Karnataka High Court
Sri A J James vs State Of Karnataka on 4 July, 2022
Bench: Acting Chief Justice, J.M.Khazi
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JULY 2022
PRESENT
THE HON'BLE MR. ALOK ARADHE
ACTING CHIEF JUSTICE
AND
THE HON'BLE MS.JUSTICE J.M. KHAZI
W.A. NO.267 OF 2020 (SC-ST)
IN
W.P.Nos.8401-8402 OF 2019 (SC-ST)
BETWEEN:
1. SRI.A.J.JAMES,
S/O LATE A.C.JOSEPH,
AGED ABOUT 60 YEARS,
2. SMT.ANCY JAMES,
W/O MR.A.J.JAMES,
AGED ABOUT 53 YEARS,
APPELLANTS 1 AND 2 ARE
RESIDING AT NO.576, 4TH CROSS,
HMT LAYOUT, R T NAGAR,
BANGALORE - 560 032.
3. SMT.SUSHEELAMMA,
W/O LATE B.M.GOVINDARAJU,
AGED ABOUT 57 YEARS,
4. SRI.BHASKAR,
S/O LATE SRI.B.M.GOVINDARAJU,
AGED ABOUT 32 YEARS,
2
5. SRI.SHASHIDHARA,
S/O LATE SRI.B.M.GOVINDARAJU,
AGED ABOUT 31 YEARS,
6. SRI.B.M.NARAYANASWAMY,
S/O SRI.B.G.MUNIYAPPA,
AGED ABOUT 62 YEARS,
7. SMT.M.N.KUSUMA,
D/O SRI.B.M.NARAYANASWAMY,
AGED ABOUT 32 YEARS,
8. SRI.B.N.MOHAN KUMAR,
S/O SRI.B.M.NARYANASWAMY,
AGED ABOUT 29 YEARS,
APPELLANTS NO.3 TO 8 ARE RESIDING AT
BETTAHALASURU VILLAGE, JALA HOBLI,
BANGALORE NORTH(ADDL) TALUK,
BANGALORE - 562 157.
... APPELLANTS
(BY MR.VIVEK SUBBA REDDY,SENIOR COUNSEL FOR
SRI/SMT/MISS.JEENA V.CHACKO, ADV., FOR A1 & A4)
AND:
1. STATE OF KARNATAKA,
THROUGH ITS SECRETARY,
DEPARTMENT OF REVENUE,
M S BUILDING, BANGALORE - 560 001.
2. DEPUTY COMMISSIONER,
BANGALORE DISTRICT,
K G ROAD, BANGALORE - 560 001.
3. SPECIAL DEPUTY COMMISSIONER-1,
BANGALORE NORTH, FIRST FLOOR,
DEPUTY COMMISSIONER'S OFFICE,
K G ROAD, BANGALORE - 560 009.
3
4. ASSISTANT COMMISSIONER,
BANGALORE NORTH DIVISION,
K G ROAD, BANGALORE - 560 009.
5. TAHSILDAR,
BANGALORE NORTH ADDITIONAL
TALUK OFFICE,
YELAHANKA, BANGALORE - 560 064.
6. SMT.GOWRAMMA,
AGED ABOUT 74 YEARS,
D/O LATE KORAMARA VENKATAMMA,
& W/O D N LAKSHMAIAH,
ADDRESS FOUND AFTER ISSUE OF
NEWSPAPER ADVERTISEMENT THROUGH
DC'S COURT NO.127, 2ND FLOOR,
KEMPANNA BUILDING,
NEAR YELLAMMA TEMPLE, ANANTPURA ROAD,
SINGANAYAKANAHALLI POST, YELAHANKA,
BANGALORE - 560 064.
7. SMT.BYLAMMA,
W/O LATE RAMAMURTHY,
AGED ABOUT 61 YEARS,
(SINCE DEAD BY HER LR'S)
7A. SMT NARAYANAMMA,
D/O LATE RAMAMURTHY & BYLAMMA,
AGED ABOUT 45 YEARS,
(SINCE DECEASED BY HER LR'S)
7A1.MS.ASHWINI,
D/O LATE NARAYANAMMA & HANUMANTHAPPA,
AGED ABOUT 25 YEARS,
7A2.MS MANJI,
D/O LATE NARAYANAMMA & HANUMANTHAPPA,
AGED ABOUT 23 YEARS,
7B.SMT. NANJAMMA,
D/O LATE RAMAMURTHY & BYLAMMA,
AGED ABOUT 43 YEARS,
4
7C.SMT.MEENA,
D/O LATE RAMAMURTHY & BYLAMMA,
AGED ABOUT 41 YEARS,
7D.SMT. SARITHA,
D/O LATE RAMAMURTHY & BYLAMMA,
AGED ABOUT 39 YEARS,
RESPONDENTS NO.7A1,7A2,7B,7C AND 7D
ARE RESIDING AT KAKOLU VILLAGE,
HESSARGHATTA HOBLI,
BANGALORE NORTH TALUK - 560 090.
8. SRI.H.R.SURESH,
S/O LATE H.K.RAMAIAH,
NO.1, SHRESTA, JAKKUR MAIN ROAD,
JAKKUR POST, BANGALORE - 560064.
9. SECRETARY,
DEPARTMENT OF PERSONNEL AND
ADMINISTRATIVE REFORS,
VIKASA SOUDHA, AMBEDKAR VEEDHI,
BANGALORE - 560 001.
10. INSPECTOR GENERAL OF REGISTRATION
AND COMMISSIONER OF STAMPS,
KANDHAYA BHAVAN, 8TH FLOOR,
K G ROAD, BENGALURU - 560 001.
AMENDED V.C.O DATED 19.4.2022
... RESPONDENTS
(BY SMT.VANI H,AGA FOR R1-R5,R9 & R10;
MR.S.T.JUNJAPPA, ADVOCATE FOR R7(A) (I),
R7(A)(II),R7(B-D);
SMT/MISS. POOJA NAGORI, ADV., FOR R8;
MR. V SANJAY KRISHNA, ADV., FOR R8)
---
THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT, PRAYING TO SET ASIDE THE
IMPUGNED ORDER IN WP NOS.8401-8402/2019 DATED
5
13/12/2019 PASSED BY THE LEARNED SINGLE JUDGE,
QUASHING THE ASSISTANT COMMISSIONERS ORDER
NO.KSCST (BNA) 44/2011-12 DATE 21/02/2019 PLACED AT
ANNEXURE-O PASSED AFTER FILING THE WRIT PETITION
INCLUDING INTERIM PRAYERS THEREIN, ISSUING SUITABLE
DIRECTIONS TO THE CONCERNED AUTHORITIES TO
IMPLEMENT THE ALLOWED PRAYERS.
THIS W.A. COMING ON FOR ORDERS, THIS DAY,
ACTING CHIEF JUSTICE DELIVERED THE FOLLOWING:
JUDGMENT
Mr.Vivek S.Reddy, learned Senior counsel for the
appellant Nos.1 to 4.
Smt.Vani H., learned Additional Government
Advocate for the respondent Nos.1 to 5, 9 and 10.
Mr.S.T.Junjappa, learned counsel for the
respondent No.7(A1), 7(A2) and 7(B-D).
Smt.Pooja Nagori, learned counsel for the
respondent No.8.
This intra Court appeal has been filed against
the order dated 13.12.2019 passed by the learned
Single Judge by which the writ petition preferred by
the appellants has been disposed of with liberty to the
appellant to assail the order dated 21.02.2019 passed
by the Assistant Commissioner in an appeal before
the Deputy Commissioner under the provisions of the
Karnataka Scheduled Castes and Scheduled Tribes
(Prohibition of Transfer of Certain Lands) Act, 1978.
2. The learned Senior counsel for the appellants
fairly submitted that the appellants are bound in law
to assail the order passed by the Assistant
Commissioner in an appeal which is the forum
provided by the statute. However, it is submitted that
the appellants have been prosecuting this intra Court
appeal and therefore, the period in prosecuting this
appeal may be excluded and the appellants be granted
liberty to file an appeal within one week. It is also
urged that a date of appearance of the parties may be
fixed. It is also urged that the Deputy Commissioner
be directed to decide the appeal in a time bound
manner.
3. On the other hand, learned counsel for the
respondents have fairly not opposed the submissions
made by the learned counsel for the appellants.
4. In view of the submissions made on both sides
and taking into account the fact that the appellants
would be prosecuting the remedy of appeal before this
Court, it is directed that in case the appellants file an
appeal against the order dated 21.02.2019 passed by
the Assistant Commissioner before the Deputy
Commissioner within a period of 30 days from today,
the Deputy Commissioner shall decide the appeal
preferred by the appellants on merits. The parties
shall appear before the Deputy Commissioner on
04.08.2022 and for the said day, no notice is required
to be issued to the parties.
The Deputy Commissioner shall make an
endeavour to conclude the proceedings within a
period of four months from the date of appearance of
the parties.
Needless to state that the appellants shall be at
liberty to assail the order dated 24.09.2015 granting
permission to sell the property in accordance with
law. The appellants are also granted liberty to
prosecute the reliefs sought for in this writ appeal in
the writ petition before the appropriate forum.
Accordingly, the appeal is disposed of.
Sd/-
ACTING CHIEF JUSTICE
Sd/-
JUDGE
RV
