Karnataka High Court
Nagappa Nayar vs The State Of Karnataka on 14 March, 2023
Bench: Alok Aradhe, Vijaykumar A Patil
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WA No.5101 of 2017
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
PRESENT
THE HON'BLE MR. JUSTICE ALOK ARADHE
AND
THE HON'BLE MR. JUSTICE VIJAYKUMAR A. PATIL
WRIT APPEAL NO.5101 OF 2017 (LR)
BETWEEN:
1. NAGAPPA NAYAR
S/O LATE DURGA NAYAR
SINCE DEAD BY HIS LRS.
a) SMT. LAKSHMI
Digitally
signed by W/O LATE NAGAPPA NAYAR
RUPA V AGED ABOUT 62 YEARS.
Location: High
Court of b) MANJUNATH NAYAR
Karnataka
S/O LATE NAGAPPA NAYAR
AGED ABOUT 33 YEARS.
APPELLANT NO.1(a) & (b) ARE
R/O MEGARVALLI VILLAGE
THIRTHALLI TALUK, SHIMOGA DIST-577 424.
2. SRINIVAS NAYAR
S/O LATE DURGA NAYAR
AGED ABOUT 62 YEARS
NO.114, 3RD CROSS, HMT LAYOUT
GOKUL, 1ST STAGE, 1ST PHASE
BANGALORE-54.
3. MANAPPA NAYAR
S/O LATE DURGA NAYAR
AGED ABOUT 59 YEARS
"DHARITRI" NO.229/46, 6TH MAIN
4TH CROSS, GOKUL, 1ST STAGE
MATHIKERE, BANGALORE-54.
APPELLANTS
(BY SRI. PRANAV KATAGERI, ADV., FOR
SRI. DAYANAND S. PATIL, ADV.,)
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WA No.5101 of 2017
AND:
1. THE STATE OF KARNATAKA
BY ITS SECRETARY
DEPARTMENT OF REVENUE
VIKAS SOUDHA, BANGALORE-560 001.
2. THE LAND TRIBUNAL
THIRTHALLI TALUK, SHIMOGA-DT
REP. BY ITS SECRETARY/TAHASHILDAR.
3. THE TAHASHILDAR
THIRTHALLI TALUK
SHIMOGA-DIST.
4. K.L. KAMANNA GOWDA
S/O LINGAPPA GOWDA
AGED ABOUT 70 YEARS.
5. K.L. DEVAPPA GOWDA
S/O LINGAPPA GOWDA
SINCE DEAD BY HIS LR'S.
a) PRAVEEN
S/O LATE K.L. DEVAPPA GOWDA
AGED ABOUT 40 YEARS.
b) TEJA S/O LATE K.L. DEVAPPA GOWDA
AGED ABOUT 43 YEARS.
6. K.L. DUGAPPA GOWDA
S/O LINGAPPA GOWDA
SINCE DEAD BY HIR LRS.
a) YOGENDRA K D @ BHOJA
S/O LATE K L DUGGAPPA GOWDA
AGED ABOUT 59 YEARS.
b) GOPALAGOWDA K.D.
S/O LATE K L DUGGAPPA GOWDA
AGED ABOUT 58 YEARS.
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WA No.5101 of 2017
c) NARENDRAGOWDA
S/O LATE K.L. DUGGAPPA GOWDA
AGED ABOUT 45 YEARS.
7. K.L. THIMMAPPA GOWDA
S/O LINGAPPA GOWDA
SINCE DEAD BY HIS LRS.
a) SMT. PUTTAMMA
W/O LATE K.L. THIMMAPPA GOWDA
AGED ABOUT 80 YEARS
SINCE DEAD BY HER LRS.
b) SESHAPPA
S/O LATE K L THIMMAPPA GOWDA
AGED ABOUT 59 YEARS.
c) UMESHA
S/O LATE K L THIMMAPPA GOWDA
AGED ABOUT 56 YEARS.
d) RAMESH
S/O LATE K L THIMMAPPA GOWDA
AGED ABOUT 53 YEARS.
e) DINESHA
S/O LATE K L THIMMAPPA GOWDA
AGED ABOUT 50 YEARS.
f) SATISH
S/O LATE K L THIMMAPPA GOWDA
AGED ABOUT 47 YEARS.
8. K.L. BELLAPPA GOWDA
S/O LINGAPPA GOWDA
SINCE DEAD BY HIS LRS.
a) SMT. PRABHAVATHI
W/O LATE KRISHNAMURTHY K L
AGED ABOUT 55 YEARS.
RESPONDENTS NO.4 TO 8 ARE
R/O KEREBAIL, MEGARAHALLI VILLAGE
THIRTHALLI-TALUK, SHIMOGA DIST-577 424.
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WA No.5101 of 2017
9. D. GANAPATHI NAYAR
S/O LATE DURGA NAYAR
SINCE DEAD BY HIS LRS.
a) SMT. VEENA
D/O D. GANAPATHI NAYAR
W/O LATE MANJUNATH NAYAR
AGED ABOUT 50 YEARS.
b) SMT. BABY
D/O D. GANAPATHI NAYAR
W/O KRISHNA NAYAR
AGED ABOUT 48 YEARS.
c) SMT. GEETHA
D/O D. GANAPATHI NAYAR
W/O VISHWANATH NAYAR
AGED ABOUT 46 YEARS.
d) SMT. GUNAVATHI
D/O D. GANAPATHI NAYAR
W/O SEETHARAM NAYAR
AGED ABOUT 44 YEARS.
9(a) TO (d) ARE R/O MEGARVALLI VILLAGE
THIRTHALLI TALUK, SHIMOGA DIST-577 424.
...RESPONDENTS
(BY SMT. NAMITH MAHESH B.G. ADV., FOR R1-R3
R4, R5(a), R5(b), R6(a), R6(c), R7(d), R7(e), R8(a),
R9(a) R(b) SERVED
V/O DTD:4.6.2019 R7(b-f) ARE TREATED AS LR'S OF R7(a)
V/O DTD:15/12/22 NOTICE TO R6(b), R7(b), R7(c) & R7(f), R9(c),
R9(d) ARE HELD SUFFICIENT BY WAY OF PAPER PUBLICATION)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
15/6/2017 PASSED IN THE WRITI PETITION 40486/2012.
THIS APPEAL COMING ON FOR FINAL HEARING, THIS
DAY ALOK ARADHE J., DELIVERED THE FOLLOWING:
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WA No.5101 of 2017
JUDGMENT
This intra Court appeal has been filed against an
order dated 15.06.2017 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 appellants had filed Form No.7 for
grant of occupancy rights in respect of land measuring 5
acres and 38 guntas in Sy.No.235 of Megaravalli Village,
Thirthalli Taluk, Shivamogga District. The application
filed by the appellants was allowed by the Land
Tribunal, by an order dated 3010.1975.
3. After a period of 33 years, the respondent No.9
received a notice sometime in the month of June 2012
on the basis of the joint survey. The Land Tribunal, by
an order dated 02.08.2012, on the basis of the joint
survey, modified the earlier order of grant dated
WA No.5101 of 2017
30.10.1975 and reduced the area of the grant in favour
of the appellants by 34 guntas.
4. The appellants and respondent No.9 thereupon
challenged the aforesaid order dated 02.08.2012 in a
writ petition before the learned Single Judge. The
learned Single Judge, by an order dated 15.06.2017,
has dismissed the writ petition. Hence, this appeal.
5. We have heard the learned counsel for the
parties. Section 122A of the Karnataka Land Reforms
Act, 1961, deals with review by Tribunal. Section 122A
reads as under:
"Review by the Tribunal.--Where the Tribunal,
either suo motu or otherwise, after such enquiry
as it considers necessary is satisfied that an
order under sub-section (1) of section 67 has
been obtained by fraud, misrepresentation, or
suppression of facts or by furnishing false,
incorrect or incomplete declaration, it may,
WA No.5101 of 2017
within a period of two years from the date of
such order or within the 31st day of December,
1995, whichever is later, reopen the case and
pass such order with respect thereto as it thinks
fit: Provided that no such order shall be made
except after giving the person likely to be
affected thereby a reasonable opportunity of
being heard."
6. From perusal of the aforesaid provision, it is
evident that the Tribunal could have reviewed the order
passed by it on or before 31.12.1995. In the instant
case, the power of review has been exercised dehors
Section 122A of the Act. In any case, even inherent
power of review has to be exercised within a reasonable
time. In the instant case, no cogent reasons have been
assigned for exercising the same after an inordinate
delay of 33 years. However, this aspect of the matter
has not been appreciated by the learned Single Judge.
Therefore, order dated 15.06.2017 passed by the
learned Single Judge in W.P. No.40486/2012 is set
WA No.5101 of 2017
aside. Order dated 02.08.2012 passed by the Land
Tribunal is quashed.
In the result, appeal is allowed.
Consequently, the pending interlocutory
application is also disposed of.
Sd/-
JUDGE
Sd/-
JUDGE
RV
