Karnataka High Court

Annasaheb And Anr vs State Of Karnataka And Ors on 21 June, 2021

Author: S.G.Pandit And M.G.S.Kamal

                               1



            IN THE HIGH COURT OF KARNATAKA
                   KALABURAGI BENCH

         DATED THIS THE 21ST DAY OF JUNE 2021

                          PRESENT
           THE HON'BLE MR.JUSTICE S.G.PANDIT
                             AND
           THE HON'BLE MR.JUSTICE M.G.S.KAMAL


           WRIT APPEAL NO.200478/2018 (LR)

Between:

1.     Annasaheb @ Annappagouda
       S/o Payappagouda Patil
       Age: 59 years, Occ: Agriculture
       R/o Neginal Village
       Tq. B. Bagewadi, Dist. Vijayapur

2.     Ashok S/o Payappagouda Patil
       Age: 52 years, Occ: Agriculture
       R/o Neginal Village
       Tq. B. Bagewadi, Dist. Vijayapur
                                           ... Appellants

(By Sriyuths I.R. Biradar, L.T. Pujari
 and G.G. Chagashetti, Advocates)

And:

1.     State of Karnataka
       By its Secretary
       Revenue Department
       M.S. Building, Bengaluru - 560001

2.     Assistant Commissioner
       Vijayapur - 586 101
                               2




3.     The Chairman Land Tribunal
       Basavana Bagewadi
       Tq. Basavana Bagewadi
       Dist. Vijayapur - 586 101

4.     The Special Tahasildar
       Basavana Bagewadi
       Tq. Basavana Bagewadi
       Dist. Vijayapur - 586 101

5.     The Tahasildar Basavan Bagewadi
       Tq. Basavana Bagewadi
       Dist. Vijayapur - 586 101

6.     Beerappa Sabappa Gugadaddi
       Since deceased by his LRs.,

6(a)   Kenchappa S/o Beerappa Gugadaddi
       Age: 35 years, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

6(b)   Dundawwa
       W/o Beerappa Gugadaddi
       Age: 60 years
       Occ: Household & Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

6(c)   Smt. Mayawwa
       W/o Beerappa Gugadaddi
       Age: 55 years
       Occ: Household & Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

7.     Dareppa Marilingappa Dhanagond
       Since deceased by his LR
                               3



7(a)   Tipparaya
       S/o Ningappa Gugadaddi
       Age: 46 years, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

8.     Shivabasayya Shankrayya Hiremath
       Age: Major, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

9.     Kabula Abbusa Parutabad
       Since deceased by his LRs.,

9(a)   Abdul Khadar
       S/o Lalasaheb Parutabad
       Age: 35 years, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

9(b)   Abbasali
       S/o Lalasaheb Parutabad
       Age: 32 years, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

9(c)   Smt. Bibi Fhatima
       W/o Husensab Choudari
       Age: 30 years
       Occ: Household & Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

9(d)   Smt. Rajiya Begum
       W/o Khaja Husen Khureshi
       Age: 35 years
       Occ: Household & Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101
                               4



9(e)   Khaja Bandenawaja
       Lalsaheba Parutabad
       Age: 28 years, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

10.    Lalasa Bandagisab Parutabad
       Since deceased by Legal heir

10(a) Gudusa S/o Lallesa Parutabad
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

11.    Saifansab Dawalsab Karajagi
       Since deceased by his LR.,

11(a) Abdul S/o Saifansab Karajagi
      Age: 60 years, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

12.    Maktumsab Hasansab Nadaf
       Since deceased by his LRs.,

12(a) Maheboob S/o Maktumsab Nadaf
      Age: 42 years, Occ: Agriculture
      R/o Donnur, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

13.    Manasursab Dastagirsab Mulla
       Since deceased by his LR;

13(a) Nabisa S/o Manursa Mulla
      Age: 46 years, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

14.    Rasulsa Hussainsa Bijapur
       Since deceased by his LR.,
                              5



14(a) Jannat Bee
      W/o Rasulsa Bijapur
      Aged about 55 years, Occ: Coolie
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

15.   Abdul Rajak S/o Nabisa Bijapur
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

16.   Husainbi Ummarsa Nimbalkar
      Since deceased by her LR.,

16(a) Ramajanbi Yakubsab Mulla
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

17.   Bandagisab
      S/o Hashimsha Makamdar
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

18.   Begumsa Lalesa Honakunti
      Since deceased by his LR.,

18(a) Lalemashak Maibub
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

19.   Tipparaya
      S/o Dharmanna Gugadaddi
      Since deceased by his LRs.,

19(a) Revaneppa Tipparaya Gugadaddi
      Age: 45 years, Occ: Agriculture
                               6



19(b) Mallappa S/o Tipparaya Gugadaddi
      Age: 42 years, Occ: Agriculture

19(c) Shreemant S/o Tipparaya Gugadaddi
      Age: 40 years, Occ: Agriculture

19(d) Ravi S/o Tipparaya Gugadaddi
      Age: 38 years, Occ: Agriculture

19(e) Kantawwa W/o Ramappa Jogi
      Age: 38 years, Occ: Household
      All are R/o Neginal Village
      Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

20.   Fakirsa Amirsab Dundasi
      Since deceased by his LRs.,

20(a) Allabaxa S/o Fakirsa Dundasi
      Age: 50 years, Occ: Agriculture

20(b) Khayum S/o Fakirsa Dundasi
      Age: 45 years, Occ: Agriculture

20(c) Mariun W/o Akbar Bijapur
      Aged about 47 years

20(d) Murtujabi W/o Nuraka Dundasi
      Age: 40 years, Occ: Household

20(e) Rabanbi D/o Phakirasa Dundasi
      Age: 35 years, Occ: Household

20(f) Smt. Mabubi W/o Fakirsa Dundasi
      Age: 70 years, Occ: Household
      Since deceased, V.O.D.08.10.2020,
      R20(a) to R20(e) are treated as LRs of R20(f)

      All are R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101
                              7




21.   Fakirsa Mirasab Makandar
      Since deceased by his LR.,

21(a) Sharifa Begum
      W/o Fakirsa Makandar
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

22.   Bheemappa Hanamant Harijan
      Since deceased by his LR,

22(a) Hanumesha S/o Bhimappa Harijan
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

23.   Smt. Andanevva Kashibai Hanchinal
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

24.   Siddappa Sabappa Gugadaddi
      Since deceased by his LR,

24(a) Joteppa S/o Siddappa Gugadaddi
      Age: Major, Occ: Agriculture
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

25.   Abubkar Husainsa Patel
      Since deceased his LR,

25(a) Ameerbi W/o Abubkar Patel
      Aged about 75 year, Occ: Household
      R/o Neginal Village, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

26.   Ameensab S/o Lalasab Parutabad
      Age: Major, Occ: Agriculture
                             8



      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

27.   Aksar Ali S/o Nabisab Nadaf
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

28.   Badsha S/o Lalsab Lalasangi
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

29.   Hanamanta S/o Yallappa Harijan
      Since deceased by Legal heir

29(a) Yallappa S/o Hanamanta Harijan
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

30.   Shivappa S/o Yamanappa Harijan
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

31.   Yallawwa D/o Yamanappa Harijan
      Since deceased by Legal heir

31(a) Tippanna S/o Yallawwa Harijan
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

32.   Tippanna S/o Yallawwa Harijan
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101
                              9




33.   Hanamanta S/o Yallappa Holer
      Since deceased by LR.,

33(a) Yallappa S/o Hanmanta Holer @ Harijan
      Age: 60 years, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

34.   Hanamant S/o Dandappa Madar
      Since deceased by By his LR

34.(a) Parasappa S/o Hanamant Madar
       Aged about 37 years, Occ: Agriculture
       R/o Neginal, Tq. B. Bagewadi
       Dist. Vijayapur - 586 101

35.   Muttappa S/o Hanamanta Holer
      Since deceased by LR

35(a) Basavaraj S/o Muttappa Holer
      Age: 35 years, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

36.   Ameenappa S/o Hanamappa Holer
      Since his LRs.,

36(a) Ramesh S/o Ameenappa
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

36(b) Laxman S/o Ameenappa
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

37.   Smt. Yamanawwa W/o Yamanappa
      Age: Major, Occ: Agriculture
                                10



        R/o Neginal, Tq. B. Bagewadi
        Dist. Vijayapur - 586 101

38.     Sangappa S/o Hanmanta Holer
        Since deceased by Legal heir

38(a) Parasappa S/o Sangappa Holer
      Age: Major, Occ: Agriculture
      R/o Neginal, Tq. B. Bagewadi
      Dist. Vijayapur - 586 101

39.     Basappa S/o Siddappa Hullur
        Age: Major, Occ: Agriculture
        R/o Yambatnal, Tq. B. Bagewadi
        Dist. Vijayapur - 586 101
                                                 ... Respondents

(Smt. Anuradha M. Desai, GA for R1 to R5;
 Sri Sanganagouda V. Biradar, Adv. for R-39;
 Notice to R6(a to c), R7(a), R8, R9 (a to e), R10(a), R11(a),
 R12(a), R13(a), R14(a), R16(a), R17, R18(a), R19(a to e),
 R20(a to e), R21(a), R22(a), R23, R24(a), R25(a), R26, R28,
 R29(a), R30, R31(a), R32, R33(a), R34(a), R35(a), R36(a & b),
 R37, R38(a) are served;
 Notice to R15 & R27 held sufficient V.O.D. 18.10.2020)
 Notice to R20(a to e) are treated as LRs of deceased R20(f)
 V.O.D.08.10.2020.)

        This writ appeal is filed under Section 4 of the High
Court Act, praying to set aside the order of the learned single
judge    dated   27.02.2018    in   W.P.Nos.205311/2016       and
205648-650/2016 (LR) by allowing the writ petitions.


        This appeal having been heard and reserved for
judgment on 10.06.2021, coming on for pronouncement of
Judgment      this   day,   M.G.S.KAMAL,   J.,    delivered   the
following:-
                               11



                        JUDGMENT

This intra court appeal under Section 4 of the

Karnataka High Court of Act, 1961 against the order

dated 27.02.2018 passed by the learned single judge

dismissing W.P.Nos.205311/2016 and 205648-

650/2016 (LR) filed by the appellants.

2. The case of the appellants is that their

grandfather and the father were landlords holding 484

acres 24 guntas of agricultural D - Class lands at

Neginal village, Shivangi village and Devarahipparagi

village. That the father of the appellants had filed

declaration declaring their holding of lands in Form

No.11 under Section 66 of the Karnataka Land Reforms

Act (for short, 'KLR Act') mentioning the names of their

family members and the extent of alienation made by

them and the extent of their entitlement. That the

Special Thasildar, Basavana Bagewadi on receipt of the

declaration filed under Section 66 of the Act had passed

Order on 07.04.1976 in KLR/D/SR/728 vide

Annexure-B holding that the father of the declarant was

having surplus land of 282 acres 06 guntas and that

the said order had been passed by the Special Thasildar

without issuing any notice to the declarant or without

recording the statement of the parties and without

having any jurisdiction to pass the impugned order.

3. That Special Tahsildar had distributed the

excess land of the declarant to the landless persons by

order dated 07.03.1983, 02.04.1983 and 03.07.1984

vide Annexures-C, D & E, respectively without initiating

the proceedings under Section 77 of the Act and that

the said orders passed by the Special Thasildar were not

communicated either to the declarant or to his family

members. It is the aforesaid orders which have been

questioned by the appellants in the aforesaid writ

petitions. The learned single judge of this court taking

note of the fact that as on 07.04.1976, the Special

Thasildar had competent jurisdiction to pass orders in

the proceedings, conducted under Sections 66 and 67 of

the Act and had held that the challenge to the said

order would not survive and the subsequent orders at

Annexure-C, D & E to the writ petition by distributing

the land to the landless persons by the Thasildar cannot

be called in question after expiry of 40 years had

dismissed the said writ petitions. Thus, the aforesaid

order of the learned single judge is under challenge in

this writ appeal.

4. The learned counsel for the appellants

submitted that the rejection of the writ petitions by the

learned single judge on the ground of delay and laches

is untenable in view of the law laid down by the Hon'ble

Apex Court. The learned counsel relied upon the

following decisions:

i) AIR 1987 SC 1353 (Collector Land Acquisition, Anantnag & Anr .

       Vs. Mst. Katiji & Ors.)

ii)    AIR 2007 SC 3018
       (Ramdas Shivram Sattur        Vs.   Rameschandra
       Popatlal Shah & Ors.

iii) Ashok Vs. State of Karnataka & Ors.

[WA No.200528/2014 (LR), DD 25.02.2016]

iv) State of Karnataka Vs. Y. Moideen Kunhi (dead) by LRs & Ors. [(2009) 13 SCC 192)

The learned counsel further submitted that the Special

Thasildar had no authority under the law to pass orders

at Annexures-B, C, D & E respectively, and hence

sought for allowing of the appeal.

5. While urging the cause for delay, the

appellants as seen at paragraph No.4(e) of the writ

appeal it is the appellants have contended that their

grandfather and several others had challenged the

legality and the validity of the Amendment Act No.1 of

1974 in W.P.No.4042 to 4102/1974 before this court

and the said writ petitions were dismissed. Further the

appellants have sought to plead certain causes, such as

commotions in the village resulting in the family

members of the appellants shifting to Bijapur, etc. have

been narrated. Be that as it may. The question in the

writ petitions and in this appeal is with regard to the

competency of the Thasildar in passing the order dated

07.04.1976 determining the excess entitlement of the

land under Section 67 of the Act . Admittedly, the said

provision was amended effective from 02.06.1976

substituting word "Tribunal" for the word "Thasildar".

Prior to that day, Thasildar was competent to deal with

under the provisions of Sections 66 and 67 of the Act.

Therefore, as rightly held by the learned single judge

there is no illegality in the said order dated 07.04.1976

passed by the Thasildar.

6. The other contention is with regard to

subsequent orders dated 07.03.1983, 02.04.1983 and

03.07.1984. It is urged that the Thasilder distributed

the land among the landless persons namely

respondent No.5 to 34 illegally as per his whims and

fancies. A careful perusal of Annexures-C, D & E reveal

that they are not the orders distributing land as

contended by the appellants. Annexures-C & D appear

to be correspondence regarding entering of names of the

grantees in the relevant records. There is a reference to

certain instructions / orders of the Special Deputy

Commissioner, Vijayapura in that regard. Annexure-E is

a letter from Special Thasildar to the Assistant

Commissioner Revenue, Vijayapura referring to

distribution of land by the Land Tribunal and for further

action in the matter. Thus, Annexure-C, D & E are not

the orders passed by the Special Thasildar as

contended by the appellants distributing the land

amongst tenants and other landless persons.

7. In any event these purported orders sought

to be challenged by the petitioners is after lapse of more

than 40 years. As rightly noted by the learned single

judge that the petitioners' grandfather having

unsuccessfully challenged the amendment of the

provisions which came into effect in the year 1974 they

may not be entitled to challenge the order dated

07.04.1976.

8. In furtherance to his submission contending

condonation of delay, learned counsel relied upon

certain judgments. The Hon'ble Apex Court in the case

of Collector Land Acquisition Officer, Anantnag &

Anr. vs. Mst. Katiji & Ors, reported in 1987 SC 1353

dealing with doctrine of equality before the law

demanding that all litigants, including State as a

litigant, are accorded the same treatment and the law is

administered in an equitable manner, at para No.3 has

held as under;

"1. Ordinarily a litigant does not stand to benefit by lodging an appeal late.

2. Refusing to condone delay can result in a meritorious matter being thrown out at the very threshold and cause of justice being defeated. As against this when delay is con- doned the highest that can happen is that a cause would be decided on merits after hearing the parties.

3. "Every day's delay must be explained" does not mean that a pedantic approach should be made. Why not every hour's delay, every second's delay? The doctrine must be applied in a rational common sense pragmatic manner.

The Apex Court in the case of Ramdas Shivram

Sattur Vs. Rameshchandra Popatlal Shah & Ors.,

reported in AIR 2007 SC 3018 in the matter of

regarding restoration of abated appeal, at para No.9

held as under;

"9. The courts have to adopt a justice- oriented approach dictated by the uppermost consideration that ordinarily a litigant ought not to be denied an opportunity of having a lis determined on merits unless he has, by gross negligence, deliberate inaction or something akin to misconduct, disentitled himself from seeking the indulgence of the court."

The learned counsel for the appellants referred to

a judgment of the co-ordinate Bench of this court in the

case of Ashok Vs. The State of Karnataka & Ors.

[W.A.No.200528/2014(LR), disposed of on 25.02.2016].

In the said case, the challenge was to the endorsement

dated 18.12.2013 issued by the Thasildar stating that

the Application in Form No.7 filed by the grandfather of

the petitioners on 21.12.1974, claiming occupancy

rights in respect of certain agricultural lands, was not

available in the records. It was under the circumstances

of non-performance of statutory duties by the Thasildar

and Tribunal in disposing/adjudicating the Application

in Form No.7, held that the delay and laches could not

be attributed to the petitioners.

He further relied upon the judgment of Apex Court

in the case of State of Karnataka Vs. Y. Moideen

Kunhi (dead) by Lrs. & Ors. reported in (2009) 13

SCC 192, wherein the Apex Court dealing with the

Governmental functioning and the procedure of delay

incidental to the decision making process and the

seriousness of the matter involved therein had referred

to its earlier judgment in Ramegowda, Major Vs. The

Special Land Acquisition Officer, Bangalore,

reported in AIR 1988 SC 897, wherein at para No.8

thereof it was stated as under;

"8. ....The law of limitation is, no doubt, the same for a private citizen as for governmental authorities. Government, like any other litigant must take responsibility for the acts or omissions of its officers. But a somewhat different complexion is imparted to the matter where Government makes out a case where public interest was shown to have suffered owing to acts of fraud or bad faith on the part of its officers or agents and where the officers were clearly at cross-purposes with it."

Thus, it was under aforesaid exceptional

circumstances involving public interest suffering on

account of fault on the part of the Government

representatives the delay was condoned.

9. In the instant case, the order dated

07.04.1976 passed by the Thasildar under Section 67 of

the Act was in exercise of powers conferred on him. As

on the day of passing order by the Thasildar, the

jurisdiction vested with the Thasildar. As such, the

same cannot be held to have been passed without

jurisdiction.

10. The reliance placed by the learned counsel