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NC: 2023:KHC:22929-DB
WA No. 953 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY, 2023
PRESENT
THE HON'BLE MR PRASANNA B. VARALE, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT APPEAL NO. 953 OF 2022 (SC-ST)
BETWEEN:
1. MR YATHIRAJU
S/O.LATE MUNIYAPPA,
AGED ABOUT 52 YEARS,
2. SRI RAMAKRISHNA
S/O.LATE MUNIYAPPA,
AGED ABOUT 56 YEARS,
Digitally 3. MRS. VENTAKAMMA
signed by S/O.LATE MUNIYAPPA,
SUMA B N AGED ABOUT 83 YEARS,
Location: ALL R/AT NO.41,
High Court JUNNASANDARA VILLAGE,
of Karnataka
CARMALARAM POST,
SARJAPURA ROAD,
BENGALURU-560 035.
...APPELLANTS
(BY SRI. GOPALAKRISHNAMURTHY C.,ADVOCATE)
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NC: 2023:KHC:22929-DB
WA No. 953 of 2022
AND:
1. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
K.G. ROAD,
BENGALURU-560 009.
2. THE ASSISTANT COMMISSIONER
BANGALORE NORTH SUB-DIVISION,
BENGALURU-560 009.
3. SRI. THOMMANA LONAPPAN ANTHONY
S/O. SRI LONAPPAN,
AGED ABOUT 76 YEARS,
NO.478, 5TH BLOCK, I CROSS,
KHB COLONY,
BENGALURU -560 034.
4. MR. MONJOH FRANCIS,
P.C. FRANCIS,
AGED ABOUT 56 YEARS,
NO.892, I FLOOR, 17TH MAIN ROAD,
26TH CROSS, HSR LAYOUT,
SECTOR-3,
BENGALURU -560 034.
5. MASTER TITO PAUL
AGED ABOUT 22 YEARS,
S/O. SRI K.K. POLOUSE,
NO.1245, 25TH A-CROSS,
HSR LAYOUT, SECTOR-2.
6. MASTER ALOSH PAUL
AGED ABOUT 21 YEARS,
S/O. SRI K.K POLOUSE,
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WA No. 953 of 2022
NO.1245, 25TH A CROSS,
HSR LAYOU, SECTOR-2,
BENGALURU -560 034.
7. SRI VIKRAMAN P.MENON
AGED ABOUT 60 YEARS,
S/O. PARAMESWARA NAIR,
NO.659, KASAVANAHALLI,
KHATHA NO.302,
VARTHUR HOBLI,
BENGALURU EAST TALUK,
BENGALURU -560 035.
8. SRI. JEEVAN
AGEDA BOUT 36 YEARS,
S/O. VENKATARAMANAPPA,
NO.1-A, CHOLANAGARA
MAIN ROAD,
R.T.NAGAR POST,
BENGALURU -560 032.
9. M/S. KARANATAKA POWER CORPORATION
EMPLOYEES CO-OPERATIVE SOCIETY
LIMITED, REGD. OFICE NO.29,
TRADE CENTRE,
RACE COURSE ROAD,
13TH CROSS,
MAHALAKSHMI LAYOUT,
BENGALURU -560 086.
REP BY SECRETARY.
10. SRI ANANDA RAMA AITHAL
AGED ABOUT 47 YEARS,
S/O. LATE SUBRAMANYA AITHAL,
MATHRU KRUPA,
NO.17/11, 2ND MAIN,
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WA No. 953 of 2022
12TH CROSS, WILSON GARDEN,
BENGALURU -560 030.
11. SRI. GIREESHA AITHAL
AGED ABOUT 51 YEARS,
S/O. LATE SUBRAMANYA AITHAL,
MATHRU KRUPA, NO.17/11,
2ND MAIN, 12TH CROSS,
WILSON GARDEN,
BENGALURU -560 030.
12. SRI B. MANOJ
AGED ABOUT 51 YEARS,
S/O. P.S. BALAKRISHNAN,
OLD NO.171/9, NEW NO.27,
KAVERI BAIL LAYOUT,
6TH MAIN, APPURAO ROAD CROSS,
CHAMARAJPET,
BENGALURU -560 018.
13. SRI KALIDINDI SRIVASA RAJU
S/O. K.V. KRISHNAM RAJU,
AGED ABOUT 51 YEARS,
FLAT NO.302, UMA
SANJEEVAN RESIDENCY,
I MAIN, LAKSHMINAGAR,
J.P.NAGAR, 7TH PHASE,
BENGALURU -560 078.
14. SRI BODHU SANTHOSH KUMAR
AGED ABOUT 56 YEARS,
S/O. LATE B. ASHOK KUMAR,
FLAT NO.301/5-8-28,
SURYODAYA APPARTMENTS,
D-FATEH SULTAN LANE,
NAMPALLI STATION ROAD,
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WA No. 953 of 2022
HYDERABAD-560 001.
15. SRI VIJU.P.V
S/O.P.V. PANIKAR,
AGED ABOUT 40 YEARS,
NO.3, 27/7TH CROSS,
ASHWINI LAYOUT, EJIPURA,
BENGALURU -560 047.
16. SRI K.C. VARGHESE
S/O. SRI KANNAN PUZHA
CHAKKUNNI,
AGED ABOUT 56 YEARS,
R/AT NO.437, SWASTI,
6TH MAIN,
2ND CORSS, HAL 3RD STAGE,
WARD NO.74,
BENGALURU -560 075.
17. KARAMATHUSSAIN
S/O. LATE SRI M.D. AMANATH HUSSAIN,
AGEDA ABOUT 40 YEARS,
NO.73, 9TH F MAIN,
BTM IST STAGE,
BENGALURU -560 029.
18. SRI MOHAMMED ASIF
S/O. ABDUL HAFEEZ,
AGED ABOUT 56 YEARS,
REP. BY GPA HOLDER RAHANA BEGUM,
NO.8, R. SANNAPPA BLOCK,
BENSON TOWN ROAD,
BENGALURU -560 046.
19. MEDHA A BALIKERE
AGED ABOUT 47 YEARS,
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WA No. 953 of 2022
W/O ASHOK BALIKERE,
R/AT NO 846, 2ND FLOOR,
5TH CROSS, 5TH MAIN,
M C LAYOUT VIJAYNAGAR,
BENGALURU 560 056.
20. K S VIJAYKUMAR
S/O K L SHIVANNA
KAIKONDANAHALLI VILLAGE
BENGALURU SOUTH.
21. ELANGO B
S/O B BALAKRISHNAN,
AGED AOUT 47 YEARS,
R/AT NO 8/8,
EASWARAN KOVIL STREET
UTHAKAMANDAPAM
COIMBATORE - 641 032.
...RESPONDENTS
(BY SRI. S.S. MAHENDRA, AGA FOR R1 & R2)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO a). ALLOW THIS
APPEAL AND SET ASIDE THE ORDER DATED 25.11.2021
PASSED IN W.P. NO. 19079/2014 (SC-ST) AS PER
ANNEXURE - A AND ETC.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, M.G.S.KAMAL J., DELIVERED THE FOLLOWING:
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WA No. 953 of 2022
JUDGMENT
This writ appeal is against the order dated 25.11.2021 passed in W.P.No.19079/2014 (SC-ST) by which the said writ petition filed by the appellants herein has been dismissed.
2. The aforesaid writ petition was filed by the appellants herein claiming to be the legal heirs of one Muniyappa, s/o late Sonnappa belonging to the Scheduled Caste community. It is the case of the appellants that land in Sy.No.24/14 and new Sy.No.89 measuring 3 acres situated at Kasavanahalli village originally was granted in favour of one Sri.Venkataramana, S/o Muniya vide order dated 15.08.1929 for free of cost with a specific condition of non-alienation forever. That based on the said grant, name of said Venkatarama was mutated in the revenue records and in the family partition the aforesaid land had fallen to the share of Muniyappa. That respondents purchased the property in terms of registered deed of sale -8- NC: 2023:KHC:22929-DB WA No. 953 of 2022 in the year 1993. That the appellants initiated the proceeding under Section 5 of the Karnataka Scheduled Castes and Scheduled Tribes (Prohibition of Transfer of Certain Lands) Act, 1978 (for short 'PTCL Act') in case No. K.SC.ST.57/2004-05 which was allowed by respondent No.2-the Assistant Commissioner declaring the sale deed to be null and void by his order dated 04.06.2008. The said order was taken in appeal before the respondent No.1-Deputy Commissioner who by order dated 06.03.2014 allowed the appeal setting aside the order of the respondent No.2 resulting in filing of the above writ petition by the appellants.
3. Learned Single Judge after hearing the parties and perusing the records found that the proceedings under the PTCL Act were initiated after an inordinate delay of 11 years and in view of the law down by the Apex Court in the case of NEKKANTI RAMA LAKSHMI vs. STATE OF KARNATAKA AND ANOTHER reported in 2018(1) Kar.L.R. 5 (SC) has held that the -9- NC: 2023:KHC:22929-DB WA No. 953 of 2022 application not having been filed within reasonable time dismissed the petition.
4. Sri.Gopalakrishna Murthy C, learned counsel for the appellants reiterating the grounds urged in the memorandum of appeal submitted that the sale transaction in question were effected by the general power of attorney holder of the father of the appellant and husband of the appellant No.3 and not by the father of the appellant directly. He submits that appellants learnt about the said sale transaction only after the death of their father. That the delay if any in initiating the proceedings should not be held against the appellants as they are not well versed with their legal rights. Hence, seeks for allowing of the appeal.
5. Heard and perused the records.
6. It is not in dispute that subject land was sold in favour of the private respondents during the year 1993 and the proceedings under the PTCL Act have been
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NC: 2023:KHC:22929-DB WA No. 953 of 2022 initiated during the year 2004. It is also not in dispute that no action were taken under the PTCL Act by the father of the appellants. No explanation of any nature whatsoever is offered for the delay in initiating the proceedings except pleading ignorance of law.
7. In the aforesaid circumstances in view of the delay of 11 years in initiating the proceedings under the PTCL Act and in view of the law laid down by the Apex Court in the case of NEKKANTI RAMA LAKSHMI (supra) which is relied upon by the learned Single Judge while passing the impugned order, we are of the considered view that no grounds are made out warranting interference. Hence, the appeal is dismissed.
Sd/-
CHIEF JUSTICE Sd/-
JUDGE RU