IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 30TH DAY OF MAY, 2017 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH WRIT PETITION NO.44305 OF 2011(LR) BETWEEN:
1. SRI VENKATAIAH AGED ABOUT 70 YEARS, S/O LATE KARIVENKATAIAH 2. SMT.NAGAMMA AGED ABOUT 55 YEARS, W/O LATE JAVARAIAH, DAUGHTER-IN-LAW OF LATE KARIVENKATAIAH 3. SRI PUTTAMADAIAH AGED ABOUT 60 YEARS S/O LATE KARIVENKATAIAH 4. SRI KONIAIAH AGED ABOUT 68 YEARS, S/O LATE KARIVENKATAIAH 5. SRI PUTTAMADAIAH AGED ABOUT 64 YEARS, S/O LATE KARIVENKATAIAH 6. SRI BILLAIAH AGED ABOUT 62 YEARS, S/O LATE KARIVENKATAIAH 7. SRI JAVARAIAH @ CHANDRA AGED ABOUT 46 YEARS, S/O KONIAIAH GRAND SON OF LATE KARIVENKATAIAH, ALL ARE RESIDENT OF HALAGAYYANA HUNDI VILLAGE, VAJAMANGALA POST, VARUNA HOBLI, MYSURU TALUK – 570 010 MYSURU DISTRICT.
THE PETITIONER NO.1 TO 7 REPRESENTED BY THEIR GPA HOLDER SRI MAHADEVA, AGED ABOUT 48 YEARS S/O SRI KONIAIAH HALAGAYYANA HUNDI VILLAGE, VAJAMANGALA POST, VARUNA HOBLI, MYSURU TALUK – 570 010 MYSURU DISTRICT. ... PETITIONERS (BY SRI PRABHAKAR L.SHETTY, ADVOCATE) AND:
1. THE LAND TRIBUNAL MYSURU TALUK, MYSURU.
2. THE TAHASILDAR MYSURU TALUK, MYSURU.
3. SRI CHIKKAVENKATAIAH S/O LATE JAVARAIAH, SINCE DECEASED REPRESENTED BY HIS LR’S 3(a) SRI MAHADEVAIAH AGED ABOUT 55 YEARS, S/O LATE CHIKKAVENKATAIAH 3(b) SRI KARIVENKATAIAH AGED ABOUT 50 YEARS, S/O LATE CHIKKAVENKATAIAH 3(c) SMT.VENKATAMMA AGED ABOUT 47 YEARS S/O LATE CHIKKAVENKATAIAH 3(d) SMT.CHIKKATHAYAMMA AGED ABOUT 44 YEARS, D/O LATE CHIKKAVENATAIAH 3(e) SMT.LAKSHMAMMA AGED ABOUT 40 YEARS D/O LATE CHIKKAVENKATAIAH 3(f) SMT.SIDDAMMA AGED ABOUT 37 YEARS, D/O LATE CHIKKAVENKATAIAH RESPONDENT NO.3(a) TO 3(f) ARE R/AT HALAGAYYANA HUNDI VILLAGE, VAJAMANGALA POST, VARUNA HOBLI, MYSURU TALUK – 570 010 MYSURU DISTRICT.
4. SMT.TAHRI UNNISSA @ SUNNI MAJOR, W/O LATE SYED UMMER SAB, RESIDING AT NO.344, MASZID ROAD, NAZARABAD MOHALLA, MYSURU CITY – 570 001. ... RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1 AND R2 SRI H.K.REVANASIDDAPPA, ADVOCATE FOR R3(a) TO R3(f) PETITION ABATED AS AGAINST R4 VIDE ORDER DATED 05.06.2012) ***** THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS AND SET ASIDE THE ORDER DATED 10.9.1981 PASSED BY THE R1 VIDE ANNEXURE-K & SET ASIDE/QUASH THE FORM NO.10 WITH RESPECT OF THE SCHEDULE PROPERTY ISSUED BY R2 VIDE ANNEXURE-L.
THIS WRIT PETITION COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The case of the petitioner is that they purchased the land bearing Sy.No.94 situated at Vajamangala Village, Varuna Hobli, Mysuru Taluk. from the 4th respondent by virtue of a deed dated 29-6-1960. Eversince then, they are in possession of the same. Respondent No.3 filed Form No.7 seeking occupancy rights in terms of Annexure-J which is relatable to Survey No.96. The Land Tribunal by the impugned order granted occupancy rights to the 3rd respondent with reference to Sy.No.94. It is only recently the petitioners came to know of the same since their possession was disturbed. Hence, they have filed this petition.
2. The delay has been explained on this count.
There is no objection so far as delay is concerned. Even on facts, it could be seen that what the petitioners have sought for is Sy.No.96. The plea of the petitioners is that respondent No.3 is cultivating Sy.No.99. What has been granted to the 3rd respondent is Sy.No.94. There appears to be a serious error. The material on record would also indicate that the petitioners were not aware of the same. Even though they have purchased the land, they have not been arrayed as respondents before the Tribunal. Hence, the delay is satisfactorily explained. So far as merit is concerned, for the aforesaid reasons, the Land Tribunal could not have granted the land other than what has been sought for by them. The contention that the 3rd respondent is in cultivation of Sy.No.99 also requires to be considered by the Tribunal.
Under these circumstances, the petition is allowed. The order dated 10-9-1981 vide Annexure-K passed by the 1st respondent-Land Tribunal is quashed. The matter is remanded to the Land Tribunal for a fresh enquiry in accordance with law.
All contentions are kept open.
In view of the long pendency of the matter, the parties to appear before the Land Tribunal on 3rd July, 2017. The Tribunal to dispose off the matter by the end of the year.
SD/- JUDGE Rsk/-