well as the learned Additional Government Advocate for 1st respondent and learned counsel for respondents 2(a) to (e), this Court would observe that, since the order impugned is passed after the death of landlord without bringing his legal representatives on record, the said order requires to be set aside and the matter requires to be remanded back to the Land Tribunal.
7. Accordingly, order dated 23.10.2010 passed in LRF.No.2/1975-76 on the file of the Land Tribunal, Bengaluru North Taluk, Bengaluru, is set aside and the same is remanded back to the Land Tribunal, Bengaluru North Taluk, (within whose jurisdiction the land in question is situated) for fresh consideration, where the Land Tribunal is required to issue notice to the petitioner herein and thereafter, to consider the proceedings in LRF.No.2/1974-75 afresh on the merits of the case.
8. With such observations, these writ petitions are disposed of.
nd/-
Sd/- JUDGE