IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF FEBRUARY 2019 BEFORE THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.30143/2012(LR-RES) BETWEEN APPAYYANNA SINCE DECEASED BY HIS LRS 1. SRI SHIVARUDRAIAH AGED ABOUT 55 YEARS S/O LATE APPAYYANNA 2. SRI B A RAJANNA AGED ABOUT 52 YEARS S/O LATE APPAYYANNA BOTH ARE RESIDING AT BILLINAKOTE VILLAGE SOMPURA HOBLI NELAMANGALA TALUK BANGALORE RURAL DISTRICT (BY SRI K.P.BHUVAN, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY SECRETARY DEPARTMENT OF REVENUE M S BUILDING, BANGALORE-01 2. THE LAND TRIBUNAL ... PETITIONERS NELAMANGALA TALUK NELAMANGALA – 562 123 REP. BY ITS SECRETARY 3. RUDRAIAH SINCE DECEASED BY HIS LRS (a) NARAYANAPPA AGED ABOUT 42 YEARS S/O LATE RUDRAIAH (b) DEVARAJ AGED ABOUT 40 YEARS S/O LATE RUDRAIAH BOTH ARE RESIDING AT AVVERAHALLI VILLAGE BILLINAKOTE VILLAGE AND POST SOMPURA HOBLI NELAMANGALA TALUK -562 123 BANGALORE RURAL DISTRICT 4. SRI KRUPAKAR AGED ABOUT 56 YEARS S/O MADAREDDY R/AT TAKUR BUILDING T DASARAHALLI BANGALORE 5. SRI RIYAZ AHMED AGED ABOUT 49 YEARS S/O LATE ABDUL KHADER 6. SRI SHAFI AHMED AGED ABOUT 42 YEARS S/O LATE ABDUL KHADER RESPONDENTS 5 AND 6 ARE R/AT NO.336, N S PALYA 2ND STAGE, VIDYARANYAPURA POST BANGALORE - 560 023. ... RESPONDENTS (BY SRI B.S.BUDIHAL, HCGP FOR R1 & R2 SRI NAVEED AHMED, ADVOCATE FOR R5 & R6 SRI S.A.H.RAZVI AHMED, ADVOCATE FOR R4 VIDE ORDER DATED 14.03.2013, NOTICE TO R3(a) & (b) ARE HELD SUFFICIENT) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DATED 2.1.1982 PASSED BY THE 2ND RESPONDENT - ADDITIONAL LAND TRIBUNAL, NELAMANGALA TALUK, NELAMANGALA VIDE ANNEXURE-D AND ETC.
THIS WRIT PETITION COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners herein are claiming themselves to be legal representatives of deceased Appayyanna who was respondent in proceedings bearing No.LRF.AVR.7/1975-76 on the file of Land Tribunal, Nelamangala.
2. In the proceedings before the Land Tribunal one Rudraiah s/o Channappa filed an application seeking occupancy right in respect of 2 items of lands i.e., Sy.No.22/1 measuring 3 acres 24 guntas and Sy.No.37 measuring 32 ½ guntas of Avverahalli village, Sompura Hobli, Nelamangala Taluk. The order of the Tribunal in the said proceedings, which is produced at Annexure-D would indicate that the respondent therein namely Appayyanna s/o Maregowda who appeared personally in the said proceedings accepted that the lands in question were cultivated by the applicant – Rudraiah s/o Channappa and also stated that he has no objection for the saguvali chit being issued in his favour. It is based on said statement of Appayyanna the proceedings before the Land Tribunal was concluded on 2.1.1982, thereafter saguvali chit is issued in favour of Rudraiah. The certified copy of the order of the Land Tribunal would indicate that Appayyanna has affixed his signature to the said proceedings.
3. However, the present writ petition is filed by his legal representatives exactly 30 years after the order impugned is passed by the Land Tribunal contending that the order of Land Tribunal requires interference on the ground that the applicant before the Land Tribunal was none other than the cousin of Appayyanna, that he was not a tenant as such, the occupancy right granted in his favour is erroneous and the said proceedings is conducted behind the back of Appayyanna. Whereas the certified copy of the order impugned, as stated supra, would indicate the presence of Appayyanna before the Tribunal.
4. Now the moot point that arise for consideration in this proceedings is whether Appayyanna during his lifetime made any attempt to disturb the order impugned? In this regard, when a question is posed as to the date of death of Appayyanna, it is indicated that he was alive till 2006. Therefore, it is clear that for nearly 24 years Appayyanna did not challenge the occupancy right granted in favour of his cousin - Rudraiah and it is only after Appayyanna’s death his great grand children as could be seen from the genealogy have approached this Court impugning the order of the Land Tribunal. The genealogy at Annexure-A would indicate that the petitioners herein are the grand children of one Maregowda, who is son of Appayyanna. In that view of the matter, it is seen that three generations have accepted the order passed by the Land Tribunal over a period of 30 years, which is subsequently sought to be disturbed by the petitioners herein.
5. In fact, this writ petition is required to be dismissed firstly for the reason of delay and laches and secondly, for the reason that Appayyanna - original respondent before the Land Tribunal himself accepts the said order and for nearly 24 years he lived after the said order was passed, during which period there was no protest by him against the order of the Land Tribunal. In that view of the matter, this writ petition does not merit consideration. Accordingly, it is dismissed.
Sd/- JUDGE nd/-