IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 28TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE B. M. SHYAM PRASAD WRIT PETITION NO.15101 OF 2013 (KLR-RR/SUR) BETWEEN:
THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M. S. BUILDING DR. B. R. AMBEDKAR VEEDHI BENGALURU-560001 REPRESENTED BY ITS PRINCIPAL SECRETARY.
... PETITIONER (BY SHRI D. R. RAJASHEKHARAPPA, ADVOCATE) AND :
1. THE SPECIAL DEPUTY COMMISSIONER BENGALURU DISTRICT D.C. OFFICE BUILDING NEAR CITY CIVIL COURT, K. G. ROAD BENGALURU-560009 2. THE DEPUTY COMMISSIONER (DEVELOPMENT) BRUHATH BENGALURU MAHANAGARA PALIKE (BBMP) N. R. SQUARE, BENGALURU-560002 3. SMT. J. H. PARVATHAMMA DAUGHTER OF HUCHHAVEERAPPA AGED ABOUT 63 YEARS RESIDING AT NO. 47, 2ND MAIN ROAD MARENAHALLI TANKBED, JAYANAGAR BENGALURU-560001 4. SMT. SHANTHAMMA WIFE OF R. MURTHY AGED ABOUT 69 YEARS RESIDING AT NO. 2487, ASHIRVAD 25TH CROSS, 17TH MAIN ROAD B. S. K. II STAGE BENGALURU-560085 5. SHRI CHANDRAPPA SON OF ESWARAPPA AGED ABOUT 66 YEARS RESIDING AT NO. 1923, 18TH C MAIN ROAD, 4TH T BLOCK, JAYANAGAR, BENGALURU-560011 6. SHRI ESZUR REHMAN SON OF E. REHMAN AGED ABOUT 61 YEARS RESIDING AT NO. 552, 9TH CROSS 7TH BLOCK, JAYANAGAR BENGALURU-560011 7. SHRI T. CHANDRASEKHARAIAH SON OF N. T. THIMMA SETTY GOWDA AGED ABOUT 61 YEARS RESIDING AT NO. 35, 5TH MAIN ROAD BANASHANKARI III STAGE BENGALURU-560085 8. SHRI SREENIVASA SON OF CHANGAIAH AGED ABOUT 59 YEARS RESIDING AT NO. 74/1, 31ST A CROSS 7TH BLOCK, JAYANAGAR BENGALURU-560011 9. SHRI M. PRAKASH SON OF KRISHNAPPA AGED ABOUT 36 YEARS RESIDING AT NO. 297, SIRSI CIRCLE OPPOSITE NALANDA TALKIES MYSORE ROAD BENGALURU-560018 10. SHRI G. N. HITHALAMANI SON OF H. B. HITHALAMANI AGED ABOUT 66 YEARS RESIDING AT NO. 12, 9TH D CROSS 9TH MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 11. SHRI SURYAKANTHA SON OF ADIAH AGED ABOUT 63 YEARS RESIDING AT NO. 3963, 3RD MAIN ROAD 7TH CROSS, GAYATHRI NAGAR BENGALURU-560021 12. SMT. POOVAMMA WIFE OF BOPAIAH AGED ABOUT 55 YEARS RESIDING AT C/O. E. CHANDRAPPA NO.924, 18TH C MAIN ROAD 4TH T BLOCK, JAYANAGAR BENGALURU-560011 13. SMT. TRIVENI DAUGHTER OF SHRI NANJAIAH AGED ABOUT 61 YEARS RESIDING AT NO.3, 9TH MAIN ROAD 9TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU-560078 14. SMT. VEENA WIFE OF LATE CHANDRASHEKAR AGED ABOUT 49 YEARS RESIDING AT NO.5, 9TH MAIN ROAD 9TH CROSS, J. P. NAGARA, 2ND PHASE, BENGALURU-560078 15. SHRI DORAI SWAMY SON OF SHRI MARKANDAIAH AGED ABOUT 51 YEARS RESIDING AT NO. 6, 9TH MAIN ROAD 9TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU-560078 16. SHRI P. A. GANGADHARA SON OF LATE YERRAPPA AGED ABOUT 61 YEARS RESIDING AT NO. 7, 9TH B MAIN ROAD 9TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU-560078 17. SHRI M. VISHWANATH SON OF LATE MARULASIDDAPPA AGED ABOUT 66 YEARS RESIDING AT NO.8, 9TH C MAIN ROAD 9TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU-560078 18. SMT. NIRMALA DAUGHTER OF SHRI NARASIMHAIAH AGED ABOUT 56 YEARS RESIDING AT NO.9, 9TH C MAIN ROAD 9TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU-560078 19. SMT. RATHNAMMA WIFE OF SHRI BABU AGED ABOUT 56 YEARS RESIDING AT NO. 10, 9TH C MAIN ROAD, 9TH CROSS, J. P. NAGARA, 2ND PHASE, BENGALURU-560078 20. SMT. YASHODHAMMA DAUGHTER OF SHRI BHAKTHAVATSALA AGED ABOUT 61 YEARS RESIDING AT NO. 11, 9TH E MAIN ROAD J. P. NAGARA, 2ND PAHSE BENGALURU-560078 21. SMT. K. M. RATHNAMMA WIFE OF MAHESWARAPPA K. H. AGED ABOUT 63 YEARS RESIDING AT NO. 13, 9TH "A" MAIN ROAD J. P. NAGARA, 2ND PAHSE BENGALURU-560078 22. SHRI UMA SHANKAR SON OF SHRI MAHESWARAPPA AGED ABOUT 51 YEARS RESIDING AT NO. 14, 9TH MAIN ROAD J. P. NAGARA, 2ND PAHSE BENGALURU-560078 23. SHRI P. RAMACHANDRA RAJU SON OF LATE CHENGALARAJU AGED ABOUT 56 YEARS RESIDING AT NO. 21, 9TH "A" MAIN ROAD J. P. NAGARA, 2ND PAHSE BENGALURU-560078 24. SHRI LINGARAJU SON OF BEEMAREDDAPPA KARUMADI AGED ABOUT 62 YEARS RESIDING AT NO. 22, 9TH "B" MAIN ROAD J. P. NAGARA, 2ND PAHSE BENGALURU-560078 25. SHRI N. NANJAIAH SON OF H. NANJUNDAIAH AGED ABOUT 73 YEARS RESIDING AT NO.24, 9TH ‘C’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 26. SHRI H. CHANDRASEKHARA REDDY SON OF ANNA REDDY AGED ABOUT 61 YEARS RESIDING AT NO.25, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 27. SMT. MEERA BAI DAUGHTER OF ERAIAH AGED ABOUT 63 YEARS RESIDING AT NO.26, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 28. SHRI C. M. HOSURAPPA SON OF LATE CHOWDIKE MUDDURAMAIAH AGED ABOUT 56 YEARS RESIDING AT NO.27, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 29. SHRI S. R. VENKATESH SON OF RADHAKRISHNA SHETTY SINCE DEAD BY HIS LR.
SMT. LAKSHMAMMA WIFE OF LATE VENKATESH AGED ABOUT 66 YEARS RESIDING AT NO.28, 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 30. SHRI HUCHHAVEERAPPA SON OF KENCHAPPA AGED ABOUT 81 YEARS RESIDING AT NO.30, 9TH MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 31. SHRI BASAVARAJAPPA SON OF C. RANGAPPA AGED ABOUT 61 YEARS RESIDING AT NO.34, 9TH MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 32. SMT. RATHNA DAUGHTER OF VENKATASWAMY REDDY AGED ABOUT 61 YEARS RESIDING AT NO.35, 9TH "A" MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 33. SHRI P. A. NARASIMHA MURTHY SON OF ANJINAPPA AGED ABOUT 56 YEARS RESIDING AT NO.36, 9TH "A" MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 34. SMT. SHARADHAMMA SINCE DEAD BY HER LR.
SHRI UMASHANKAR SON OF LATE MAHADEVAPPA AGED ABOUT 51 YEARS RESIDING AT NO.37, 9TH "B" MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 35. SHRI NARASHIMULU SON OF MUNISWAMY AGED ABOUT 61 YEARS RESIDING AT NO. 38, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 36. SHRI C. MUNIKRISHNA SON OF CHANGALARAYAPPA AGED ABOUT 56 YEARS RESIDING AT NO. 39, 9TH C MAIN ROAD J. P. NAGARA,, 2ND PHASE BENGALURU-560078 37. SHRI B. CHOWDE GOWDA SON OF BASAVAIAH AGED ABOUT 51 YEARS RESIDING AT NO.25, 9TH C MAIN ROAD J. P. NAGARA,, 2ND PHASE BENGALURU-560078 38. SHRI H. KUMARA SWAMY SON OF HUCHAIAH AGED ABOUT 66 YEARS RESIDING AT NO.41, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 39. SMT. VIJAYAMMA WIFE OF SHRI SHANKAR AGED ABOUT 51 YEARS RESIDING AT NO.42, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 40. SMT. CHANDRA WIFE OF SHRI HARI MURTHY AGED ABOUT 52 YEARS RESIDING AT NO.43, 9TH A MAIN ROAD J. P. NAGARA, 2DN PHASE BENGALURU-560078 41. SMT. SHARADHAMMA DAUGHTER OF MUNIHUCHAIAH AGED ABOUT 66 YEARS RESIDING AT NO.44, 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 42. SHRI SIDDAGANGAIAH SON OF HANUMAIAH AGED ABOUT 51 YEARS RESIDING AT NO.45, 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 43. SMT. KAVERAMMA WIFE OF K. CHANNE GOWDA AGED ABOUT 66 YEARS RESIDING AT NO.47, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 44. SMT. VARALAKSHMI DAUGHTER OF SHRI GOPALA RAJU AGED ABOUT 56 YEARS RESIDING AT NO.46, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 45. SHRI M. VENKATESH SON OF MUNI VENKATAPPA AGED ABOUT 52 YEARS RESIDING AT NO.48, 9TH C MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 46. SHRI NAGARAJU SINCE DEAD BY HIS LR.
SMT. AMBIKA WIFE OF LATE NAGARAJU AGED ABOUT 53 YEARS RESIDING AT NO.49, 9TH C MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 47. SMT. SHARADHAMMA DAUGHTER OF LATE RAMA RAO AGED ABOUT 63 YEARS RESIDING AT NO.50, 9TH B MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU-560078 48. HEAD MASTER SHRI SANGAMESWARA VIDYALAYA NO.8/9, N. S. PALYA BENGALURU-560073 49. SMT. RAJANI AGED ABOUT 56 YEARS WIFE OF SUBRAMANYAM RESIDING AT NO.53, 9TH C MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 50. SHRI G. R. RAJANNA AGED ABOUT 63 YEARS SON OF LATE GOVINDA SWAMY RESIDING AT NO.55, 9TH C MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 51. SMT. G. R. LAKSHMI AGED ABOUT 61 YEARS DAUGHTER OF MARKANDAIAH RESIDING AT NO.56, 9TH C MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 52. SHRI D. DEGAYYA AGED ABOUT 59 YEARS SON OF DEGE GOWDA RESIDING AT NO.57, 9TH C MAIN ROAD J. P. NAGARA,, 2ND PHASE BENGALURU 560078 53. SMT. M. KUSUMA AGED ABOUT 51 YEARS DAUGHTER OF LATE MAHESHWARAPPA RESIDING AT NO.58, 9TH C MAIN ROAD J. P.NAGARA, 2ND PHASE BENGALURU 560078 54. SMT. MUNIYAMMA AGED ABOUT 71 YEARS DAUGHTER OF LATE SUBBAIAH NAIDU RESIDING AT NO.59, 9TH C MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 54A. SRI G. BABU SON OF LATE GOVINDASWAMY & LATE MUNIYAMMA, AGED ABOUT 65 YEARS.
54B. SRI G. SHANKAR SON OF LATE GOVINDASWAMY & LATE MUNIYAMMA, AGED ABOUT 63 YEARS.
54C. SMT. KANAKAMMA DAUGHTER OF LATE GOVINDASWAMY & LATE MUNIYAMMA, AGED ABOUT 61 YEARS.
54D. SRI G. RAJANNA SON OF LATE GOVINDASWAMY & LATE MUNIYAMMA, AGED ABOUT 58 YEARS.
54E. SMT. SARASWATHI SON OF LATE GOVINDASWAMY & LATE MUNIYAMMA, AGED ABOUT 55 YEARS.
RESPONDENTS 54A TO 54E ARE RESIDING AT 484, 7TH MAIN ROAD, HANUMANTHANAGAR, BENGALURU – 560019.
55. SMT. K. PUSHPA AGED ABOUT 51 YEARS DAUGHTER OF K KANNAYYA RAJU RESIDING AT NO.60, 9TH MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 56. SMT. VIJAYALAKSHMI AGED ABOUT 59 YEARS WIFE OF SHRI BABU NAIDU RESIDING AT NO.61 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 57. SMT. JAHARA BEGUM AGED ABOUT 61 YEARS DAUGHTER OF SARADAR BEGUM RESIDING AT NO.63 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 58. SHRI UJJINAPPA AGED ABOUT 56 YEARS SON OF BASAPPA RESIDING AT NO.64 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 59. SHRI CHANDRASHEKARA RAJU AGED ABOUT 56 YEARS SON OF RAMA RAJU RESIDING AT NO.65 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 60. SMT. SUMA AGED ABOUT 56 YEARS WIFE OF PRABHAKAR RESIDING AT NO.66 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 61. SMT. H. NAGAMMA AGED ABOUT 59 YEARS WIFE OF SHRI KRISHNAPPA RESIDING AT NO.67 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 62. SHRI S. RUDRAPPA AGED ABOUT 63 YEARS SON OF SWATTA GULLAYYANA SIDDAIAH RESIDING AT NO.68 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 63. SHRI SHRINIVASA AGED ABOUT 61 YEARS SON OF RANGE GOWDA RESIDING AT NO.69 9TH ‘C’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 64. SHRI NEELAKANTACHAR AGED ABOUT 59 YEARS SON OF KALASACHAR RESIDING AT NO.70 9TH ‘C’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 65. SHRI VISHWANATHAPPA AGED ABOUT 60 YEARS SON OF SHANTHAPPA RESIDING AT NO.71 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 66. SHRI N. SHIVARAJ AGED ABOUT 59 YEARS SON OF SHRI NARASIMHA RESIDING AT NO.72 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 67. SHRI KRISHNAMURTHY AGED ABOUT 61 YEARS SON OF RAMA REDDY RESIDING AT NO.73 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 68. SHRI M. R. SHIVASHANKAR AGED ABOUT 59 YEARS SON OF RAMA RAO RESIDING AT NO.74 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 69. SHRI VIJAYA KUMAR AGED ABOUT 51 YEARS SON OF OMKARAPPA RESIDING AT NO.75 9TH MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 70. SHRI A. N. CHANGAPPA AGED ABOUT 51 YEARS SON OF LATE A. K. NANJAPPA RESIDING AT NO.76 9TH MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 71. SMT. M. C. RANI AGED ABOUT 52 YEARS WIFE OF SHRI M. A. CHANGAPPA RESIDING AT NO.77 9TH ‘A’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 72. SMT. CHANNAMMA AGED ABOUT 56 YEARS DAUGHTER OF SHRI CHELUVARAJU RESIDING AT NO.78 9TH A MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 73. SMT. GUNAVATHI AGED ABOUT 51 YEARS DAUGHTER OF SHRI RAGHUPATHI RESIDING AT NO.79 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 74. SMT. NAGARATHNA AGED ABOUT 56 YEARS WIFE OF SHRI RAMASWAMY RESIDING AT NO.81 9TH ‘B’ MAIN ROAD J. P. NAGARA, 2ND PHASE BENGALURU 560078 75. THE SECRETARY SHREE VARASIDDI VINAYAKA TEMPLE NO.82, 11TH CROSS, J.P. NAGARA, 2ND PHASE BENGALURU 560078 76. SMT. JAYAMMA AGED ABOUT 66 YEARS DAUGHTER OF VENKATARAMANAPPA RESIDING AT NO.83, 9TH ‘B’ MAIN ROAD 11TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU 560078 77. SMT. PARVATHAMMA AGED ABOUT 66 YEARS WIFE OF SIDDARAMAIAH RESIDING AT NO.84, 9TH ‘B’ MAIN ROAD 11TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU 560078 78. SMT. RAJESHWARI SINCE DEAD BY HER LR.
SHRI SHRINIVASA REDDY SON OF LATE MUNIRATHNA REDDY AGED ABOUT 41 YEARS RESIDING AT NO.85 9TH ‘A’ MAIN ROAD 11TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU - 560078 79. SMT. GANGAMMA AGED ABOUT 76 YEARS WIFE OF AYYAPPA RESIDING AT NO.86, 9TH A MAIN ROAD 11TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU 560078 80. SHRI BHARATH AGED ABOUT 46 YEARS SON OF P. K. NANAIAH RESIDING AT NO.87, 9TH A MAIN ROAD 11TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU 560078 81. SHRI ANANDA NAIDU AGED ABOUT 64 YEARS SON OF SHRI GANGAIAH NAIDU RESIDING AT NO.88, 9TH ‘C’ MAIN ROAD 11TH CROSS, J. P. NAGARA, 2ND PHASE BENGALURU 560078 ... RESPONDENTS [BY SHRI J. C. KUMAR, ADVOCATE FOR RESPONDENTS NO.3 TO 42, 44 TO 53, 55 TO 77 AND 54(A) TO 54(E);
SHRI MANMOHAN P.N., ADVOCATE FOR RESPONDENTS NO.43 AND 78 TO 81;
SHRI KRISHNA B.P., ADVOCATE FOR RESPONDENTS NO.43 AND 78 TO 81;
SHRI DINESH RAO, AAG – II A/W. VASANTH V. FERNANDES, H.C.G.P. FOR RESPONDENT NO.1;
SHRI B. V. MURALIDHAR, ADVOCATE FOR RESPONDENT NO.22;
SHRI B.V. VEERA ARAVIND, ADVOCATE FOR RESPONDENT NO.9] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 04.8.2010 MADE BY RESPONDENT NO.1 - SPECIAL DEPUTY. COMMISSIONER, BENGALURU DISTRICT, BENGALURU, IN NO. LND(S)CR. 218/96-97 VIDE ANNEXURE - A TO THE WRIT PETITION.
***** THIS PETITION COMING ON FOR FINAL HEARING, THIS DAY, RAVI MALIMATH J., PASSED THE FOLLOWING:
ORDER This petition is filed by the State seeking to quash the order dated 04.08.2010 passed by respondent No.1 – The Special Deputy Commissioner, Bengaluru district, Bengaluru, in No. LND(S)CR.218 of 96-97.
2. The brief facts of the case are as follows:
3. A land bearing Survey No.18 of Marenahalli village, Uttarahalli Hobli, Bengaluru south was classified as Government Land Hullibani Kharab. House sites were formed in said 1 acre 34 guntas and distributed to certain persons by way of hakku pathras on the ground that they belonged to the weaker sections of the society and were homeless. Pursuant to a scheme which was formed on 11.10.1979, by the State Government, hakku pathras were issued on 22.12.1979. In furtherance of the same, the village panchayat granted the katha certificates and the names of respondent Nos.3 to 81 (hereinafter referred to as ‘the respondents’) were entered in the record of pahani as ‘kathedars’. The said land originally formed part of Sarakki village, which came under the village panchayat of Sarakki village. The land was later on transferred to the Bengaluru City Corporation and the Bengaluru City Corporation also issued katha certificates in favour of the respondents. The Commissioner of the Bengaluru City Corporation initiated proceedings to recover possession of the land in question on a complaint said to have been made by the Deputy Commissioner, Bengaluru, on the ground that the hakku pathras have been issued and signed by the Block Development Officer on 22.12.1979 and that the said Block Development Officer did not possess jurisdiction to do so at that point of time. Thereafter the matter was entrusted to the Corps of Detectives for conducting an inquiry. Pursuant to which, a report was submitted. Thereafter, the kathas made in favour of the respondents were cancelled and the said action came to be questioned before the High Court of Karnataka in Writ Petition Nos.21125 - 26 of 1998, wherein by an order dated 28.08.1998, the petitions were allowed and a direction was issued to the Assistant Revenue Officer to reconsider the matter afresh, after due notice to the said petitioners in whose name the kathas were prevalent. Thereafter, the Deputy Commissioner (Development), Bengaluru City Corporation pursuant to its order dated 26.06.2000 restored the katha in favour of the respondents in exercise of the power under Section 114A of the Karnataka Municipal Corporation Act, 1976, following which, a public interest litigation in Writ Petition No. 34603 of 2000 was filed before the High Court of Karnataka contending that the act of the Bengaluru City Corporation and also the act of the Deputy Commissioner (Development), Bengaluru City Corporation was ultra vires, null and void. That the said land was demarcated in the CDP as a park and open space for the office of the Inspector General of Registration and Stamps and the Office of the Director of Survey. By virtue of an order dated 20.09.2001, the petition was disposed off directing the Government to hold an inquiry regarding allotment of house sites and change of katha in favour of the respondents therein. Pursuant to the said direction, the Under Secretary to the Government, Urban Development Department held an inquiry and an opportunity of being heard was given to all the parties. Pursuant to the inquiry so conducted and by the order dated 27.04.2002, it was held that Survey No.18 of Marenahalli village is a Government land. That the hakku pathras issued in favour of the respondents by the Bengaluru Development Authority was wholly without jurisdiction and that the Block Development Officer had no authority to issue the hakku pathra. As on the date on which the Block Development Officer signed the hakku pathras i.e. 22.12.1979, he was not authorized to sign the same. He was authorized to sign it only on a much later date i.e. from 28.12.1979. The said fact is also supported by the report of the Corps of Detectives. Therefore, it was held that the hakku pathras issued by the Block Development Officer was void ab-initio and hence, the same was set aside under Section 102 of the K.M.C. Act and the matter was referred to the Special Deputy Commissioner (Revenue), Bengaluru, to take possession of the land after evicting the unauthorized occupants of the land in accordance with law. Thereafter, Writ Petition No. 34603 of 2000 was disposed off on 22.07.2002 with a liberty to the writ petitioners to challenge the conversion of park into Government land before an appropriate forum in accordance with law. Pursuant to the said order, Writ Petition No. 20601 of 2002 was filed seeking to quash the Government order dated 27.04.2002. On contest, the learned Single Judge, by the order dated 24.07.2008 dismissed the petition on merits. Aggrieved by the same, the writ petitioners filed Writ Appeal No. 1427 of 2008. By the order dated 27.01.2009, the writ appeal was dismissed with the following directions:
“12. In view of the above said order passed by the Hon’ble Chief Minister, it is clear that the Government has ratified the action taken by the Block Development Officer, in issuing hakku patras and has decided to give benefit to the genuine allottees, who were landless and who have put their dwelling units and would be rendered homeless if they are evicted. It is open to the petitioners to appear before the Special Deputy Commissioner (Revenue), Bengaluru district, to substantiate their contention as to how they have acquired right to the property in question or entitled to the benefit of the order passed by the then Hon’ble Chief Minister. The petitioners would be entitled to the benefit of the said order passed by the then Hon’ble Chief Minister only if the respondents are satisfied that the writ petitioners are the original allottees, who had been given hakku patras as they were homeless persons and that they have put up their dwelling units on the basis of the said hakku patras and they would be rendered homeless, if they are evicted from the land in question by the Government and the subsequent purchasers from the original allottees would not be entitled to any such benefit. Without going into the merits of the case and the merits of the contentions of the learned counsel appearing for the appellants about the right, title and interest of the writ petitioners, we direct the Special Deputy Commissioner (Revenue), Bengaluru District, Bengaluru, to hear the writ petitioners before taking action against them as per the order of the first respondent – State dated 27.04.2002 and thereafter, pass orders in accordance with law. Except reserving liberty to the writ petitioners as referred to above, we do not find any error or illegality in the order passed by the learned Single Judge, declining to interfere with the order dated 27.04.2002 passed by the first respondent – State deleting the names of the petitioners – appellants herein from the khatha maintained by the Bengaluru Mahanagara Palike. Accordingly, we hold that the order passed by the learned Single Judge is justified and does not suffer from any error or illegality as to call for interference in this intra – Court appeal.”
4. A Review Petition No.139 of 2009 was filed seeking to review the order, which was rejected. Thereafter, the same was challenged before the Hon’ble Supreme Court of India in C.C. No.13403 of 2009. By the order dated 18.09.2009, the delay in filing the petition was condoned and the Special Leave Petitions were dismissed. Pursuant to the order of the Division Bench, the Special Deputy Commissioner passed the impugned order vide Annexure-A dated 04.08.2010. The Special Deputy Commissioner confirmed the allotment of free sites formed and distributed the land in favour of 79 persons in Survey No.18 and kharab land of Sarakki Agraharada Gadi measuring east to west 335 sq.ft. and north to south 355 sq.ft. situated at Marenahalli village, Uttarahalli Hobli, Bangalore South Taluk in Bruhat Bangalore Mahanagara Palike. Questioning the said order of the Special Deputy Commissioner, the State of Karnataka has filed the instant writ petition.
5. Shri. D. R. Rajashekharappa, learned counsel appearing for the petitioner contends that the impugned order is erroneous and liable to be interfered with. That the Special Deputy Commissioner has exceeded his jurisdiction in passing the impugned order and that the question of confirmation of allotment of free sites is erroneous. It is further contended that the Division Bench in Writ Appeal No. 1427 of 2008 only held that the petitioners therein would be entitled to the order passed by the then Hon’ble Chief Minister only if the respondents therein were satisfied that the writ petitioners are the original allottees, who have been given hakku patras as they were homeless persons and provided that they have put up their dwelling units on the basis of the said hakku patras. The order of the Hon’ble Chief Minister was even extracted by the learned Division Bench wherein the Hon’ble Chief Minister had noted that there shall be a confirmation of the kathas after observing all legal formalities for withdrawal of the writ petitions by the allottees and other related procedural aspects. Therefore, the only jurisdiction of the Special Deputy Commissioner was to find out whether the persons who have received hakku pathras were homeless and have put up the dwelling units on the basis of the said hakku patras. It is contended that the Deputy Commissioner, on the contrary, has erroneously passed the order by going into issues and matters which are not the subject matter of the case before him. That the said issue has been concluded and does not empower the Special Deputy Commissioner to reopen the case.
6. No objections have been filed by respondent No.1, the Special Deputy Commissioner. The Additional Advocate General, Shri Dinesh Rao appears for respondent No.1. He submits that he does not support the impugned order to any extent whatsoever and pleads that the impugned order be set aside.
7. Shri. J. C. Kumar, learned counsel for respondents No.3 to 42, 44 to 53, 55 to 77 and 54(A-E) has taken us through the entire history of the litigation. He pleads that the order passed by the Special Deputy Commissioner is based on the relevant records and is a reflection of the said records. That based on the order passed by the Division Bench of this Court and by the Hon’ble Chief Minister, the Special Deputy Commissioner was justified in passing the order. He also placed reliance on certain decrees obtained by him with regard to permanent injunction and to restrain the State from interfering with the possession of the suit schedule property.
8. One Shri. Neelakantacharya has preferred O.S. No.4614 of 1999 for permanent injunction against the defendants. By the judgment dated 21.01.2008, the suit was decreed. The State was restrained from interfering with the possession and enjoyment of the site allotted to him. Similarly, O.S. No. 8246 of 2001 was filed by Smt. Yeshodamma for a similar relief which was decreed on 25.06.2007.
9. I.A. No.1 of 2017 is filed by the party-in- person indicating that he is a necessary party and we have heard him. It is his case that a false complaint was lodged against him. Therefore, he may be heard. His further contention is that he does not support the impugned order herein and prays that the writ petition be dismissed.
10. On hearing the contentions, we are of the considered view that the applicant in I.A. No.1 of 2017 is neither a necessary nor a proper party for the adjudication of this petition. Since the issue involved in this writ petition is only with regard to the validity of the order passed by the Special Deputy Commissioner, we do not think that the applicant is a necessary or a proper party. However, his legal rights if any can always be agitated in a proper forum. His presence in the instant writ petition is not required. Hence, I.A. No.1 of 2017 is rejected.
11. (a) I.A. No.2 of 2017 is an application filed by Marenahalli Vasathiheenara Sangha seeking to implead themselves as a respondent in this case. It is their plea that the members of the said Society are beneficiaries of the Housing Scheme launched by the Government, and therefore, they are necessary parties. The same is objected to by the petitioner and the respondents. Reliance is placed on the order of this Court in Writ Petition No.20601 of 2002 dated 24.07.2008, wherein a similar application was dismissed on the ground that it was bogus. It is also objected to on the ground that a finding has been recorded in O.S. No.3957 of 2005 by the XXIV Additional City Civil and Sessions Judge, Bengaluru City (C.C.H. No.6) wherein it is held that the documents through which the members of the said Society claim ownership of the lands, are all forged documents, and therefore, the plea of the members of the Society that they are in possession of the said lands was also negated by the trial Court.
(b) It is observed at para 15 of the order of the learned Single Judge in Writ Petition No. 20601 of 2002, that the impleading application by these very applicants have been rejected. It was held that they are not required to be heard in the matter and that they are not necessary or proper parties. For the aforesaid reasons and in view of the material on record, we are of the view that the applicant is neither a necessary nor a proper party. Even in the earlier round of litigation a similar application was rejected. There are no grounds or new facts or new rights for the applicants. Hence, I.A. No. 2 of 2017 is dismissed.
12. Heard learned counsels and examined the material on record.
13. The Courts have already held with regard to the manner in which the entire proceedings have taken place. In the orders of the learned Single Judge as well as the learned Division Bench, the facts of the case are well narrated. We have also reiterated the said facts hereinabove. The impugned order of the Special Deputy Commissioner is, as a result of the direction issued by the Division Bench of this Court in Writ Appeal No. 1427 of 2008 dated 27.01.2009 wherein the Division Bench held that the writ petitioners therein would be entitled to the benefit of the order passed by the then Hon’ble Chief Minister, only if the respondents are satisfied that the writ petitioners are the original allottees who had been given hakku pathras as homeless persons and that they had put up dwelling units on the basis of the said hakku pathras. Therefore, the duty of the Special Deputy Commissioner was only to arrive at a finding based on the specified direction. However, we find from the order of the Special Deputy Commissioner that such a finding has not been recorded. It was for him to follow the order of the Division Bench with regard to the existence of dwelling units on the sites in question etc. Rather than doing so, he has entered into an exercise which he was not entitled to do. There is no finding recorded by him that the writ petitioners are homeless persons and that they have put up dwelling units on the basis of the hakku pathras issued to them. It is only for this limited purpose that a relief was granted by the Appellate Court. It was this relief that the Special Deputy Commissioner had to consider. We are of the considered view that there is a deliberate disobedience of the order passed by the Appellate Court. The Special Deputy Commissioner has gone beyond his jurisdiction, into matters on which he has no authority to deliberate. He has even gone to the extent of confirming the allotment of free sites. The allotment of free sites was not a question that he was expected to answer. The only relief after all these litigations, was to ascertain whether the petitioners therein had put up dwelling units on the basis of the said hakku patras issued to them as homeless persons etc. In view of the order of the Appellate Court not being complied with, we do not find any reason whatsoever to sustain the order of the Special Deputy Commissioner.
14. The order passed by the Special Deputy Commissioner is wholly without any authority and he has exceeded his jurisdiction in passing the said order. Therefore, we have no hesitation to set aside the impugned order dated 04.08.2010.
15. This is a very peculiar case, where the valuable land of the State has been stuck up in litigation ever since the year 1979. The State has been trying its best to recover the lands belonging to it for the last 40 years. Cases after cases have been filed by various persons without even a semblance of any right. Various orders which were passed by the authorities have all been set aside by the Courts of law. There is virtually no material to sustain the grant of land to any one of the respondents. All these matters have already been decided. It is not for this Court to go into settled issues again and again. They are all the issues, that have been concluded. The relief so granted by the Appellate Court was only to a limited extent. It is rather unfortunate that litigations after litigations are being piled on and the State is yet to get the land that it is lawfully entitled to. The Government order was passed as far back as on 27.04.2002 directing the Special Deputy Commissioner to take possession of the land after evicting the unauthorized persons. It is observed that even to this day, the same could not be given effect to in view of the various pending litigations. Therefore, in view of the facts and circumstances of the case involved every single issue with regard to the hakku pathras, the grant of land, the possession of the respondents and all matters related thereto, have all since been concluded by various Court orders. The only question was of protecting the respondents with regard to their dwelling units etc. Now that issue too is concluded.
16. It is vital to note that the learned Additional Advocate General has brought to the notice of this Court, the manner in which the author of the impugned order has been passing orders. That a series of strictures have been passed against him which are noted in his C.Rs, departmental inquiries have been held, charges have been proved and punishment has been imposed and that he has since been dismissed.
17. For all the aforesaid reasons, the writ petition is allowed. The order of the Special Deputy Commissioner, Bengaluru District vide Annexure-A dated 04.08.2010 is quashed.
18. Consequently, the Special Deputy Commissioner, Bengaluru District, is directed to re- consider the matter. The consideration by the Special Deputy Commissioner shall be strictly in terms of the order dated 27.01.2009 passed in Writ Appeal No.1427 of 2008 and nothing else. The said exercise shall be completed within a period of six months from the date of receipt of a copy of this order.
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JUDGE JUDGE hnm