IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11th DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION Nos.53421-24/2017 (KLR-RR/SUR) BETWEEN:
1. SRI SHIVANNA K S S/O SOMMAIAH AGED ABOUT 58 YEARS KARAVANDA KADAGADAL VILLAGE & P0 VIA CHETTALLI – 571248 KODAGU, KARNATAKA.
2. SRI GANAPTHY K A S/O LATE APPAIAH AGED ABOUT 68 YEARS KORAVANDA KADAGADAL VILLAGE & PO VIA CHETTALLI – 571248 KODAGU, KARNATAKA.
3. SRI AIYAPPA K A S/O LATE APPAIAH AGED ABOUT 68 YEARS KORAVANDA KADAGADAL VILLAGE & PO VIA CHETTALLI – 571248 KODAGU, KARNATAKA 4. SRI PONAPPA K B S/O LATE BOPANNA AGED ABOUT 61 YEARS KORAVANDA KADAGADAL VILLAGE & PO VIA CHETTALLI – 571248 KODAGU, KARNATAKA 5. SMT LOVELY MACHAIAH W/O AREYADA MACHAIAH D/O SOMMAIAH AGED ABOUT 69 YEARS R/AT ‘LOVELY NEST’ 9TH CROSS, M S RAMAIAH CITY THANISANDRA BANGALORE – 560 077.
6. SMT M M SEETAMMA W/O M P MACHAIAH D/O SOMMAIAH AGED ABOUT 55 YEARS DATTAGIRI ESTATE P.B.NO.3 , BALEHONNUR P.O., CHICKAMANGALUR – 577112.
7. SMT NEENA ERAPPA W/O K C ERAPPA D/O NANJAPPA AGED ABOUT 62 YEARS KARTHIKAD ESTATE VIA CHETTALLI – 571248 KODAGU KARNATAKA.
8. SMT PADMA VENKATESH W/O VENKATESH D/O NANJAPPA AGED ABOUT 58 YEARS H.NO.-334, 3RD CROSS KHADER VILAYA KANAKADAS NAGAR DATTAGALLY 3RD STAGE MYSORE – 570023.
9. SMT SWETA BIDDAPPA W/O BIDDAPPA D/O NANJAPPA AGED ABOUT 53 YEARS MARGOLLY ESTATE TATA COFFEE POLIBETTA KODAGU, KARNATAKA – 571215.
10. SMT NALINI NANJAPPA W/O A M NANJAPPA D/O LATE APPAIAH AGED ABOUT 65 YEARS NEAR VETERNERY HOSPITAL KUSHALNAGARA,KODAGU – 571201.
11. SMT JAMUNA CHINNAPPA W/O P K CHINNAPPA D/O LATE APPAIAH] AGED ABOUT 62 YEARS ATTUR VILLAGE P.O GONIKOPAL KODAGU – 571213.
12. KANTHI ACHAPPA W/O PUGGERA ACHAPPA D/O BOPANNA AGDE ABOUT 57 YEARS CHEMBE BELLUR VILLAGE P.O. VIRAJPET,KODAGU – 571218.
PETITIONERS 1 TO 12 ARE REPRESENTED BY THEIR PA HOLDER SRI.BRIG KORAVANDA APPAIAH CARIAPPA AGED ABOUT 67 YEARS R/A P 1/33, ARMY HOUSING COLONY VASANTH VIHAR VIDYA NAGAR BETTAHALASUR P O BANGALORE – 562 157. ... PETITIONERS (BY SRI R B SADASHIVAPPA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY REVENUE DEPARTMENT M S BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU – 560 001.
2. THE JOINT DIRECTOR OF LAND RECORDS CITY SURVEY, SOUTH DIVISION K.R.CIRCLE BENGALURU – 560 001.
3. THE ENQUIRY OFFICER CITY SURVEY – II, K.R.CIRCLE BENGALURU – 560 001 4. THE ASSISTANT DIRECTOR OF LAND RECORDS, CIRTY SURVEY – 2 K.R.CIRCLE, BENGALURU – 560 001.
5. THE ESTATE OFFICER DEFENCE ESTATES OFFICE KARNATAKA & GOA CIRCLE K KAMARAJ ROAD BENGALURU – 560042.
6. THE COMMANDANT 56 COY, ASC (SUP) TYPE – G CUBBON ROAD BENGALURU – 560 001.
7. THE GENERAL OFFICER COMMANDING (HQ) KARNATAKA AND KERALA SUB-AREA, CUBBON ROAD BENGALURU – 560 001. ... RESPONDENTS (BY SRI T S MAHANTESH, AGA FOR R.1 TO 4, SRI K S BHEEMAIAH, CGC FOR R.5 TO 7.) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 10.08.2017 PASSED BY THE SECOND RESPONDENT HEREIN IN CASE NO.CTS(B) REVISION 15/2014-15 VIDE ANNEXURE – A.
THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARIN IN B GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In these matters, an order was passed earlier on 04.04.2019 directing the learned AGA to produce the proceedings conducted by the enquiry officer with reference to CTS No.918 of Local Area 95, Vannarpet, Bengaluru. In response to it, several documents are produced by the learned AGA through the officers of the said Department. In the meanwhile, statement of objections is filed by third respondent along with 4 documents which are at annexures R.1 to R.4.
The same are taken on record.
2. The original documents which are produced in the Court today are book No.1168 pertaining to Sy.No.995 of Vannarpet from City Survey Department of Bengaluru which contains Field Book Sheet No.995 prepared by the Assistant Survey Officer of City Survey Department on 23.09.1972. In the said book at page no.918 the said property is referred to Ponnenahaly Layout and in Sheet no.995 CTS No.11 which is said to be belonging to military butchery and another book in LA No.95, Vannarpet Enquiry Register with reference to sketch Nos.997/A, 994, 995, 996 and 997 in Form No.3, the book number is said to be 250 where at page no.8 of the enquiry register, it is mentioned as City Survey No.11 measuring to an extent of 16951.4 meters is military land belonging to Government of India and at Col.No.13 the report of the enquiry register would indicate that entire area is covered by the Mititary authorities, Defence Department, Government of India and the said endorsement is dated 17.11.1974.
3. In fact, a Xerox copy of the very same document is produced by the petitioner vide Annexure “B”. When these documents are looked into, it is clearly seen that the prayer of the petitioners is in seeking quashing of the order dated 10.08.2017 passed by the second respondent in case No.CTS(B) Revision 15/2014-15 vide Annexure A and also the order of the enquiry officer order which finds a place in the enquiry register extract pertaining to City Survey No. 918 of local area no.95, Vannarpet vide Annexure “B” and also endorsement dated 15.09.2014 vide Annexure C as well as quashing of Annexure “L” i.e., military land register dated 19.03.2015 issued by the Defence Estate Officer with reference to Original Sy.No.58 of Koramangala area, in furtherance seeking to issue a direction to respondent No.3 to consider the representations dated 11.08.2014 and amended representation dated 25.08.2014 vide Annexures D1 and D2, does not survive for consideration inasmuch as the documents which are produced before this Court would indicate that the petitioners as the legal heirs of purchaser under sale deed of the year 1895 are claiming title to 1 acre of land in Sy.No.58 of Koramangala Village, Bengaluru. Admittedly, the documents which are produced by respondents 5 to 7 indicate that very same land was given vide Annexures R1 to 10 to the British Company i.e., the then East India Company. The said documents would indicate not only 1 acre which is claimed by the petitioner herein but, several other lands adjacent to that is given to the military and the same had been in possession and enjoyment of the military forces of East India Company which is subsequently given to Government of India in post independence era.
4. Therefore, in the aforesaid fact situation when all the documents which are produced by respondents 5 to 7 would indicate uninterrupted possession and enjoyment of the said property by the defence department of Government of India for more than 100 years, question of entertaining this writ petition to find out the alleged title of petitioners through the purchaser of the aforesaid property under sale deed of the year 1895 cannot be considered in this writ jurisdiction. Therefore, while disposing off these writ petitions, liberty is reserved to the petitioners to pursue the same in Civil Court, provided the petitioners have limitation in their favour to seek appropriate relief with reference to the title to the said property and also to claim possession, when it is admittedly situated within the compound of the defence property of fifth respondent and continuing in their possession for more than 125 years.
Accordingly, writ petitions stand disposed off.
Sd/- JUDGE brn