Smt Leelavathi vs State Of Karnataka
2022 Latest Caselaw 11386 Kant

                              1
     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 16TH DAY OF AUGUST, 2022

                        PRESENT

             THE HON'BLE MR. ALOK ARADHE
                 ACTING CHIEF JUSTICE

                          AND

     THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

        WRIT APPEAL NO.1013/2021(KLR-RES)

BETWEEN:

1.     MR. ANANDA
       S/O LINGEGOWDA
       (SINCE DEAD BY LR'S)

1(a)   SMT. LEELAVATHI
       W/O LATE ANANDA
       AGED ABOUT 71 YEARS
       RESIDING AT CHIKKAHOSUR
       VILLAGE, HAMLET OF GIRAGUR
       VILLAGE, HARNAHALLI HOBLI
       PERIYAPATNA TALUK
       MYSORE DISTRICT
       PIN CODE - 571 107.

2.     SRI SATHISHA
       S/O ANANDA
       AGED ABOUT 49 YEARS
       RESIDING AT CHIKKAHOSUR
       VILLAGE, HAMLET OF GIRAGUR
       VILLAGE, HARANAHALLI HOBLI
       PERIYAPATNA TALUK
       MYSORE DISTRICT
       PIN CODE - 571 107.            ...APPELLANTS

(BY SRI P.M. GOPI, ADV., FOR
    SRI SIDDAMALLAPPA P.M, ADV.)
                               2
AND:

1.     STATE OF KARNATAKA
       REPRESENTED BY ITS
       PRINCIPAL SECRETARY
       DEPARTMENT OF LAND REVENUE
       M.S. BUILDING
       BANGALORE - 560 001.

2.     THE DIVISIONAL COMMISSIONER
       MYSORE DIVISION
       MYSORE - 570 002.

3.     THE DEPUTY COMMISSIONER
       MYSORE DISTRICT
       MYSORE - 570 002.

4.     SMT. KEMPAMMA
       W/O A.C. RAJAIAH
       AGED ABOUT 78 YEARS
       RESIDING AT AGRJUNAHALLI
       VILALGE, K.R. NAGARA TALUK
       MYSORE DISTRICT - 571 601.

5.     SMT. THRIPURAMBA
       D/O A.C. RAJAIAH
       AGED ABOUT 58 YEARS
       RESIDING AT ARJUNAHALLI
       VILLAGE, K.R. NAGARA TALUK
       MYSORE DIST - 571 601.

6.     SMT. SHANTHA
       D/O A.C. RAJAIAH
       AGED ABOUT 48 YEARS
       RESIDING AT BELAKAAWADI
       VILLAGE, BEGEPURA HOBLI
       MALAVALLI TALUK
       MYSORE DISTRICT
       PIN CODE - 571 417.

7.     SMT. SUDHAMANI
       D/O A.C. RAJAIAH
       AGED ABOUT 50 YEARS
       RESIDING AT NO.30/45
       MARRUTHIBADAVANE
       2ND CROSS, HUNSUR
                             3
      MYSORE DISTRICIT
      PIN CODE - 571 105.

8.    SRI A.R. MAHADEVAPPA
      S/O LATE A.C. RAJAIAH
      AGED ABOUT 44 YEARS
      RESIDING AT ARJUNAHALLI
      VILLAGE, K.R. NAGARA TALUK
      MYSORE DISTRICT
      PIN CODE - 571 601.                 ...RESPONDENTS

(BY SMT. VANI H, A.G.A. FOR R-1 TO R-3)

     THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER DATED 28.07.2021 PASSED BY THE
LEARNED SINGLE JUDGE OF THIS HON'BLE COURT IN
W.P.NO.48950/2012 AND THEREBY ORDER TO DISMISS THE
WRIT PETITION, BY ALLOWING THE ABOVE WRIT APPEAL
WITH EXEMPLARY COSTS, IN THE ENDS OF JUSTICE AND
EQUITY.

     THIS APPEAL COMING ON FOR PRELIMINARY HEARING
THIS DAY, ACTING CHIEF JUSTICE DELIVERED THE
FOLLOWING:

                      JUDGMENT

This intra court appeal under Section 4 of the

Karnataka High Court Act has been filed against the order

dated 28.07.2021 passed by the learned Single Judge, by

which the writ petition preferred by respondent nos.4 to

8 has been allowed.

2. Facts giving rise to the filing of this appeal

briefly stated are, that the land was granted to the father

of respondent no.4 on 02.04.1962. Thereafter, saguvali

chit was issued in favour of the original grantee - Rajaiah

in the year 1972 and his name was also recorded in the

revenue records for the period from 1969-70 to 1999-

2000. However, the Divisional Commissioner, by order

dated 05.07.1999 cancelled the grant made in favour of

the father of respondent no.4.

3. Respondent nos.4 to 8 challenged the aforesaid

order in the writ petition which has been allowed by the

learned Single Judge. In the aforesaid factual

background, this appeal has been filed.

4. Learned Counsel for the appellants submitted

that the order passed by the learned Single Judge was

made subject to the out come of the regular second

appeal. Our attention has been also invited to the

judgment dated 28.03.2022, by which the judgment

passed by the Trial Court has been set aside and the suit

has been remitted to the Trial Court for decision afresh.

It is, therefore, submitted that in view of the judgment

dated 28.03.2022 passed in R.S.A.No.964/2014, the writ

appeal be allowed.

5. We have considered the submission made by the

learned Counsel for the appellant and have perused the

records.

6. It is pertinent to note that the land was granted

in favour of the original grantee - Rajaiah on 02.04.1962.

Thereafter, his name was entered in the revenue records

and continued as such for the period from 1969-70 till

1999-2000. The name of the original grantee is

continued in Col. No.9 of the RTC as cultivator. The title

of the land in question was with the grantee. The learned

Single Judge has quashed the order canceling the grant

and is made subject to the result of the regular second

appeal pending between the parties.

7. The regular second appeal has been decided by

judgment dated 28.03.2022 and the suit pending

between the parties has been remitted for consideration

to the Trial Court afresh. The order of remand does not

have any impact on the order passed by the learned

Single Judge. The contention that merely because the

civil suit has been restored and the matter has been

remitted to the Trial Court, and therefore, the order

passed by the learned Single Judges deserves to be set

aside, is misconceived.

8. For the aforementioned reasons, we do not find

any merit in this appeal. The same fails and is hereby

dismissed.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE