IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF NOVEMBER 2019 BEFORE THE HON’BLE MR. JUSTICE P. S. DINESH KUMAR WRIT PETITION NO.39317/2016 (KLR - RES) BETWEEN:
1. Revanna, S/o Doddayya, Aged about 50 years, Padavalalu Village, Bikkodu Hobli, Beluru Taluk, Hassan District – 573 115.
2. Thyagaraju, S/o Doddaiah, Aged about 22 years, R/o Tagare Village, Bikkodu Hobli, Beluru Taluk, Hassan District – 573 115.
3. Sannarajaiah, S/o Chikkayya, Aged about 62 years, Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan District – 573 115.
4. Anantharamu, S/o Ramanujaiah, Aged about 68 years, Krishnapura, Bikkodu Hobli, Beluru Taluk, Hassan District – 573 115.
5. Byraiah, S/o Lakkayya, Aged about 52 years, Doddihalli Village, Bikkodu Hobli, Belur Taluk, Hassan District – 573 115.
6. Malleshappa Since dead by Lrs 6(a) Smt.Neelamma, W/o late Malleshappa, Aged about 75 years, R/o Doddihalli Village, Bikkodu Hobli, Belur Taluk, Hassan District – 573 115.
6(b) Smt.Drakshayani, D/o late Malleshappa, W/o Sri.Nagaraju, Aged about 52 years, R/o Doddihalli Village, Bikkodu Hobli, Belur Taluk, Hassan District – 573 115.
6(c) Sri.Mahesh, S/o late Malleshappa, Aged about 49 years, R/o Doddihalli Village, Bikkodu Hobli, Belur Taluk, Hassan District – 573 115.
6(d) Sri.Somashekarappa, S/o late Malleshappa, Aged about 48 years, R/o Doddihalli Village, Bikkodu Hobli, Belur Taluk, Hassan District – 573 115.
6(e) Sri.Lokesh D.M., S/o late Malleshappa, Aged about 45 years, R/o Doddihalli Village, Bikkodu Hobli, Belur Taluk, Hassan District – 573 115. … Petitioners (By Sri.Sharath S Gowda, Advocate for P1 to P5; Sri. H.S. Raghavendra, Advocate for LRs of P6) And:
1. State of Karnataka, Department of Revenue, Represented by its Secretary, M.S. Building, Bangalore – 560 001.
2. Deputy Commissioner, Hassan District, Hassan – 573 201.
3. Assistant Commissioner, Sakaleshpura, Sakaleshpura Sub Division, Hassan District – 573 135.
4. The Tahsildar, Belur, Belur Taluk, Hassan District – 573 115.
5. D.N. Chandrashekarayya, S/o Nanjappa, Aged about 78 years, R/at Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
6. Veerannaiah, S/o Channavdevaraiah, Aged about 73 years, R/at Yedahalli Village, Bikkodu Hobli, Belur Taluk, Hassan – 573 115.
7. Rudragowda, S/o Puttaswamygowda, Aged about 63 years, R/at Thandekere Village, Madihally Hobli, Belur Taluk, Hassan – 573 115.
8. D M Nanjunda, S/o Malladevaru, Aged about 64 years, R/at Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan District – 573 115.
9. Shivashankara, S/o Nanjappa, Aged about 83 years, Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
10. D M Shivakumar, S/o Mallikarjunaiah, Aged about 56 years, Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
11. Smt. Lingamma, W/o Mallikarjunaiah, Aged about 73 years, Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
12. Sri. D M Dharmappa, S/o Mallikarjunaiah, Aged about 51 years, Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
13. Sri. D M Kumaraswamy, S/o Mallikarjunaiah, Aged about 48 years, R/At Doddihalli Village, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
14. Sri. D N Basavalingaiah S/o Nanjappa Aged about 71 years, Bikkodu Hobli, Beluru Taluk, Hassan – 573 115.
15. Sri. C S Jagadeeshappa, S/o Siddegowda, Aged about 73 years, R/o Chikkanagalu Village, Gunndenahalu Post, Palya Post, Alur Taluk – 567 002.
16. Sri. Shivananjappa, S/o Puttegowda, Aged about 58 years, R/o Sompura, Doddakanagalu, Alur Taluk – 567 002. … Respondents (By Sri.Y.D.Harsha, AGA for R1 to R4; Sri.A.S.Naveen, Advocate for Sri.Chandrakanth R Goulay, Advocate for R5 to R16) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India praying to direct the R-2 to consider the stay application filed by the 1st Petitioner under Section 55 of the Karnataka Land Revenue Act, along with his Revision Petition in R.A.No.10/2015-16 vide Annexure – A1 whereby the 1st Petitioner has sought for stay of the operation of the order passed in R.A.No.56/87-
88 dated 26.03.2015 by the R-3 vide Annexure – G and etc., This Writ Petition coming on for Orders this day, the Court made the following:
ORDER Though this matter is listed for consideration of I.A.No.1/2019, with the consent of learned advocate for the parties, same is taken up for final disposal.
2. Sri.Sharath S. Gowda, learned advocate for petitioner Nos.1 to 5 submitted that petitioners’ application under Section 55 of the Karnataka Land Revenue Act before Deputy Commissioner, Hassan, filed along with Revision petition in R.A.No.10/2015-
16 seeking to stay operation of order passed in R.A.No.56/87-88 dated 26.03.2015 passed by the 3rd respondent, Assistant Commissioner vide Annexure – A is not considered. Hence, petitioner filed this writ petition seeking a writ of mandamus. While this writ petition is pending, the Deputy Commissioner has disposed of the appeal by order dated 30.10.2018 recording that since the writ petition has been filed before this Court, there is no necessity to continue the appeal and the said reason recorded by the Deputy Commissioner is unsustainable in law.
3. It is not disputed fact that, in this writ petition, petitioners have sought for a direction to consider the Interlocutory Application in the appeal pending before the Deputy Commissioner. Therefore, the Deputy Commissioner ought to have awaited the decision of this Court and thereafter considered the appeal on merits.
4. Sri.Sharath S. Gowda is right in his submission that the reason recorded by the Deputy Commissioner is not tenable. Hence, the following:-
O R D E R The writ petition is allowed.
The order passed by the Deputy Commissioner in R.A.Nos.10/15-16 and 06/15-16 dated 30.10.2018 is hereby quashed and the said appeals are restored on the file of the Deputy Commissioner.
Deputy Commissioner is directed to hear the appeals on merits and dispose of in accordance with law within an outer limit of three months from the date of appearance of parties.
Parties shall appear without further notice on 16.12.2019 and take further instructions from the Deputy Commissioner.
The interim order of status quo granted by this Court shall be in force till the disposal of the appeal by the Deputy Commissioner.
Petition disposed of.
No costs.
Sd/- JUDGE MH/-