1 IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 17TH DAY OF JULY 2012 BEFORE THE HON'BLE MR. JUSTICE RAM MOHAN REDDY WRIT PETITION No. 3001 OF 2007(LB-RES) C/W WRIT PETITION NO.14861/2006(LB-RES) AND WRIT PETITION NOS.6188/10 & 10796/10(LB-RES). IN WP No. 3001 OF 2007: BETWEEN : 1 SHRI KITTAPPA S/O LATE IMMAVU GIRI GOWDA @ SANNE GOWDA, AGED ABOUT 56 YRS R/O NO 3695, III CROSS, IV MAIN TOWN, MYSORE 2 SHRI N K SASHIDHAR S/O SHRI T KRISHNAIAH AGED ABOUT 45 YRS R/O NO2, 13 CROSS, R P ROAD 571301 3 SHRI SHIVANANJAPPA S/O VEERABHADRAPPA AGED ABOUT 59 YRS R/O DOOR NO 5289, BEHIND KABBALI HOSTEL, NEAR KEMPE GOWDA LAYOUT 571301 4 SMT N VARALAKSHMI W/O SHRI M RAJANNA
2 D/OF SHRI NAGALINGAPPA AGED ABOUT 48 YR R/AT NO 5287/1, BEHIND KABBALI HOSTEL NEAR KEMPE GOWDA LAYOUT, - 571301...PETITIONERS ( By Smt. GEETHA DEVI M P, ADVOCATE ) AND : 1 THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL,. 2 THE DEPUTY COMMISSIONER MYSORE DISTRICT, MYSORE. 3 DR P D EKAMBARAM S/O LATE DR P C DORESWAMY AGED ABOUT 54 YRS DR DORESWAMY MEMORIAL HALL SAJARI COMPLEX, BAZAAR ROAD 4 DR P D KUMAR @ P D CHENGAIVARAYAN MEDICAL OFFICER, JSS HOSPITAL RAMANUJA ROAD, MYSORE 5 SHRI P D MANOHAR S/O LATE DR P C DORESWAMY AGED ABOUT 50 YRS M/S BALAJI ENTERPRISES SHABRI COMPLEX BAZAAR ROAD 571301 6 SMT P D MADHURI W/O SHRI VISHWANATH AGED ABOUT 44 YRS
3 R/O NO 6, BEHIND HANUMANTHAPPA FACTORY, KHB COLONY OOTY ROAD 571301 7 SMT P D SAVITHRI SUBRAMANI W/O SUBRAMANI AGED ABOUT42 YRS R/AT NO. 8/5-1, 16TH CROSS MARIYAMMANKOIL STREET JAYABHARATHINAGAR BANGALORE 560033. 8 SMT P D RENUKA W/O SHRI P S RENUKUMAR AGED ABOUT 40 YRS R/O MYTHRI APARTMENTS BUS STAND ROAD, VASINAVI' MUMBAI 9 SHRI P D SRIKANTA S/O LATE DR P C DORESWAMY AGED ABOUT 38 YRS BEHIND URDU MIDDLE SCHOOL CHAMALAPURA ROAD 571301 10 SMT GOWRAMMA W/O SHRI P D KUMAR AGED ABOUT 41 YEARS C/O. P D MANOHAR NO. 4306, CITIZEN SCHOOL ROAD NANJANAGOOD- 571301....RESPONDENTS ( By Sri. C R GOULAY, ADVOCATE FOR R1 SRI. K A CHANDRASHEKAR, ADVOCATE FOR R3 SRI. N MAHALINGA BHAT, ADVOCATE FOR R4 & R5) THIS PETITION IS FILED UNDER ARTICLE 226 & 227
4 OF CPC PRAYING TO QUASH THE ORDER DT. 29.8.2006 ON THE FILE OF THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE, VIDE ANN-W; AND ETC. In WP No.14861/2006 BETWEEN : 1 DR P D KUMAR S/O LATE P.C. DORAISWAMY AGED ABOUT 58 YEARS R/AT NO.5/B, 2ND CROSS, KAVERI LAYOUT, BEHIND DHOBIGHAT BORITHIMMAIAH GARDEN, KUMBARKOPPAL TOLGATE, MYSORE DISTRICT. 2 P D MANOHAR S/O LATE P.C. DORAISWAMY AGED ABOUT 55 YEARS R/AT NO.4305/C, CITIZEN SCHOOL ROAD OOTI HIGHWAY MYSORE DISTRICT 3 P D SRIKANTA S/O LATE P D DORAISWAMY AGED ABOUT 46 YEARS R/AT NO 18/12, BEHIND URDU SCHOOL CHAMALAPURA STREET MYSORE DISTRICT....PETITIONERS ( By Sri. N MAHALINGA BHAT, ADVOCVATE ) AND : 1 DR P D EKAMBARAM S/O LATE P.C. DORAISWAMY AGED ABOUT 59 YEARS,
5 SHABARI COMPLEX BAZAR STREET, NANJANAGOOD MYSORE DISTRICT 2 THE DEPUTY COMMISSIONER, MYSORE DISTT, MYSORE...RESPONDENTS ( By Sri. K A CHANDRASHEKAR, ADVOCATE FOR R1 SRI N B VISWANATH, AGA FOR R2) THIS PETITION IS FILED UNDER ARTICLE 226 & 227 OF CPC PRAYING TO QUASH THE IMPUGNED ORDER DT. 29.8.2006 PASSED BY THE DEPUTY COMMISSIONER, MYSORE DISTRICT, VIDE ANN-A; AND ETC. In WP Nos.6188 & 10796/2010 BETWEEN : SHRI A R RAMDAS S/O A. RANGASWAMY, AGED ABOUT 58 YEARS, C/O K.S. MANI, 5TH CROSS, HOSA BEEDHI, ITTIGE GUDU, INDIRANAGARA, MYSORE....PETITIONER ( By SMT. GEETHA DEVI M P, ADVOCATE ) AND : 1 THE CHIEF OFFICER TOWN MUNICIPAL COUNCIL -571301. 2 THE DEPUTY COMMISSIONER MYSORE DISTRICT
6 MYSORE-24. 3 DR P.D. EKAMBARAM SON OF LATE DR. P.C. DORESWAMY AGED ABOUT 57 YEARS, DR. DORESWAMY MEMORIAL HALL, SAJARI COMPLEX, BAZAAR ROAD, -571301. 4 DR. P.D. KUMAR @ P.D. CHENGAIVARAYAN AGED ABOUT 55 YEARS MEDICAL OFFICER, J.S.S. HOSPITAL, RAMANUJA ROAD MYSORE 5 SHRI P.D. MANOHAR S/O LATE DR. P.C. DORESWAMY AGED ABOUT 53 YEARS, M/S BALAJI ENTERPRISES, SHABARI COMPLEX BAZAAR ROAD, 6 SMT. P.D. MADHURI W/O SHRI VISHWANATH, AGED ABOUT 47 YEARS, RESIDING AT NO.6, BEHIND HANUMANTHAPPA FACTORY, K.H.B. COLONY, OOTY ROAD, 7 SMT P.D. SAVITHRI W/O SUBRAMANI AGED ABOUT 45 YEARS, RESIDING AT NO.18/5-1, 16TH CROSS MARIAMMAN KOIL STREET, JAI BHARATH NAGAR, BANGALORE 8 SMT P.D. RENUKA
W/O SHRI P.S. RENUKUMAR AGED ABOUT 43 YEARS, C/O SMT. PD SAVITRI RESIDING AT NO. 18/5-1, 16TH CROSS 16TH CROSS, MARIAMMAN KOIL STREET JAI BHARATH NAGAR, BANGALORE 9 SHRI P.D. SRIKANTA SON OF LATE DR. P.C. DORESWAMY AGED ABOUT 41 YEARS, BEHIND URDU MIDDLE SCHOOL, CHAMALAPURA ROAD, 7 10 SMT. GOWRAMMA W/O SHRI P.D. KUMAR AGED ABOUT 41 YEARS, C/O P.D. MANOHAR, NO. 4306, CITIZEN SCHOOL ROAD,...RESPONDENTS ( By Sri. C R GOULAY, ADVCOATE FOR R1 SRI. N B VISWANATH, AGA FOR R2 SRI. K A CHANDRASHEKAR, ADVOCATE FOR R3 SRI. MAHALINGA BHAT, ADVOCATE FOR R4&5 R6 TO 10 SERVED-UNREPRESENTED) THESE PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF CPC PRAYING TO CALL FOR THE RECORDS IN CASE ON THE FILE OF THE DEPUTY COMMISSIONER, MYSORE DISTRICT, MYSORE; AND ETC. THESE WRIT PETITIONS ARE COMING ON FOR PRL.HEARING B GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
8 ORDER Petitioners in W.P.3001/2007 and 6188/2010 as well as 10797/2010 claim to be purchasers of sites, while petitioners in W.P.14861/2006 claim to be owners of properties who executed the sale deeds. In all these petitions the challenge is to the order dt. 29.8.2006 Annexure-W of the Deputy Commissioner, Mysore. Hence with the consent of the learned counsel for the parties, the petitions are clubbed together, finally heard and disposed of by this order. 2. Briefly stated facts are: Father of Petitioners and 1st respondent in W.P.14861/2006 suceeded to the immovable property being lands converted for construction of hospital, houses for Nursing staff in Sy.No.319 and for poultry farming and residential quarters in Sy.No.320 of Basavanagudi Block, Chamalapura, Nanjangud Town. The said petitioners having formed a residential layout of sites in Sy.Nos.319 and 320 jointly conveyed the said sites in favour of
9 petitioners in W.P.3001/2007, 6188/2010 and 10796/2010 under registered deeds of sale. Thereafterwards the Chief Officer of the Town Municipal Council, Nanjangudrespondent, accepted the formation of the layout of sites, assigned municipal numbers, permitted the petitioners to put up construction of buildings recorded the names of the petitioners in the Tax registers and collected municipal taxes. It appears that the 1st petitioner in W.P.14861/2006 initiated a proceeding under Section 322 of the Karnataka Municipalities Act, 1964, for short the Act, calling in question the recording of the names of the parties in the tax registers, after the death of his father Dr.Doraiswamy, as well as the formation of the layout of sites, without however questioning the legality and validity of the conveyance deeds executed by the petitioners. The Deputy Commissioenr, Mysore by order impugned setaside the tansfer of khata in the names of the petitioners in W.P.14861/2006 and held that the formation of sites were illegal and consequently held that all further actions were illegal.
10 3. There is force in the submission of Sri.N.Mahalinga Bhat, learned counsel for the petitioners in W.P.14861/2006 that the Deputy commissioner, Mysore had no jurisdiction to invoke Section 322 of the Act to pass the order impugned. In other words, the order annexure-w is null and void and inoperative for lack of jurisdiction. Section 322 (1) states that the Director of Municipal Administration may call for and examine the records of any proceeding including orders of assessment and revision of assessment under the Act of any subordinate officer and after enquiry as is deemed fit, if he is satisfied that the order of the subordinate officer is contrary to law or has resulted in miscarriage of justice, pass such orders as he deems just. The word 'Commissioner' was substituted by the words ' Director of Municipal Administration under Sub-section (1) of Section 322 by Act 31/2003 w.e.f 20.8.2003. In that view of the matter, exercise of jurisdiction by the Deputy Commissioner under Section 322 to pass the order impugned on 29.08.2006 is without jurisdiction and
11 hence nonest and inoperative. In the result, these petitions are allowed. The order dt. 29.8.2006 Annexure-W of the Deputy Commissioner is quashed. Sd/- JUDGE ln/-