Karnataka High Court
N Munihanumiah vs The Land Tribunal on 17 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No.1677 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.1677 OF 2019 (LR)
BETWEEN:
1. N. MUNIHANUMIAH
S/O DODDANAGAPPA REDDY
AGED ABOUT 92 YEARS
NO.63, 2ND CROSS
VENKATESHWARA TEMPLE ROD
DOMLUR LAYOUT, BANGALORE-560 071.
2. M. LOKESH
S/O LATE N. MUNIYAPPA
Digitally signed AGED ABOUT 42 YEARS
by RUPA V
R/A NO.241, AMARAJYOTHI LAYOUT
Location: High
Court of DOMLUR, BANGALORE-560 071.
Karnataka
3. N. PADMANABHA REDDY
S/O LATE N. MUNIYAPPA
AGED ABOUT 40 YEARS
R/A NO.241, AMARAJYOTHI LAYOUT
DOMLUR, BANGALORE-560 071.
4. PILLA REDDY
S/O LATE N. MUNIYAPPA
AGED ABOUT 48 YEARS
R/A NO.241, AMARAJYOTHI LAYOUT
DOMLUR, BANGALORE-560 071.
5. MOHAN REDDY
S/O LATE N. MUNIYAPPA
AGED ABOUT 32 YEARS
R/A NO.241, AMARAJYOTHI LAYOUT
DOMLUR, BANGALORE-560 071.
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WA No.1677 of 2019
6. K. RAVINDRA
S/O LATE KRISHNA REDDY
AGED ABOUT 48 YEARS
NO.182, 2ND CROSS
NAGAPPA REDDY LAYOUT
B NARAYANAPURA
DOORAVANI NAGAR POST
BANGALORE-560 016.
7. N. MANJUNATHA REDDY
S/O LATE N. NARYANA REDDY
AGED ABOUT 44 YEARS
R/AT NO.23, 2ND FLOOR
KRISHNA REDDY COLONY
DOMLUR LAYOUT, BANGALORE-560 071.
8. SUDARSHAN
S/O LATE N. NARAYANA REDDY
AGED ABOUT 52 YEARS
R/AT NO.23, 2ND FLOOR
KRISHNA REDDY COLONY
DOMLUR LAYOUT
BANGALORE-560 071.
9. SMT. K. PREMA
D/O SRIRAMULU
AGED ABOUT 51 YEARS
R/A FLAT NO.19 MRE LAYOUT
BEHIND MANJUNATHA STORES
VIDYANAGAR, BENGALURU - 560016.
APPELLANTS ARE REP. BY THEIR GPA
HOLDER P. CHANDRASEKHAR
S/O LATE H. PAPAIAH REDDY
AGED ABOUT 59 YEARS
R/AT. NO191, 7TH CROSS
CHIKKABANASAWADI
BANGALORE-560003.
...APPELLANTS
(BY SRI. VIGHNESHWAR S. SHASTRI, SR. COUNSEL FOR
SRI. GURURAJ R, ADV.,)
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WA No.1677 of 2019
AND:
1. THE LAND TRIBUNAL
BANGALORE SOUTH TALUK
BANGALORE-560063
BY ITS SECRETARY.
2. THAYAPPA
S/O LATE KRISHNAPPA
AGED ABOUT 49 YEARS
R/O KRISHNAPPA LAYOUT
B NARAYANAPURA
BANGALORE-560 016.
3. SHIVA
S/O LATE KRISHNAPPA
AGED ABOUT 49 YEARS
R/O KRISHNAPPA LAYOUT
B NARAYANAPURA
BANGALORE-560 016.
4. MURALI
S/O LATE KRISHNAPPA
AGED ABOUT 45 YEARS
R/O KRISHNAPPA LAYOUT
B NARAYANAPURA
BANGALORE-560 016.
5. VENU
S/O LATE KRISHNAPPA
AGED ABOUT 42 YEARS
R/O KRISHNAPPA LAYOUT
B NARAYANAPURA
BANGALORE-560 016.
6. CHANDREGOWDA
S/O LATE NARAYANAPPA
AGED ABOUT 71 YEARS
R/A 7TH MAIN ROAD
WARD NO.11, B NARAYANAPURA
BANGALORE-560 016.
7. RAJANNA
S/O LATE NARAYANAPPA
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WA No.1677 of 2019
AGED ABOUT 66 YEARS
R/A 7TH MAIN ROAD, WARD NO.11
B NARAYANAPURA, BANGALORE-560 016.
8. PRAKASH GOWDA
S/O LATE NARAYANAPPA
AGED ABOUT 57 YEARS
R/A 7TH MAIN ROAD, WARD NO.11
B NARAYANAPURA, BANGALORE-560 016.
9. SADANANDA GOWDA
S/O LATE NARAYANAPPA
AGED ABOUT 51 YEARS
R/A 7TH MAIN ROAD, WARD NO.11
B NARAYANAPURA, BANGALORE-560 016.
10. RAMANNA
S/O LATE NARAYANAPPA
AGED ABOUT 32 YEARS
R/A 7TH MAIN ROAD, WARD NO.11
B NARAYANAPURA, BANGALORE-560 016.
DODDA ANNAIAH
S/O LATE KOTAPPA
SINCE DECEASED BY LRS.
11. UMASHANKAR
S/O LATE DODDA ANNAIAH
AGED ABOUT 56 YEAR
R/A 1ST CROSS, WARD NO.10
B.NARAYANAPURA
BENGALURU -560016.
12. GIRISH
S/O LATE DODDA ANNAIAH
AGED ABOUT 44 YEARS
R/A 1ST CROSS, WARD NO.10
B NARAYANAPURA
BENGALURU - 560016.
13. MANJU
S/O LATE DODDA ANNAIAH
AGED ABOUT 51 YEARS
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WA No.1677 of 2019
R/A 1ST CROSS, WARD NO.10
B NARAYANAPURA
BENGALURU - 560016.
14. RAVI
S/O LATE DODDA ANNAIAH
AGE ABOUT 46 YEARS
R/A 1ST CROSS, WARD NO.10
B.NARAYANAPURA
BENGALURU -560016.
15. PUSHPA
LATE DODDA ANNAIAH
AGE ABOUT 46 YEARS
R/A 1ST CROSS, WARD NO.10
B.NARAYANAPURA
BENGALURU -560016.
16. TULASI
S/O LATE DODDA ANNAIAH
AGE ABOUT 46 YEAR
R/A 1ST CROSS, WARD NO.10
B.NARAYANAPURA
BENGALURU -560016.
17. VENKATESHAPPA
S/O LATE KOTAPPA
AGED ABOUT 71 YEARS
R/A 1ST CROSS, WARD NO.10
B NARAYANAPURA
BANGALORE-560 016.
18. CHANDRAPPA
S/O LATE KOTAPPA
AGED ABOUT 66 YEARS
R/A 1ST CROSS, WARD NO.10
B NARAYANAPURA
BANGALORE-560 016.
19. PILLAMMA
D/O LATE KOTAPPA
AGED ABOUT 64 YEARS
R/A 1ST CROSS, WARD NO.10
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WA No.1677 of 2019
B NARAYANAPURA
BANGALORE-560 016.
20. VASUDEVA
S/O LATE KOTAPPA
AGED ABOUT 61 YEARS
R/A 1ST CROSS, WARD NO.10
B NARAYANAPURA
BANGALORE-560 016.
21. KEMPEGOWDA
S/O LATE GOVINDAPPA
AGED ABOUT 63 YEARS
RESIDING IN H T DEVEGOWDA ROAD
NEAR RAMA TEMPLE
GAYATHRINAGAR, B NARAYANAPURA
BANGALORE-560 016.
22. NAGARAJA GOWDA
S/O LATE GOVINDAPPA
AGED ABOUT 61 YEARS
RESIDING IN H T DEVEGOWDA ROAD
NEAR RAMA TEMPLE, GAYATHRINAGAR
B NARAYANAPURA, BANGALORE-560 016.
23. SRI. RAMA
S/O LATE GOVINDAPPA
AGED ABOUT 43 YEARS
RESIDING IN H T DEVEGOWDA ROAD
NEAR RAMA TEMPLE
GAYATHRINAGAR, B NARAYANAPURA
BANGALORE-560 016.
24. MADHU
S/O LATE GOVINDAPPA
AGED ABOUT 41 YEARS
RESIDING IN H T DEVEGOWDA ROAD
NEAR RAMA TEMPLE
GAYATHRINAGAR, B NARAYANAPURA
BANGALORE-560 016.
25. SMT. LAKSHMAMMA
D/O VEERA RAGHAVAIAH
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WA No.1677 of 2019
AGED 76 YEARS
R/A BENNIGANAHALLI
KRISHNARAPURAM HOBLI
BANGALORE EAST TALUK
BENGALURU CITY.
26. SMT. ANDALAMMA
AGED 75 YEARS
D/O VEERA RAGHAVAIAH
R/A BENNIGANAHALLI
KRISHNARAPURAM HOBLI
BANGALORE EAST TALUK
BENGALURU CITY.
27. SMT. KAMALAMMA
AGE : MAJOR
D/O VEERA RAGHAVAIAH
R/A BENNIGANAHALLI
KRISHNARAPURAM HOBLI
BANGALORE EAST TALUK
BENGALURU CITY.
28. STATE OF KARNATAKA
BY ITS SECRETARY
TO REVENUE DEPARTMENT
M S BUILDING, BANGALORE -560 001.
...RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G. AGA FOR R1 & R28
SRI. H.N. PRAKASH, ADV., FOR R2-R10 & R21-R24
R3, R4, R6, R7, R8, R11, R13, R14, R15, R18 SERVED
V/O DTD:12/01/2023 NOTICE TO R16, R17, R19, R25, R26 &
R27 ARE HELD SUFFICIENT THROUGH PAPER PUBLICATION)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO EXERCISE ITS APPELLATE
JURISDICTION AND SET ASIDE THE ORDER DATED
09/04/2019 PASSED BY THE LEARNED SINGLE JUDGE IN
WRIT PETITION NO.14133/2008 (LR-RE) AND CONSESQUENTLY
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WA No.1677 of 2019
ALLOW WRIT PETITION NO.14133/2008 (LR-RE), BY SETTING
ASIDE THE ORDER PASSED BY THE RESPONDENT NO.1 IN
CASE NOS.LRF 1574, 1459, 1352:74, 1978:74, 5325:79-80,
3788:76, 4251:76 DATED 04/10/2001 AS PER ANNEXURE-A TO
THE WRIT PETITION CONSEQUENTLY ALLOW THE WRIT
PETITION AS PRAYED FOR BY ALLOWING THIS APPEAL.
THIS APPEAL COMING ON FOR ADMISSION, THIS DAY,
ALOK ARADHE J., DELIVERED THE FOLLOWING:
JUDGMENT
This intra Court appeal arises out of an order
dated 09.04.2019 passed by the learned Single Judge by
which the writ petition preferred by the appellants has
been dismissed.
2. Facts giving rise to filing of this appeal briefly
stated are that the land bearing Sy.Nos.10/1, 139,
116/02, 103, 104 and 105 measuring 2 acres 19
guntas, 3 acres 28 guntas, 2 acres 2 gunas, 1 acre 4
guntas, 2 acres 18 guntas and 1 acre 11 guntas,
WA No.1677 of 2019
respectively, are situated at B.Narayanapura Village,
Krishnarajapuram Hobli, Bangalore East Taluk, were in
possession of one Doddanagappa Reddy. On enactment
of the Mysore (Personal and Miscellaneous) Inams
Abolition Act, 1954 (hereinafter referred to as 'the Inams
Abolition Act'), the lands in question stood vested with
the State Government. It is the case of the appellants
that an application was filed before the Special Deputy
Commissioner, Inams Abolition and on account of
demise of the original applicant namely Doddanagappa
Reddy, his legal representatives continued the
proceeding. It was further pleaded that the Special
Deputy Commissioner, Inams Abolition granted
occupancy rights in favour of children of Doddanagappa
Reddy under Section 5 of the Inams Abolition Act. It
was averred that on account of the aforesaid order, the
legal representative of original grantee continued in
possession. However, subsequently, the appellants
learnt that an order dated 04.10.2001 has been passed
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WA No.1677 of 2019
by the jurisdictional Tahsildar by which names of the
private respondents have been entered in the revenue
records. It was further learnt that certain persons
namely Sriyuths T.Krishnappa, Narayanappa, Kottappa
and Govindappa filed an application in Form No.7
before the Land Tribunal seeking occupancy rights
under Section 48A of the Karnataka Land Reforms Act,
1961 (hereinafter referred to as 'the Act'). It was also
pleaded that their application was allowed by the Land
Tribunal. The appellants thereupon filed a writ petition
seeking to challenge the order dated 04.10.2001. The
respondent Nos.2 to 19 filed their statement of
objections in which inter alia the claim of the appellants
was denied. It was further pleaded that the land has
been granted to them in a proceeding before the Land
Tribunal.
3. The learned Single Judge, by an order dated
09.04.2019 inter alia held that the predecessor in title of
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WA No.1677 of 2019
respondent Nos.2 to 19 are in cultivated possession of
the land since 1966. It was further held that the order
impugned in the writ petition was passed on 04.10.2001
whereas the writ petition was filed on 10.11.2008.
Thus, the learned Single Judge held that the writ
petition suffered from delay and laches and accordingly
the petition has been dismissed. In the aforesaid
factual background, this appeal has been filed.
4. Learned counsel for the appellants submitted
that the Land Tribunal, under the provisions of the Act
has no jurisdiction to pass an order granting occupancy
rights. It was further submitted that the appellants
were not heard before the order was passed by the Land
Tribunal. It has also been pointed out that one
additional survey number was granted in the order of
the Land Tribunal even though the same was not asked
for. In support of aforesaid submission, learned counsel
for the appellant has placed reliance on the decisions of
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WA No.1677 of 2019
the Supreme Court in SHRI KUDLI SRINGERI MAHA
SAMSTHANAM Vs. STATE OF KARNATAKA. 1
5. On the other hand, learned Additional
Government Advocate has supported the order passed
by the learned Single Judge.
6. We have considered the submissions made on
both sides and have perused the record. The lands
which were vested in the State under the provisions of
Inams Abolition Act, also vested in the State
Government on coming into force of Karnataka Land
Reforms (Amendment) Act, 1973. The "other tenants" in
respect of the aforesaid lands were conferred the right
for grant of occupancy rights or to be registered as
tenants. The condition precedent for seeking such a
grant by a tenant was to prove that he was in cultivated
ILR 1992 KAR 1827
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WA No.1677 of 2019
possession of the land as on 1964. The appellants did
not apply under the provisions of the Act, seeking for
occupancy rights. Therefore, their rights, if any, in
respect of the land in question stood extinguished by
virtue of Section 48A(8) of the Act. Respondent Nos.2 to
19 have been in cultivated possession of the land in
question since 1966. In addition, it is pertinent to note
that even though the father of the appellant Nos.2 to 5
was continuously prosecuting the claim and has
contested the matter before the various Courts,
challenged the order registering him as an ordinary
tenant under Section 9A of the Inams Abolition Act, yet
the order dated 04.10.2001 was challenged belatedly
after a period of 7 years. The learned Single Judge has
rightly rejected the writ petition on the ground of delay
and laches.
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WA No.1677 of 2019
For the aforementioned reasons, we do not find
any ground to differ with the view taken by the learned
Single Judge.
In the result, the appeal fails and is hereby
dismissed.
Consequently, the pending interlocutory
application, if any, is also dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
