IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.17936 OF 2011 [KLR-RR/SUR] C/w.
WRIT PETITION NOs.17934 OF 2011 & 18828-18829/2011 [KLR-RES] IN W.P. No.17936/2011:
BETWEEN:
MR. V.S. RAJAGOPAL S/O. A.V. RM. V. SANKARANARAYANAN AGED ABOUT 52 YEARS DIRECTOR SUBADRA TEXTILE PVT. LTD., NO.20/A, JUDICIAL OFFICER’S LAYOUT 2ND CROSS, RMV II STAGE, SANJAYNAGAR BANGALORE – 560 094 ... PETITIONER (BY SRI. D.R. RAVISHANKAR, ADV ) AND:
1 STATE OF KARNATAKA DEPARTMENT OF REVENUE VIDHANA SOUDHA DR. AMBEDKAR VEEDHI BANGALORE – 560 001 2 THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE 3 ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION BANGALORE 4 THE THASILDAR BANGALORE SOUTH TALUK BANGALORE 5 SMT. JAYAMMA W/O. GANGAIAH, MAJOR BYCHIGUPPE VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK 6 MR. GIRIYAPPA S/O. VENKATA BHOVI, MAJOR JANATHA COLONY BYCHIGUPPE VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK 7 MR. GUNDAPPA SINCE DECEASED BY HIS LRs 7[A]. SMT. KEMPAMMA W/O. LATE GUNDAPPA AGED ABOUT 65 YEARS 7[B] MUNIRATNAMMA D/O. LATE GUNDAPPA AGED ABOUT 39 YEARS 7[C] GIRISH S/O. LATE GUNDAPPA SINCE DECEASED BY HIS LRS., 7[C][1] PUSHPAVATHI W/O. LATE GIRISH AGED 28 YEARS 7[C][2] ANJALI AGED 3 YEARS 7[C][3] CHIRAGOUDA AGED 11 YEARS SINCE 7[C][2] AND 7[C][3] ARE MINORS, THEY ARE REP. BY THEIR MOTHER SMT. PUSHPAVATHI 7[D] G. PUSHPA D/O. LATE GUNDAPPA AGED 33 YEARS 7[E] G. JANARDHANA S/O. LATE GUNDAPPA AGED 30 YEARS ALL ARE RESIDING AT BAICHAGUPPE VILLAGE, TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE … RESPONDENTS [BY SRI. T.S. MAHANTESH, AGA FOR R1 TO R4; SRI. P.M. SIDDAMALLAPPA, ADV., FOR R5;
SRI. D.R. SUNDARESH, ADV., FOR R6;
SRI. P.D. VISHWANATH, ADV., FOR R7[A, B, D & E AND R7[C-1 TO 3] THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON THE FILE OF SPECIAL DEPUTY COMMISSIONER AND QUASHING ORDER DATED 21.7.2010 PASSED IN REVISION PETITION NO.77/2006-07 VIDE ANNEXURE-S AND ETC.
IN WRIT PETITION NOs.17934 OF 2011 & 18828-18829/2011:
BETWEEN:
1 SMT. GANGAMBIKE W/O. LATE T.M. MAHADEVAIAH AGED ABOUT 66 YEARS 2 MR. T.M. SHIVAKUMAR S/O. LATE T.M. MAHADEVAIAH AGED ABOUT 45 YEARS 3 MR. T.M. SIDDAPPA S/O. LATE T.M. MAHADEVAIAH AGED ABOUT 42 YEARS ALL ARE RESIDING AT BYCHIKUPPE VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK … PETITIONERS [BY SRI. HARIKRISHNA S. HOLLA, ADV.,] AND:
1 SMT. JAYAMMA W/O. GANGAIAH, MAJOR BYCHIGUPPE VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK 2 MR. GIRIYAPPA S/O. VENKATA BHOVI, MAJOR JANATHA COLONY BYCHIGUPPE VILLAGE TAVAREKERE HOBLI BANGALORE SOUTH TALUK 3 MR. GUNDAPPA SINCE DECEASED BY HIS LRs 3[A]. SMT. KEMPAMMA W/O. LATE GUNDAPPA AGED ABOUT 65 YEARS 3[B] MUNIRATNAMMA D/O. LATE GUNDAPPA AGED ABOUT 39 YEARS 3[C] GIRISH S/O. LATE GUNDAPPA SINCE DECEASED BY HIS LRS., 3[C][1] PUSHPAVATHI W/O. LATE GIRISH AGED 28 YEARS 3[C][2] ANJALI AGED 3 YEARS 3[C][3] CHIRAGOUDA AGED 11 YEARS SINCE 3[C][2] AND 3[C][3] ARE MINORS, THEY ARE REP. BY THEIR MOTHER SMT. PUSHPAVATHI 3[D] G. PUSHPA D/O. LATE GUNDAPPA AGED 33 YEARS 3[E] G. JANARDHANA S/O. LATE GUNDAPPA AGED 30 YEARS ALL ARE RESIDING AT BAICHAGUPPE VILLAGE, TAVAREKERE HOBLI BANGALORE SOUTH TALUK BANGALORE 4 THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION BANGALORE ... RESPONDENTS (BY SRI. T.S. MAHANTESH, ADV., FOR R4; SRI. P.M. SIDDAMALLAPPA, ADV., FOR R1; SRI. P.D. VISHWANATH, ADV., FOR R3[A TO E] & R3[C-1 TO C-3] THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS ON THE FILE OF SPECIAL DEPUTY COMMISSIONER AND QUASHING ORDER DTD. 21.7.2010 PASSED IN REVISION PETITION NO.58/03-04 VIDE ANNEX-P AND ETC.
THESE WRIT PETITIONS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner in W.P. No.17936/2011 is said to be legatee of Sri. S. Ramachandran who is purchaser of 2 acres of land in Sy. No.23 of Peddanapalya Village, Tavarekere Hobli, Bengaluru South Taluk. Admittedly, said land was granted in favour of one T.M. Mahadevaiah, vide grant order dated 17.6.1985. It is stated that the said grantee T.M. Mahadevaiah sought permission of the Deputy Commissioner to sell the said land [which was granted in his favour] during moratorium period. Accordingly, permission was granted to him on 11.06.1998.
2. When the matter stood thus, there appears to be some proceedings initiated by Jayamma and Giriyappa with reference to the very same land before the Special Deputy Commissioner, Bengaluru District, in Proceedings No.LND[A]4:99-2000 where certain orders are passed deciding the rights of said Jayamma and Giriyappa, in remanding the matter to the Assistant Commissioner where he was directed to reopen the proceedings in SAM:BHOO:MA:NI[3]:1993:84-85 dated 29.04.1995. It is stated that in the said proceedings, T.M. Mahadevaiah was impleaded as Respondent No.2 and the proceedings before the Assistant Commissioner got concluded on 22.03.2003.
3. However, it is stated that even before proceedings was initiated in impleading Mahadevaiah as Respondent No.2, he had died on 16.05.1999. Therefore, without bringing his legal representatives, proceedings in LND/RA[S]/1/2001-02 on the file of the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, is decided, which was subject matter of revision before the Special Deputy Commissioner in Revision Petition No.58/2003-04 which is filed by petitioners in W.P. Nos.17934 & 18828-18829/2011. The ground which was urged in Revision Petition No.77/2006-07 was that the order passed by Special Deputy Commissioner initially in LND/RA[S]/1/2001-02 on the file of the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, is without bringing legal representatives of Mahadevaiah on record and therefore the same is required to be set aside and the matter is required to be remanded.
4. Though such stand was taken by the petitioner herein, it is seen that in the Revision Petition No.58/2003-04 and Revision Petition No.77/2006-07, the Special Deputy Commissioner has not considered the same and has proceeded to dispose of the said proceedings by order dated 21.07.2010 which is challenged in these petitions.
5. After hearing learned counsel for the parties, this Court is of the opinion that serious error is committed in not impleading legal representatives of Mahadevaiah as parties in Proceedings No. LND/RA[S]/1/2001-02 on the file of the Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, while deciding the appeal filed by Jayamma, wife of Gangaiah.
6. Accordingly, by setting aside the order passed in the said proceedings which was confirmed in Revision Petition Nos.58/2003-04 and No.77/2006-07 on the file of the Special Deputy Commissioner also being set aside, the matter is remanded back to the Court of Assistant Commissioner, Bengaluru South Sub-Division, Bengaluru, to be reconsidered after impleading the petitioners as successors-in-interest to Respondent No.2, Mahadevaiah in the aforesaid proceedings.
7. Accordingly, these writ petitions are disposed of.
8. It is made clear that in the remanded matter, all the grounds which are available to the parties are kept open to be agitated with reference to the property in question.
AN/-
Sd/- JUDGE