IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF FEBRUARY 2019 BEFORE THE HON’BLE Mr. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.47608 OF 2011 & WRIT PETITION NOs.46701-46702 OF 2016 & WRIT PETITION NOs.46703-46706 OF 2016 (KLR-RR/SUR) Between:
1. Sri.Periyappa, dead, 2. Sri.Chinnappa, dead, 3. Sri Kakappa, Aged 79 years, 4. Sri Kaverappa, Aged 77 years, 5. Sri Chikkaveerappa, dead, 6. Sri Krishnappa, dead, 7. Sri M Nagaraj, Aged about 58 years, All are sons of late Munishamappa, R/at Mahantalingapura Village, Jigani Hobli, Anekal Taluk, Bengaluru Urban District-562106, (Petitioners not seeking senior citizen benefits). ... Petitioners (By Sri.Vema Reddy.S, Advocate) And:
1. The State of Karnataka, Rep. by its Principal Secretary, Revenue Department, M.S.Building, Bengaluru-560001.
2. The Special Deputy Commissioner, East Taluk and Anekal Taluk, Jigani Hobli, Bengaluru District-562 106.
3. The Tahsildar, Anekal Taluk, Bengaluru District-562 106. ... Respondents (By Sri.T.S.Mahantesh, AGA) These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to quash the impugned order passed exparte by the 2nd respondent - Special Deputy Commissioner, Bengaluru dated 2.8.2011 as per Annexure-A and etc., These Writ Petitions coming on for Orders this day, the Court made the following:-
ORDER These writ petitions are filed in the name of four dead persons and three persons who are alive as on 19.12.2011. The causetitle of the writ petitions would indicate that they are the children of one Muniswamappa, resident of Mahantalingapura Village, Jigani Hobli, Anekal Taluk.
2. In these writ petitions, petitioners are seeking writ of certiorari or any other appropriate order to quash the impugned order passed exparte by the Respondent No.2- Special Deputy Commissioner in RTT(A)CR/313/2010-11 dated 02.08.2011 which is at Annexure-A. When these writ petitions were filed, it was indicated that four of the petitioners had affixed their signatures, but they did not come forward to state whether the persons who did not affix their signatures were alive or not on that day. Several office objections were raised. Hence, writ petitions came to be dismissed on 17.04.2012. Thereafter, applications in I.A.No.1/2012 for condonation delay in filing the application to recall the order dated 17.04.2012 and I.A.No.2/2012 to recall the order dated 17.04.2012 were filed and the same were allowed by order dated 08.08.2016. It is also seen that the office objections which were raised were not clarified. It is in this background that these writ petitions were being listed from time to time.
3. It is seen that in the meanwhile, twelve applications are said to be filed in I.A.Nos.1/2016 to 12/2016 which are by the L.Rs of dead persons in whose name the writ petitions were filed. The applications in I.A.Nos.1/2016 to I.A.No.9/2016 are also dismissed at the request of the petitioners.
4. Today these writ petitions are listed to consider I.A.Nos.10/2006 to 12/2006 by the L.Rs of Petitioner No.2 seeking permission to come on record. Admittedly, these writ petitions are filed in the name of deceased person Chinnappa as Petitioner No.2. Now, his L.Rs are before this Court. When these writ petitions are at the stage of considering the applications, the order impugned is looked into. On going through the same, it is seen that the Special Deputy Commissioner of East Taluk/ Anekal Taluk/Bengaluru north has initiated proceedings in No.RRT(A)CR/313/2010-11 under Section 136(3) of the Land Revenue Act, 1964, calling upon one Kakappa who is Petitioner No.3 herein to substantiate how an extent of 3 acres in Survey No.487/P5 of Mahantalingapura village, Jigani Hobli, Anekal Taluk, Bengaluru Rural District at Annexure-E was registered in his name. Though the said notice dated 26.04.2011 was served on him, he has not given any particulars with reference to his right to the said property. Therefore, the said proceedings came to be disposed of by order dated 02.08.2011 in No.RRT(A)CR/313/2010-11 which order is impugned at Annexure-A in this writ petition.
5. A reading of the said order impugned clearly indicates that after service of notice, Kakappa and his brothers who are Petitioner Nos.1, 2, 4 to 7 in these writ petitions appeared before Respondent No.2-Special Deputy Commissioner in proceedings No.RRT(A)CR/313/2010-11 through counsel. They sought time to file documents to demonstrate their title to the property. Though time was granted neither the petitioners nor their counsel appeared before the said authority and furnished all the records to demonstrate as to how they got title to the said property. In the absence of any document being furnished, the authority was convinced that there is no basis for registering an extent of 3 acres in Survey No.487/P15 of Mahantalingapura village, Jigani Hobli, Anekal Taluk, Bengaluru Rural District to be registered in their names, which is admittedly, Government land. In that view of the matter, by order dated 02.08.2011 in No.RRT(A)CR/313/2010-11 Respondent No.2-Special Deputy Commissioner has directed to remove the names of the petitioners and thereafter, to show that land is belonging to Government.
6. In the fact situation, this Court finds the order impugned dated 02.08.2011 in No.RRT(A)CR/313/2010-11 passed by Respondent No.2-Special Deputy Commissioner appears to be just and appropriate. Therefore, question of interfering with the same does not arise in these writ petitions.
7. Accordingly, these Writ petitions are dismissed.
In view of dismissal of writ petitions, I.A.Nos.10/2016 to 12/2016 do not survive for consideration and accordingly, they are dismissed.
Sd/- JUDGE bnv*