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 NO.2160/2014(LR-RES) BETWEEN SRI T.A. HONNAIAH @ THAMMANNA SON OF LATE AMASEGOWDA AGED ABOUT 66 YEARS RESIDING AT TUBINAKERE VILLAGE AMRUTHUR HOBLI KUNIGAL TALUK 572 102 TUMKUR DISTRICT ... PETITIONER (BY SRI FAYAZ SAB B.G, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY ITS SECRETARY DEPARTMENT OF REVENUE BANGALORE - 560001 2. THE LAND TRIBUNAL KUNIGAL TALUK KUNIGAL 572 101 TUMKUR DISTRICT 3. THE TAHASILDAR KUNIGAL TALUK KUNIGAL 572 101 TUMKUR DISTRICT 4. SRI VENKATARAMU SON OF LATE BETTAIAH AGED ABOUT 55 YEARS RESIDIG AT HANUMAPURA VILLAGE AMRUTHUR HOBLI KUNIGAL TALUK 572 102 TUMKUR DISTRICT ... RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 TO R3, R4 IS SERVED BUT REMAIN UNREPRESENTED) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING AMR:16, ONLY OUT OF OTHER CONNECTED MATTERS BEARING AMR:10,17,21,22,24,25,27,28,29,30,31, 32, 33 ,34, 35, 36, 37, 38, 39,40, 41,42/1974-75 & 152/74-75, COMMON ORDER DT.29.10.2007 ANNEXURE-G WHEREIN ORDERED FOR REGISTRATION OF TENANCY IN FAVOUR OF 4TH RESPONDENT IN RESPECT OF LAND IN SY.NO.46, MEASURING TO AN EXTENT OF 0-30 GUNTAS & 10 GUNTAS IN SY.NO.37 SITUATED AT HANUMAPURA VILLAGE, AMRUTHUR HOBLI, KUNIGAL TALUK, TUMKUR DISTRICT AS ILLEGAL, ARBITRARY, CAPRICIOUS AND THE SAME IS PASSED WITHOUT APPLICATION OF MIND.
THIS WRIT PETITION COMING ON FOR FINAL HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner herein is 5th respondent in WP.No.34358/2012 and WP.No.42714/2012, which were filed by one Somashekare Gowda and 3 others against the State and others, where petitioner’s father is 3rd respondent and petitioners’ brothers were respondents 4, 6 and 7. So far as petitioner herein is concerned, was 5th respondent.
2. The petitioner herein would state that a proceedings was initiated before the Land Tribunal, Kunigal, wherein it is stated that he was arrayed as one of the respondents in his individual capacity and the prayer of the applicants in the proceedings, is in seeking occupancy right in respect of various lands and the same was considered in their favour. It is contended that the Tribunal while doing so, has erroneously considered grant of occupancy right in respect of lands bearing Sy.Nos.46 and 37/2.
3. According to petitioner herein, in the application which was filed by the applicant in Form No.7 what was sought by him was an extent of 10 guntas in Sy.No.37/3, whereas the Tribunal has proceeded to grant an extent of 20 guntas in Sy.No.37/2 to the applicant. Similarly when no prayer was there with reference to land bearing Sy.No.46 of Jodi Hanumapura village, an extent of 30 guntas was considered in the said proceedings. It is grant of said extent of 20 guntas in Sy.No.37/2 and 30 guntas in Sy.No.46, which is considered without there being an application seeking occupancy right, is under challenge.
4. In this proceedings, the applicant in whose favour the grant is made is arrayed as 4th respondent, who has not chosen to come before this Court. However, when this writ petition is taken up for consideration in the absence of 4th respondent and in the presence of learned counsel for petitioner as well as learned Additional Government Advocate for respondents 1 to 3, the application filed seeking occupancy right is brought to the notice of this Court, which is at Annexure-E to this writ petition. When the same is looked into, it is clearly seen that there is no reference to Sy.No.46 of Jodi Hanumapura village in the said application. At the same time, occupancy right is sought in respect of Sy.No.37/3 to an extent of 10 guntas. However, when the order impugned is looked into, it would indicate that an error is committed by the Tribunal in granting 20 guntas in Sy.No.37/2 and an extent of 30 guntas of land in Sy.No.46 when there is no application by the applicant in respect of said survey numbers.
5. Accordingly, this writ petition is allowed. The impugned order dated 29.10.2007 in proceedings No.AMR.10, 16, 17, 21, 22, 24, 25, 27 to 42/1974-75 and 152/1974-75 is modified in rejecting the grant which is made in favour of 4th respondent herein to an extent of 30 guntas in Sy.No.46 as well as with reference to grant of 20 guntas in Sy.No.37/2.
6. In view of the disposal of this writ petition, Registry is directed to send back the lower court record.
Sd/- JUDGE nd/-