IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6th DAY OF DECEMBER, 2017 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA W.P. No.4245/2017 (KLR-RES) BETWEEN:
SRI. PAPAIAH S/O. LATE MUNINAGAPPA, SINCE DECEASED BY HIS LR’S SRI. VENKATESH S/O. LATE PAPAIAH, AGED ABOUT 55 YEARS, RESIDING AT MESIGANAHALLI VILLAGE, JALA HOBLI, BANGALORE NORTH (ADDL) TALUK, BANGALORE-562 149.
...PETITIONER (BY SRI. MALLIKARJUNA SWAMY S, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIKAS SOUDHA, BANGALORE-560 001.
2. THE DEPUTY COMMISSIONER BANGALORE NORTH SUB DVN, BANGALORE DISTRICT, BANGALORE- 560 001.
3. THE TAHASILDAR, BANGALORE NORTH ADDL. TALUK, BANGALORE-560 064.
...RESPONDENTS (BY SRI. KIRAN KUMAR T.L, AGA) ****** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER VIDE ANNEXURE-A PASSED BY THE R-2 DATED 22.2.2016 VIDE ANNEXURE-A AND ETC.
THIS PETITION COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner Sri Venkatesh is son of Papaiah, S/o Muni Nagappa, said to be the grantee of 2 acres of land in Mesiganahalli village, Jala Hobli, Bengaluru North (Additional) Taluk. The grievance of the petitioner is that Section 136 (3) proceedings is initiated before the Special Deputy Commissioner (1), North Sub Division, Bengaluru in RRT/2/N (A) CR 01/10-11 to ascertain the correctness or otherwise of the grant said to have been made in favour of his father and it is stated that the said proceedings is culminated in an order dated 22.02.2016. Though the said proceedings was initiated during the lifetime of his father who is said to have died in the year 2014 it is without notice to him and further without notice to his legal representatives who are not brought on record before passing the order impugned, which is at Annexure ‘A’ is passed.
2. When the original records are looked into, it would clearly indicate that the notice is duly served on the family members of Papaiah on 01.08.2010 which is received by his family member whose signature is affixed in English, which cannot be disbelieved. However, in the fact situation when the petitioner is claiming that he is in custody of original grant certificate and he had no occasion to produce the same before the competent authority, the writ petition filed by him is allowed by setting aside the order dated 22.02.2016 passed in RRT/2/N (A) CR 01/10-11 and the matter is restored to file in which the present petitioner Venkatesh who is said to be the legal representative of Papaiah is permitted to take notice and appear before the Special Deputy Commissioner (1) North Sub Division, Bengaluru and participate in the said proceedings by filing the relevant documents available with him. The Special Deputy Commissioner who is not a party in this proceedings shall hear and dispose of the same within four months from this date. To ensure that no further delay is there in the matter, the petitioner shall appear before the Special Deputy Commissioner (1) North Sub Division, Bengaluru on 20.12.2017 along with a copy of this order. By receiving the same the Special Deputy Commissioner can fix a date for reopening the said case. Accordingly, this writ petition is disposed of.
Sd/- JUDGE ykl