Karnataka High Court
M/S Telecom Employees ... vs Sri E S Krishna on 27 February, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
-1-
WA No.6401 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF FEBRUARY 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A PATIL
WRIT APPEAL NO.6401 OF 2017 (LR)
BETWEEN:
1. M/S TELECOM EMPLOYEES CO-OPERATIVE
HOUSING SOCIETY LTD.,
Digitally OFFICE AT NO.23, IST FLOOR,
signed by NEHRU NAGAR MAIN ROAD,
RUPA V SHESHADRIPURAM,
Location: BANGALORE-560 020
High Court
of Karnataka REPRESENTED BY ITS AUTHORIZED SIGNATORY
SRI.C.V.MANJUNATHA.
...APPELLANT
(BY SRI. K.K. VASANTH, ADV.,)
AND:
1. SRI. E.S. KRISHNA
AGED ABOUT 57 YEARS
S/O LATE EMBAR SRINIVASACHAR.
2. SRI E.S. SRISHAILAN
AGED ABOUT 59 YEARS
S/O LATE EMBAR SRINIVASACHAR.
RESPONDENTS NO.1 & 2
R/OF NO.22, SHESHADRI ROAD,
GANDHINAGAR, BENGALURU-560009.
CHIKKARASAPPA
SINCE DECEASED BY HIS LRS.
-2-
WA No.6401 of 2017
3. SRI. CHIKKAPATALAPPA
SINCE DECEASED BY HIS LRS
(AS PER ORDER DATED 2.9.2021).
3(a) SMT. RAMAKKA
AGED ABOUT 51 YEARS
D/O LATE CHIKKAPATALAPPA.
3(b) SRI. RAMESH
AGED ABOUT 49 YEARS
S/O LATE CHIKKAPATALAPPA.
3(c) SRI. SIDDESH
AGED ABOUT 41 YEARS
S/O LATE CHIKKAPATALAPPA.
3(d) SRI. SHIVA KUMAR
AGED ABOUT 38 YEARS
S/O LATE CHIKKAPATALAPPA.
THE RESPONDENTS R3(a) TO R3(d) ARE
R/O BETTANAHALLI VILLAGE
KUNDANA HOBLI, DEVANAHALLI TALUK
BENGALURU RURAL DISTRICT - 562 110.
4. THE LAND TRIBUNAL
BY ITS SECRETARY, DEVANAHALLI,
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562110.
...RESPONDENTS
(BY SRI. K. CHANDRANATH ARIGA, ADV., FOR R1 & R2
SMT. NAMITHA MAHESH B.G. AGA FOR R4
PROPOSED R3(a), R2(b), R3(c) & R3(d) SERVED)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
30/11/2011 IN WP 2538/2003 PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HON'BLE COURT AND ALLOW THIS
WRIT APPEAL.
THIS APPEAL COMING ON FOR PRELIMINARY HEARING,
THIS DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:
-3-
WA No.6401 of 2017
JUDGMENT
This intra Court appeal has been filed against an
order dated 30.11.2011 passed by the learned Single
Judge by which the writ petition preferred by the
respondent Nos.1 and 2 has been allowed and order
dated 05.10.2002 passed by the Land Tribunal has been
quashed. In order to appreciate the grievance of the
appellants, relevant facts need mention which are stated
infra.
2. The subject matter of this appeal is land bearing
Sy.No.150 measuring 4 acres and 38 cents and
Sy.No.151 measuring 5 acres situated at Bettenahalli
Village, Kandana Hobli, Devahanalli Taluk, Bangalore
Rural District. The father of respondent No.3 namely
Chikkarasappa submitted an application in Form No.7
under the provisions of the Karnataka Land Reforms
Act, 1961 (hereinafter referred to as 'the Act') seeking
occupancy rights in respect of the land in question. The
WA No.6401 of 2017
Tribunal, by an order dated 21.10.1981, granted
occupancy rights. The order passed by the Land
Tribunal was challenged in a writ petition namely
W.P.No.3893/1983 which was allowed by an order
dated 03.01.1985 and the matter was remitted to the
Land Tribunal. Thereafter, the Land Tribunal, by an
order dated 05.10.2002, granted occupancy rights.
Thereupon, a writ petition namely W.P.No.2538/2003
was filed by respondent Nos.1 and 2, in which the order
passed by the Land Tribunal was challenged. During
the pendency of the writ petition, the appellant namely
Telecom Employees Co-operative Housing Society
(hereinafter referred to as 'the Society') purchased the
land in question.
3. Thereafter, the Society entered into a
confirmation deed with its vendor on 05.08.2003. In the
aforesaid confirmation deed, it was averred that the
appellant was aware of the litigation between the
WA No.6401 of 2017
parties. The said writ petition was allowed by the
learned Single Judge. In the aforesaid factual
background, this appeal has been filed.
4. Learned counsel for the appellant submitted
that the learned Single Judge ought to have appreciated
that the lands in question were agricultural lands and
therefore, the learned Single Judge grossly erred in
setting aside the order passed by the Land Tribunal.
5. On the other hand, learned counsel for the
respondent Nos.1 and 2 submitted that the land bearing
Sy.Nos.150 and 151 were not agricultural lands and the
original respondent No.1 was not a tenant in respect of
the land in question. It is further submitted that the
appellant who was fully aware of the litigation pending
between the parties, has purchased the land and has
stepped into the shoes of the person who is claiming to
be a tenant seeking occupancy rights. It is further
WA No.6401 of 2017
submitted that the order passed by the learned Single
Judge does not call for any interference.
6. We have considered the submissions made on
both sides and have perused the record. On the basis of
material available on record, it is evident that in a
survey, it was found that on the land in question the
crops are not grown and the land in question is a dry
land. The land was being used for growing casuarina
trees. From the material available on record, it is
evident that the original respondent No.1 has failed to
establish that he was in cultivating possession of the
land on the relevant date i.e. 01.03.1974. There is no
material on record to show that the respondent Nos.1
and 2 were however inducted as tenants and were in
cultivating possession of the land in question as on
01.03.1974. Apart from this, it is relevant to mention
that the appellant - Society was aware about the
litigation pending between the parties and
WA No.6401 of 2017
notwithstanding the pendency of the litigation, the
Society has purchased the land. The Society cannot get
into the shoes of the person who is claiming to be
tenant and is seeking occupancy rights.
For the aforementioned reasons, we agree with the
conclusion arrived at by the learned Single Judge.
In the result, we do not find any merit in the
appeal. The same fails and is hereby dismissed.
Consequently, the pending interlocutory
applications are also dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
RV
