IN THE HIGH COURT OF KARNATAKA, BANGALORE

Transcription

1 1 IN THE HIGH COURT OF KARNATAKA, BANGALORE BETWEEN: DATED THIS THE 14 TH DAY OF AUGUST, 2013 PRESENT THE HON'BLE MR. D.H.WAGHELA, CHIEF JUSTICE AND THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA W.A.Nos /2013 (LR) 1.SRI.R.VIJAYAKUMAR, S/O SRI R.S.RADHAKRISHNA, AGED ABOUT 47 YEARS, R/O NO.63, II CROSS, GANGANAGAR, BANGALORE SRI. BANGARAPPA S/O SRI RAMASWAMY, AGED ABOUT 69 YEARS, AMRUTHA NAGAR, SAHAKARANAGAR POST, III CROSS, (KODIGEHALLI CROSS), DASARAHALLI ROAD, YELAHANKA HOBLI, BANGALORE APPELLANTS (BY SRI: UDAYA HOLLA, SR. COUNSEL, FOR SRI.S.P.KULKARNI, ADV.) AND: 1.THE STATE OF KARNATAKA, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, VIDHANA SOUDHA, BANGALORE

2 2 2.THE LAND TRIBUNAL, BANGALORE NORTH & NORTH (ADDL.) TALUK, BANGALORE , REP. BY ITS CHAIRMAN/ASST. COMMR. 3.THE ASST. COMMISSIONER, BANGALORE SUB-DIVISION, BANGALORE THE SPL. TAHSILDAR, BANGALORE NORTH (ADDL.) TALUK, BANGALORE SRI.K.SUBRAMANI, S/O LATE KARIYAPPA, AGED ABOUT 66 YEARS, R/AT NO.882, 1 ST MAIN ROAD, (OLD SY.NO.95), NEW SY.NO.138, AMURTHNAGAR MAIN ROAD, SAHAKAR NAGAR POST, BANGALORE RESPONDENTS (BY SRI: Y.R.MANJUNATHA, ADV. FOR C/R5, SRI.BASAVARAJ KAREDDY, PRL.GA FOR R1 TO R4) ***** THESE WRIT APPEALS ARE FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE WRIT PETITION /12 DATED 20/2/13. THESE APPEALS BEING RESERVED AND COMING ON FOR PRONOUNCEMENT OF JUDGMENT, THIS DAY, NAGARATHNA J., DELIVERED THE FOLLOWING:

3 3 J U D G M E N T 1. By order dated 20/12/2013 passed in W.P.Nos /2012, learned Single Judge of this Court has dismissed the writ petitions and it is assailed in these appeals. 2. The brief facts of the case are that the appellants had assailed the order of the Land Tribunal, Bangalore North (Addl.) Taluk, dated 26/07/2012, passed in LRF.INA.17/ before the learned Single Judge. 3. The main grievance of the appellants is that their application filed for impleadment before the Land Tribunal has not been considered and instead, the Land Tribunal has rejected their claim, as also claim of the respondents for conferment of occupancy rights in respect of the lands in Sy.Nos.49, 95 and 120 of K.G.Amruthahalli village, Yelahanka Hobli, Bangalore

4 4 North (Additional) Taluk. Further, a direction is issued to the Special Tahsildar, Bangalore North (Additional) Taluk, Bangalore, to take necessary action for continuation of the entries in the Revenue Records in respect of the said lands to be shown as Government lands. 4. We have heard learned senior counsel for the appellants, learned counsel for the caveator/respondent No.5 and learned Addl. Govt. Advocate for respondent Nos.1 to 4 and perused the material on record including the impugned orders of the Land Tribunal as well as learned Single Judge. 5. The appellants claim that out of an extent of 11 Acres 7 Guntas of land in Sy.No.95 (New No.138), four acres were originally granted to one Munivenkatappa by the Special Deputy Commissioner, by order dated 28/06/1960, under the provisions of

5 5 the Mysore (Personal & Misc.) Inams Abolition Act, Thereafter, the heirs of Munivenkatappa had sold the granted lands in favour of the appellants to an extent of two Acres each in the year 1994 by registered sale deeds. The appellants claim to be in actual possession and enjoyment of the lands purchased by them and the R.T.Cs were also in their names. When the Land Tribunal was considering the applications made by some other persons for grant of occupancy rights in respect of Sy.No.95 (New No.138), the appellants sought to implead themselves in the said proceedings, in order to bring to the notice of the Land Tribunal that 4 Acres had been granted in favour of their vendor s predecessor, Munivenkatappa and that no claim could have been made by anyone else in respect of those lands and that the grant made in favour of late Munivenkatappa in the year 1960 had to be affirmed. The grievance of the appellants is that

6 6 the Land Tribunal, without considering the case of the impleading applicants i.e., the appellants herein, proceeded to reject the applications filed by some other persons and issued a direction to continue to treat those lands as Government lands. Therefore, the order of the Land Tribunal was assailed before the learned Single Judge and on the dismissal of the writ petitions, these appeals have been filed. 6. Learned senior counsel has brought to our notice a copy of the order of grant dated 28/06/1960 (Annexure A ) on the basis of which, the appellants have claimed their title to the said lands. We find that the Tribunal has not given a categorical finding as to whether there was indeed such an order of grant or not and as to whether the appellants had a claim to the said lands and therefore were required to be impleaded. While the appellants can have no grievance with regard to the rejection of the

7 7 applications made by some other persons for grant of occupancy rights, their main grievance is with regard to the direction issued to the Special Tahsildar, Bangalore North (Additional) Taluk, Bangalore, to continue the entries in the revenue records in respect of the lands in question as Government lands. 7. We also find that the learned Single Judge has also not considered this aspect of the matter. Therefore, on this sole ground, the order of the learned Single Judge as well as that of the Tribunal are set aside except to the extent that the direction of the Land Tribunal to the Special Tahsildar, Bangalore North Taluk (Additional) Taluk, Bangalore, to treat the lands in question as Government lands shall be maintained till a decision on the application for impleadment is taken. The matter is remanded to the Land Tribunal for a fresh consideration after giving an opportunity of hearing to the appellants herein and

8 8 other parties to make submissions on the application for impleadment filed by the appellants. In case the Land Tribunal is of the view that the appellants application for impleadment need not be allowed, then the order dated 26/07/2012 (Annexure W ) shall be continued. Therefore, without expressing any opinion on the merits of the matter, the Land Tribunal is directed to consider the application for impleadment filed by the appellants herein in accordance with law and thereafter, to pass necessary orders in the matter. The appeal is allowed in the aforesaid terms, without any order as to costs. Sd/- CHIEF JUSTICE *mvs Sd/- JUDGE