IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N. SATYANARAYANA WRIT PETITION NO.49161/2012 & WRIT PETITION NO.4805/2013 (LR-SEC-77) BETWEEN:
SRI VENKATARAMACHARI SON OF NONESAPPA AGED ABOUT 70 YEARS RESIDING AT KATTI HOSAHALLI VILLAGE DODDABELAVANGAL HOBLI DODDABALLAPURA TALUK BENGALURU RURAL DISTRICT – 561 203. …PETITIONER (BY SRI CHANDRASHEKAR PATIL, ADV.) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE VIDHANA SOUDHA, BENGALURU – 560 001.
2. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB-DIVISION PODIUM BLOCK, VIDHANA VEEDHI BENGALURU – 560 001.
3. SRI MOODALAGIRIYAPPA S/O LATE VENKATAPPA AGED ABOUT 67 YEARS R/A THIMMANAHALLI VILLAGE NANDI HOBLI, KONDENAHALLI POST CHIKKABALLAPURA TALUK – 562 101. …RESPONDENTS (BY SRI S.V.GIRIKUMAR, AGA. FOR R1 & R2; SRI ABHIJEETH S.K., ADV. FOR R3) THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DT.5.11.2012 PASSED BY THE KARNATAKA REVENUE APPELLATE TRIBUNAL IN APPEAL NO.1364/2005, VIDE ANNX-D AND ETC.
THESE WRIT PETITIONS ARE COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These writ petitions are by third respondent in Appeal No.1364/2005 on the file of Karnataka Appellate Tribunal, Bangalore. The appellant in the said proceedings is third respondent herein. It is stated that the petitioner herein had filed an application in Form No.7A, which was registered in LRF(7A) 480/98-99 and LRF(DBP):607/98-99 wherein it is stated that occupancy rights of the land bearing Sy.No.29/10 of Katti Hosalli, Doddabelvangala Hobli, Doddaballapur Taluk, to an extent of 16 guntas was granted in his favour vide order dated 27.10.2005 by the Asst.Commissioner, Doddaballapur Sub-Division. The same was challenged by respondent No.3 in Appeal No.1364/2005, which came to be allowed by setting aside the order of grant under Form No.7A, which is challenged in this writ petition.
2. During the pendency of these writ petitions, a memo is filed on behalf of third respondent along with an affidavit executed by third respondent/Moodalagiriyappa, s/o Late Venkatappa, who is present before the court. His identity is verified with Aadhar card, which he was carrying, which would show his name as Giriyappa, s/o Venkatappa and according to him, he is also referred to as Moodalagiriyappa. In the affidavit, he would state that the petitioner herein was a tenant in respect of aforesaid land bearing Sy.No.29/10 of Katti Hosalli measuring to an extent of 16 guntas and accordingly writ petition may be allowed and the judgment passed in Appeal No.1364/2005 may be set aside.
Accepting his memo and affidavit, these writ petitions are allowed by setting aside the judgment in Appeal No.1364/2005 on the file of Karnataka Appellate Tribunal, Bangalore. While doing so, the order dated 27.10.2005 in LRF(7A) 480/98-99 and LRF(DBP):607/98-99 is hereby accepted, which is with reference to confirmation of occupancy rights in favour of the petitioner for the aforesaid land.
Sd/- JUDGE KNM/-