Karnataka High Court
Muniyamma vs The Special Deputy Commissioner on 14 November, 2024
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WA No. 1296 of 2018
C/W WP No. 6165 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF NOVEMBER, 2024
PRESENT
THE HON'BLE MRS JUSTICE ANU SIVARAMAN
AND
THE HON'BLE MR JUSTICE UMESH M ADIGA
WRIT APPEAL NO. 1296 OF 2018 (SCST)
C/W
WRIT PETITION NO. 6165 OF 2021(SCST)
IN WA No. 1296 OF 2018
BETWEEN:
1. MUNIYAMMA,
W/O LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA,
AGED ABOUT 56 YEARS,
2. MUNIRATHNAMMA,
D/O. LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA,
AGED ABOUT 43 YEARS,
3. CHIKKADASAMMA,
D/O. LATE BADAGIYAPPA
Digitally signed by KORLAHALLI
BHARATHIDEVIKRISHNACHARYA
Location: HIGH COURT OF
@ MUNI BADAGIYAPPA,
KARNATAKA
AGED ABOUT 39 YEARS,
4. MUNIRAJU,
S/O LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA,
AGED ABOUT 38 YEARS,
5. VENKATAMMA,
D/O. LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA
AGED ABOUT 34 YEARS,
6. MUNIYAPPA,
S/O LATE BADAGIYAPPA
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WA No. 1296 of 2018
C/W WP No. 6165 of 2021
@ MUNI BADAGIYAPPA,
SINCE DEAD BY LR'S
6(a) SMT.GANGABHAVANI
W/O LATE MUNIYAPPA
AGED ABOUT 32 YEARS,
7. KANTHARAJU,
S/O LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA
AGED ABOUT 29 YEARS,
8. MANJUNATHA,
S/O LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA
AGED ABOUT 27 YEARS,
9. GOWRAMMA,
D/O LATE BADAGIYAPPA
@ MUNI BADAGIYAPPA
AGED ABOUT 24 YEARS,
ALL ARE R/A NO.113,
BAIRATHIHALLI VILLAGE,
BIDARAHALLI HOBLI,
DODDAGUBBI POST,
BENGALURU EAST TALUK,
BENGALURU-560 077.
...APPELLANTS
(BY SRI. C. RAVI KUMAR, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
BENGALURU DISTRICT
BENGALURU-560 009.
2. THE ASST. COMMISSIONER,
BENGALURU NORTH SUB DIVISION
DR.AMBEDKAR ROAD,
VIDHANA VEEDHI,
BENGALURU-560 001.
3. SRI. P.C. THAMPI
S/O CHANDY,
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WA No. 1296 of 2018
C/W WP No. 6165 of 2021
AGE:MAJOR,
R/AT NO.31,
SIDDARAMAPPA GARDENS,
SAINT THOMAS TOWN POST,
LINGARAJAPURAM,
BENGALURU-560 084.
4. SMT. SHOBHA,
D/O LATE CHINNAPPA,
AGED ABOUT 43 YEARS,
5. SMT. BHAGYA,
D/O LATE CHINNAPPA,
AGED ABOUT 41 YEARS,
6. SMT. KATAMMA
W/O LATE CHINNAPPA,
AGED ABOUT 65 YEARS,
R-4 TO R-6 ARE
RESIDING AT NO.599,
NEAR NOORANI MOSQUE,
GUNDUTHOPU,
HENNUR VILLAGE,
BENGALURU- 560 043.
PRESENTY AT:
NO.44, 2ND CROSS, 6TH MAIN,
MARUTHI ENCLAVE,
BYRATHI, KOTHANUR POST,
BENGALURU- 5460 077.
7. VENKATAMMA
D/O MUNIYAPPA
AGED ABOUT 67 YEARS,
R/O HANDRAHALLI,
BUDIGERE,
BANGALORE RURAL,
KARNATAKA- 562 129.
8. NARAYANAMMA
C/O RAMANJI V,
AGED ABOUT 47 YEARS,
R/AT NO.74, DODDAHULLUR,
JODIDASARAHALLI,
HOSKOTE DISTRICT,
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BANGALORE RURAL
KARNATAKA-562 114.
9. SRINIVASA V
C/O VENKATAPPA,
AGED ABOUT 44 YEARS,
R/O DEVANAHALLI TALUK,
HANDRAHALLI, BANGALORE RURAL,
KARNATAKA- 562 129.
10. MUNIRATHNAMMA
W/O MARAPPA
AGED ABOUT 40 YEARS,
R/AT NO.103,
KYALASANAHALLIKOTHANUR,
BANGALORE NORTH,
DR. SHIVARAMA
KARANTH NAGAR,
BANGALORE- 560 077.
11. SHASHIKALA V
W/O MUNIRAJA M
AGED ABOUT 37 YEARS
R/AT NO.1554, 10TH CROSS,
NEAR KARUMARAMMA TEMPLE,
KALYAN NAGAR T DASARAHALLI,
BANGALORE NORTH,
DASARAHALLI,
BANGALORE,
KARNTAKA- 560 057.
12. MAMATHA
W/O NAGESH
AGED ABOUT 36 YEARS
R/AT NO.130, SURADENUPURA,
SURADENPURA,
ARADESHANAHALLI,
BANGALORE- 562 110.
13. VENKATAMMA
D/O MUNIYAPPA
AGED ABOUT 62 YEARS,
R/O MADAGALAMMA BEEDI,
BUDIGERE, BUDIGERE,
BANGALORE RURAL,
KARNATAKA- 562 129.
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14. ANANDA RUTI,
W/O NARASIMHA MURTHY N
AGED ABOUT 54 YEARS,
R/AT NO.152, HENNURU VILLAGE,
BANGALORE, KALYANANAGAR,
KARNATAKA- 560 043.
15. SUBRAMANI
S/O MUNIKADIRAPA
AGED ABOUT 53 YEARS,
R/O MADAGALAMMA STREET,
BUDIGERE, BUDIGERE,
BANGALORE RURAL,
KARNATAKA- 562 129.
16. M MUDAMMA
D/O MUNIKADIRAPPA,
AGED ABOUT 50 YEARS,
R/O HOSKOTE TALUK,
KANNURAHALLI,
DODDAGATTIGANABBE,
BANGALORE RURAL- 562 114.
17. RAJAMMA
W/O NARASIMHA MURTHY
AGED ABOUT 47 YEARS
R/AT NO.123, CHIKKAGUBBI RAOD,
BIDHARAHATTI HOBLI,
DODDAGUBBI,
BANGALORE SOUTH,
BANGALORE
KARNATAKA- 562 149.
...RESPONDENTS
(BY SRI. VIKAS RAJIPURA,AGA FOR R1 AND R2,
VIDE ORDER DATED 27/08/2024,
SERVICE OF NOTICE TO R3 IS HELD SUFFICIENT,
SRI. K.R. RAMESH, ADVOCATE FOR R4 TO R6,
SRI. NATARAJA BALLAL, ADVOCATE FOR R7 TO R17)
THIS WRIT APPEAL IS FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED BY HON'BLE SINGLE JUDGE IN WP NO.
39144/2011 [SC/ST] DATED 1/3/2018 IN DISMISSING THE WRIT
PETITION AND TO ALLOW THE APPEAL.
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WA No. 1296 of 2018
C/W WP No. 6165 of 2021
IN WP NO. 6165 OF 2021
BETWEEN:
1. SRI.E.KRISHNAIAH,
S/O. LATE B.ERAPPA,
AGED ABOUT 63 YEARS,
2. SRI. M ASHWATH,
S/O MUNIYAPPA,
AGED ABOUT 50 YEARS,
3. SRI. N NAGARAJU,
S/O LATE NARAYANAPPA,
AGED ABOUT 37 YEARS,
4. SRI. B.M. PARAMESH,
S/O MYLARAPPA,
AGED ABOUT 41 YEARS,
ALL ARE RESIDING AT:
A.K. COLONY,
DODDA BANASAWADI,
BENGALURU -560 043.
...PETITIONERS
(BY SRI. KARUNAKARA P.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS
SECRETARY TO GOVERNMENT,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
DR. B.R. AMBEDKAR VEEDHI,
BENGALURU- 560 001.
2. THE SPECIAL DEPUTY COMMISSIONER
K G ROAD,
BENGALURU URBAN DISTRICT,
BENGALURU 560 009.
3. THE ASSISTANT COMMISSIONER,
BENGALURU NORTH SUB DIVISION,
DR B R AMBEDKAR ROAD,
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BENGALURU-560 001.
4. THE TAHASILDAR
K R PURAM,
BENGALURU EAST TALUK.
5. SMT. SHOBHA
D/O LATE CHINNAPPA
AGED ABOUT 43 YEARS,
6. SMT. BHAGYA,
D/O LATE CHINNAPPA,
AGED ABOUT 41 YEARS,
7. SMT. KATAMMA
W.O LATE CHINNAPPPA,
AGED ABOUT 65 YEARS,
RESPONDENTS NO.5 TO 7 ARE
R/AT NO.599,
NEAR NOORANI MOSQUE,
GUNDUTHOPU,
HENNUR VILLAGE,
BENGALURU- 560 043.
PRESENTY AT:
NO.44, 2ND CROSS, 6TH MAIN,
MARUTHI ENCLAVE,
BYRATHI, KOTHANUR POST,
BENGALURU- 5460 077.
...RESPONDENTS
(BY SRI. VIKAS RAJIPURA, AGA FOR R1 TO R4,
SRI. K. R. RAMESH, ADVOCATE FOR R5 TO R7)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE
THE ORDER OF THE R-2 , PASSED IN SC AND ST
NO.SC.ST(A)24/2002-03 DTD 14.09.2009, IN SO FAR AS THE
RESUMPTION OF THE SCHEDULE PROPERTY IN FAVOUR OF THE
GOVERNMENT VIDE ANNX-A AND ETC.,
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WA No. 1296 of 2018
C/W WP No. 6165 of 2021
THIS APPEAL AND PETITION, COMING ON FOR ORDERS,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE ANU SIVARAMAN
and
HON'BLE MR JUSTICE UMESH M ADIGA
ORAL JUDGMENT
(PER: HON'BLE MRS JUSTICE ANU SIVARAMAN)
We have heard the learned counsel appearing for the
matter.
2. The factual matrix with regard to the dispute
involved in this writ petition is with regard to the right of
presumption of the property under the provisions of the
Karnataka Scheduled Castes and Scheduled Tribes
(Prohibition of Transfer of Certain Lands) Act, 1978 (for short
'Act 1978').
3. The land in question was 2 acres in survey
No.134 (old No.28) of Bhairathi village, Bidarahalli Hobli,
Bengaluru East Taluk.
4. The appellants before us, who were the
petitioners in the writ petition claim to be the legal heirs of
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the deceased grantee i.e., Badagiyappa @ Muni
Badagiyappa. It is submitted that though orders had been
passed directing the resumption of the land to the legal heirs
of the original grantee Badagiyappa, there were several
claims raised before the authorities as to who the real
grantee was and as to who has the legal heirs of the original
grantee was entitled to presumption of the land in question.
The Deputy Commissioner after considering the request
found that there were several claims raised for resumption
by persons claiming to be legal heirs of the original grantee.
In the said circumstances, exercising the power under
Section 5 (1) (b) of the Act, 1978, the Deputy Commissioner
found that it was impossible to find who are the real legal
heirs, entitled to presumption and therefore directed the
resumption of the land which is regarding free from all
encumbrances.
5. The matter was taken up in the writ petition and
the learned Single Judge after considering the contentions
advanced found that in view of the fact that there were
several claimants and it is not possible to find out who are
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the legal heirs of the original grantee, the order of the
Deputy Commissioner was perfectly legal and valid. It is
submitted by the learned counsel appearing before us that
there are proceedings pending before the Civil Court with
regard to right of resumption and that the matter has been
considered with regard to the succession of the property. It
is further contended that the proceedings are pending before
the Tahsildar as well.
6. Having considered the contentions advanced and
in view of the findings of respondent No.1 - Deputy
Commissioner in the order impugned before the learned
Single Judge and in the light of the provisions under Section
5 (1) (b) of the Act 1978, we are of the opinion that no
interference is called for in this intra- court appeal. The writ
appeal is therefore dismissed. However, we make it clear
that we have not expressed any opinion on the merits of the
claims made by the parties, which can be agitated in
appropriate proceedings in accordance with law.
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All the contentions are left open.
In view of the judgment passed in WA.No.1296/2018,
WP.No.6165/2021 does not survive for consideration and the
same stands dismissed.
Sd/-
(ANU SIVARAMAN)
JUDGE
Sd/-
(UMESH M ADIGA)
JUDGE
AG
