IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 PRESENT THE HON’BLE MR.JUSTICE L. NARAYANA SWAMY AND THE HON’BLE MR.JUSTICE R. DEVDAS WRIT APPEALS No.3071 & 3326-3329 OF 2018 (SC-ST) BETWEEN:
SRI. RAMAIAH S/O. LATE VENKATARAYAPPA, AGED ABOUT 82 YEARS, R/AT SANNE AMANIKERE VILLAGE, KASABA HOBLI, DEVANAHALLI TALUK, BANGALORE RURAL DISTRICT, PIN CODE - 562 110.
(BY SRI. D R RAVISHANKAR, ADV.) AND:
1. SRI.NARAYANAPPA S/O.LATE NARAYANAPPA, AGED ABOUT 71 YEARS, R/AT HENNUR KADARINAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK-562 101, CHIKKABALLAPURA.
2. SMT. PILLAMUNIYAMMA W/O. LATE A. P. BYRAPPA, ...APPELLANT AGED ABOUT 51 YEARS, R/AT HENNUR KADARINAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK - 562 101, CHIKKABALLAPURA.
3. SRI. B. VENKATESH S/O. A. P. BYRAPPA, AGED ABOUT 36 YEARS, R/AT HENNUR KADARINAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK-562 101, CHIKKABALLAPURA.
4. SRI. A. P. SONNAPPA S/O. LATE AKKALAPPA, AGED ABOUT 66 YEARS, R/AT HENNUR KADARINAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK - 562 101, CHIKKABALLAPURA.
5. SRI. HANUMANTHAPPA S/O. LATE JULAPPA @ RAMAKKA, AGED ABOUT 57 YEARS, R/AT HENNUR KADARINAHALLI VILLAGE, NANDI HOBLI, CHIKKABALLAPURA TALUK - 562 101, CHIKKABALLAPURA.
6. THE DEPUTY COMMISSIONER CHIKKABALLAPURA TOWN, CHIKKABALLAPURA DISTRICT-562 101, CHIKKABALLAPURA.
7. THE ASSISTANT COMMISSIONER CHIKKABALLAPURA SUB-DIVISION, CHIKKABALLAPURA DISTRICT - 562 101, ... RESPONDENTS (BY SRI.S.S.MAHENDRA, AGA FOR R6 & R7; SRI.D.P.MAHESH, ADV. FOR R1 TO R5) THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED BY THE LEARNED SINGLE JUDGE IN WP 49374/2014 AND 52916-919/2014 DATED 10/10/2018.
THESE WRIT APPEALS COMING ON FOR PRELIMINARY HEARING, THIS DAY, DEVDAS J., DELIVERED THE FOLLOWING:
J U D G M E N T The Writ Petitions filed by the respondents herein were allowed by the learned single Judge relying upon the decisions in VIVEK M. HINDUJA AND OTHERS v. M. ASHWATHA AND OTHERS decided on 06th December, 2017 and NEKKANTI RAMA LAKSHMI v. STATE OF KARNATAKA AND ANOTHER holding that the petition seeking resumption and restoration of granted land was filed with enormous delay.
2. Under similar circumstances, this Court in the matter of SMT. P. KAMALA v. STATE OF KARNATAKA AND OTHERS in Writ Appeals No.596-597 of 2016 and connected matters which was decided on 08th July, 2019, has remanded the matter to the learned single Judge for the purpose of deciding the question of delay and enabling an opportunity to the appellant to explain the delay. Therefore, in view of the decision in SMT. P. KAMALA (supra), these appeals are also disposed of while remanding the matters back to the learned single Judge for the purpose of deciding the question of delay. The impugned order dated 10th October, 2018 passed in Writ Petition No.49374 of 2014 and Writ Petitions Nos.52916-52919 of 2014 is quashed and set aside.
Sd/- JUDGE Sd/- JUDGE lnn