Writ Petition No. 19755 of 2013 · The High Court
Case Details
- 1 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 19755 OF 2013 (KLR-LG) WRIT PETITION NO. 48032 OF 2012 (KLR-LG) C/W IN WP No. 19755/2013 BETWEEN: SRI. ASHWATH KUMAR S/O LATE SIDDARAMAPPA AGED ABOUT 36 YEARS AGRICULTURIST R/O OLD MALALI VILLAGE HONNALI TALUK-577 216. DAVANAGERE DISTRICT Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA (BY SRI. G. LAKSHMEESH RAO, ADVOCATE) AND: 1. 2. 3. THE TAHSILDAR HONNALI TALUK, HONNALI-577 217. DAVANAGERE DISTRICT. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE-577 006. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577 006. …PETITIONER - 2 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 4. 5. 5(A) 5(B) 5(C) THE STATE OF KARNATAKA BY ITS SECRETARY TO THE DEPARTMENT OF REVENUE VEEDANA VEEDHI BANGALORE-560 001. BASAVARAJAPPA S/O KARIBASAPPA SINCE DECEASED BY HIS LRs
Legal Reasoning
SMT. BANDAMMA W/O LATE BASAVARAJAPPA AGED 57 YEARS NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANAGERE DIST-577 216. SRI. MALLIKARJUNA S/O LATE BASAVARAJAPPA AGED ABOUT 39 YEARS R/AT NO. 151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANAGERE DIST-577 216. SMT. SUNITHA .G.B W/O SATHISHAPPA AGED ABOUT 35 YEARS R/AT SYDERAKALLAHALLI VILLAGE SYDERA KALLAHALLI POST BHADRAWATHI TALUK SHIMOGA DIST.-577 243. 5(D) SRI. RUDRESHA S/O LATE BASAVARAJAPPA AGED ABOUT 37 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK - 3 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 DAVANAGERE DIST.-577 216. 5(E) SMT. RAJESHWARI W/O RAMESHAPPA AGED YEARS R/AT AREHALLI VILLAGE BASAVANAHALLI POST NYAMATHI TALUK DAVAYERE DIST.-577 216. 6. 7. 8. 9. SMT.GIRIJAMMA W/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577216. DAVANAGERE DISTRICT. SRI. SURESH S/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577 216. DAVANAGERE DISTRICT. SMT. KARIBASAMMA D/O LATE KARIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577 216. DAVANAGERE DISTRICT. SMT.KAVITA D/O LATE KRIYAPPA MAJOR HOSAMALALI VILLAGE HONNALI TALUK-577 216. DAVANAGERE DISTRICT. [CAUSE TITLE AMENDED V/O/D 20.03.2025] …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R4; - 4 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 SRI. A. NAGARAJAPPA, ADVOCATE FOR R5; SRI. PRABHAKAR L. SHETTY, ADVOCATE FOR R6 TO R9) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE IMPUGNED ORDER DATED 9.8.2012 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN REV. PETITION NO.65 & 66/2003 VIDE ANNEXURE-A AND THE ORDER DATED 13.11.2002 PASSED BY THE DEPUTY COMMISSIONER IN CASE NO. 373:2001-02, UL No. CR-374:2001-02 AS PER ANNEXURE- B AND THE ORDER DATED 10.9.2001 PASSED BY THE R-2 ASSISTANT COMMISSIONER IN CASE NO. R.U.A.4/2000-01 AS PER ANNEXURE-C AND THE ORDER DATED 7.7.2000 PASSED BY THE R-1 TAHASILDAR IN CASE NO. LND.CR.17:1998-99 AS PER ANNEXURE-D IN RESPECT OF 3 ACRES OF LAND IN SY.NO.44 OF MALALI VILLAGE, HONNALI TQ., DAVANAGERE DISTRICT AND CONFIRM TEHE ORDER OF GRANT MADE BY THE TAHASILDAR ON 31.5.1983. IN WP NO. 48032/2012 BETWEEN: 1. SRI BASAVARAJAPPA S/O KARIBASAPPA SINCE DECEASED BY HIS LRs 1(A) 1(B) SMT. BANDAMMA W/O LATE BASAVARAJAPPA AGED 57 YEARS NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANAGERE DIST-577 216. SRI. MALLIKARJUNA S/O LATE BASAVARAJAPPA AGED ABOUT 39 YEARS R/AT NO. 151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANAGERE DIST-577 216. - 5 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 1(C) 1(D) 1(E) SMT. SUNITHA .G.B W/O SATHISHAPPA AGED ABOUT 35 YEARS R/AT SYDERAKALLAHALLI VILLAGE SYDARA KALLAHALLI POST BHADRAVATHI TALUK SHIMOGA DIST.-577 243. SRI. RUDRESHA S/O LATE BASAVARAJAPPA AGED ABOUT 37 YEARS R/AT NO.151, NEAR KARIYAMMA TEMPLE MALALI VILLAGE, ADONAHALLI POST GOVINAKERE HOBLI, HONNALI TALUK DAVANAGERE DIST.-577 216. SMT. RAJESHWARI W/O RAMESHAPPA AGED YEARS R/AT AREHALLI VILLAGE BASAVANAHALLI POST NYAMATHI TALUK DAVAYERE DIST.-577 216. (BY SRI. A. NAGARAJAPPA, ADVOCATE) AND: 1. 2. 3. THE DEPUTY COMMISSIONER DAVANAGERE DISTRICT DAVANAGERE-577001. THE ASSISTANT COMMISSIONER DAVANAGERE SUB-DIVISION DAVANAGERE CITY DAVANAGERE-577001. THE TAHSILDAR TALUK OFFICE, HONNALI TALUK DAVANAGERE DISTRICT ...PETITIONERS - 6 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 DAVANAGERE-577001. 4. SRI ASHWATHKUMAR S/O SIDDAMAPPA AGED ABOUT 45 YEARS HALE MALALI VILLAGE HONNALI TALUK, DAVANAGERE DISTRICT DAVANAGERE-577217. 5. SRI KARIYAPPA S/O BYRAPPA SINCE DECEASED BY LRs 5(A) 5(B) SMT. GIRIJAMMA W/O LATE KARIYAPPA AGED ABOUT 70 YEARS HOSAMALALI VILLAGE, GOVINKOVI HOBLI HADONAHALLI POST, HONNALI POST HONNALI TALUK DAVANAGERE DISTRICT-577216. SRI. SURESH S/O LATE KARIYAPPA AGED ABOUT 54 YEARS R/AT HOUSE NO. 181/0, DEEPAK NIVAS KONONDASPURA PRERANA HIGH SCHOOL ROAD DEEPAK NAGAR POST BENGALURU-560049. 5(C) SRI. KARIBASAMMA W/O HANUMANTHAPPA AGED ABOUT 45 YEARS BHANUVALLI VILLAGE AND POST HARIHARA TALUK DAVANAGERE DISTRICT-577516. 5(D) SMT. KAVITHA W/O RAMESHAPPA AGED ABOUT 35 YEARS MANGOTE VILLAGE - 7 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 SANYASI KODAMAGGE POST BHADRAVATHI TALUK SHIVAMOGGA DISTRICT-577 243. [CAUSE TITLE AMENDED V.O.D 20.03.2025] ...RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SRI. G. LAKSHMEESH RAO, ADVOCATE FOR R4; SRI. PRABHAKAR L. SHETTY, ADVOCATE FOR R5(A TO D)) THIS WP FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 09.08.2012 PASSED BY THE KARNATAKA APPELLATE TRIBUNAL IN RP 25/03 VIDE ANNEXIURE-J AND ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER 1. An extent of 3 acres of land in Sy.No.44 of Malali village, Honnali Taluk is the subject matter of these Writ Petitions. 2. These facts are not in dispute. 3. On 12.11.1982, the Land Grant Committee recommended grant of 3 acres of land to - 8 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 A.G.Siddaramappa on the ground that he had lost his lands due to submersion. 4. On 31.05.1983, on the basis of the recommendation, the Thasildar granted 3 acres of land to A.G.Siddaramappa and revenue entries were also mutated. 5. However, on 07.10.1985, the grant made in favour of A.G.Siddaramappa was cancelled when it was challenged by Basavarajappa (respondent No.5) and Kariyappa (husband of respondent No.6). 6. This order of cancellation was also confirmed by the Deputy Commissioner. The Karnataka Appellate Tribunal (KAT), however, set aside this order on 25.02.1988 and remanded the matter to the Assistant Commissioner. 7. On 05.03.1991, the Assistant Commissioner, on remand, proceeded to reject the claim of A.G.Siddaramappa and this was also confirmed by - 9 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 the Deputy Commissioner on 05.06.1997. Consequently, W.P. No.23104/1997 was filed by A.G.Siddaramappa and this Writ Petition was allowed on 26.08.1997 and the matter was once again remanded to Assistant Commissioner. 8. The Assistant Commissioner, by an order dated 26.06.1999 remanded the matter to the Thasildar. On remand, the Thasildar proceeded to reject the claim of the petitioner and proceeded to grant 1 acre 20 guntas of land in favour of Kariyappa. 9. The said order was challenged by the petitioner as well as by Basavarajappa S/o. Karibasappa before the Assistant Commissioner. The Assistant Commissioner, by an order dated 10.09.2001 proceeded to confirm the order of grant of 1 acres 20 guntas in favour of Kariyappa. He also came to the conclusion that Basavarajappa was in possession of 10 guntas of land and he, accordingly, proceeded to grant only an extent of 10 guntas of land in favour of - 10 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 Basavarajappa. In fact, the reasoning of the Assistant Commissioner are in the following terms – “«ªÁ¢vÀ d«Ää£À §UÉÎ ¢£ÁAPÀ 21-6-2001gÀAzÀÄ ¸ÀܼÀ vÀ¤SÉAiÀÄ£ÀÄß UÁæªÀįÉPÁÌ¢üPÁj, ªÀļÀ¯Éà EªÀgÀ ¸ÀAUÀqÀ ªÀiÁqÀ¯ÁVzÉ. «ªÁ¢vÀ d«ÄãÀÄ gÀ¸ÉÛAiÀÄ ¥ÀPÀÌzÀ°èzÀÄÝ ¨sÀÆ«ÄAiÀÄ PÉ®ªÀÅ ¨sÁUÀ §AqÉUÀ½AzÀ PÀÆrgÀÄvÀÛzÉ. «ªÁ¢vÀ d«ÄãÀÄ ¥ÀPÀÌzÀ°è ²æà §¸ÀªÀgÁd¥Àà ©£ï PÀj§¸À¥Àà EªÀgÀ d«ÄãÀÄ EzÀÄÝ, «ªÁ¢vÀ d«Ää£À°è F »AzÉ ²æà PÀjAiÀÄ¥Àà ©£ï ¨ÉÊgÀ¥Àà EªÀgÀÄ ¨sÀvÀÛzÀ ¨É¼ÉAiÀÄ£ÀÄß ¨É¼É¢gÀĪÀÅzÀÄ w½zÀħA¢zÉ. ²æà C±ÀéxÀÀPÀĪÀiÁgÀ EªÀgÀÄ ¸ÀĪÀiÁgÀÄ ªÀµÀðUÀ½AzÀ F «ªÁ¢vÀ d«ÄãÀ£ÀÄß ¸ÁUÀĪÀ½ ªÀiÁr®èªÉAzÀÄ «ZÁgÀuɬÄAzÀ w½zÀħA¢zÉ. F d«Ää£À°è PÉêÀ® 0-10 JPÀgÉ d«ÄãÀ£ÀÄß ²æà §¸ÀªÀgÁd¥Àà EªÀgÀÄ ¸ÁUÀĪÀ½ ªÀiÁrzÀÄÝ G½zÀ ¨sÀÆ«ÄAiÀÄ£ÀÄß ²æà PÀjAiÀÄ¥Àà EªÀgÀÄ ¸ÁUÀĪÀ½ ªÀiÁqÀÄwÛzÁÝgÉ. ªÉÄð£À CA±ÀUÀ¼À£ÀÄß ¥ÀjUÀt¹ F PɼÀV£ÀAvÉ DzÉñÀ ªÀiÁqÀ¯ÁVzÉ.” 10. Being aggrieved by this, both A.G.Siddaramappa as well as Basavarajappa preferred appeals to the Deputy Commissioner. The Deputy Commissioner, however, by an order dated 13.11.2002 dismissed both the appeals. 11. As a consequence, A.G.Siddaramappa and Basavarajappa preferred a Revision to the KAT and the KAT, by the impugned order, dismissed the Revision filed by A.G.Siddaramappa. It also - 11 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 proceeded to dismiss the Revision filed by Basavarajappa and, in fact, it proceeded to set aside the grant of 10 guntas that was made in favour of Basavarajappa. 12. It may be pertinent to state here that the names of the original grantees are mentioned in this order, though are no more and it is their legal representatives were prosecuting the proceedings. 13. It is as against this order of cancellation of grant made in favour of A.G.Siddaramappa, his son is before this Court. Similarly, challenging the cancellation of 10 guntas of land granted in favour of Basavarajappa, his legal representatives have also filed W.P. No.48032/2021. 14. The KAT has basically rejected the claim of A.G.Siddaramappa on two grounds, firstly, that the endorsement that was relied upon by A.G.Siddaramappa, which was issued by the - 12 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 Assistant Executive Engineer to show that his lands were submerged could not be accepted, since in the subsequent partition in the year 2001 the very same lands were also the subject matter of partition between his wife and his other family members. The Tribunal has observed that in the absence of the entire extent of the land in question would be improper to concur with the assertion of A.G.Siddaramappa that his lands had been submerged. Secondly, the Tribunal has also found that it could not rely upon the Gazette Notifications which are produced to show that the lands of A.G.Siddaramappa were submerged because in the cultivator’s column his name is not indicated and there were also no records to establish that compensation had been paid. 15. In respect of the claim of Basavarajappa, it has found that he was not entitled for grant of 10 guntas of land since he was already in possession of certain - 13 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 lands and if they were taken into consideration, it would exceed five acres of land that is provided for as a ceiling in Land Grant Rules. 16. At the outset, it must be stated here that when the concerned Land Acquisition Officer had issued an endorsement that A.G.Siddaramappa had lost his lands due to submersion, the KAT could not have gone into the question as to whether A.G.Siddaramappa had actually lost his land due to submersion. 17. The KAT could not have microscopically examined as to whether all the portion of the lands of A.G.Siddaramappa were submerged when the competent Authority had issued an endorsement that the applicants’ lands were submerged. The KAT as well as the granting authorities were bound by the said certificates. - 14 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 18. It must also be pertinent to state here that Gazette Notifications were produced to indicate that the lands of A.G.Siddaramappa had been submerged. In fact, even before this Court revenue records are produced to indicate that A.G.Siddaramappa had indeed last lands due to submersion. If A.G.Siddaramappa had lost lands, it cannot be dispute that under the Land Grant Rules, he would be eligible for the granted land on the ground that he is displaced person. However, this aspect of the matter has not been considered in proper perspective. 19. It must be pertinent to state here that the grant made in favour of Kariyappa i.e., in respect of 1 acre 20 guntas cannot be disturbed because Kariyappa is stated to belong to Scheduled Caste and Scheduled Tribe was also a landless person and in that view of the matter, the claim of Kariyappa to the extent of 1 acre 20 guntas stands on higher footing as compared to the claim of either A.G.Siddaramappa or - 15 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 Basavarajappa. Consequently, the Tribunal was justified in confirming his land. 20. However, in respect of 10 guntas, having regard to the fact that the Assistant Commissioner after spot inspection had concluded that Basavarajappa was in possession of 10 guntas of land, the Tribunal could not have set aside this extent of 10 guntas of land. 21. It is also to be noticed here that this 10 guntas of land was abutting the land that was already owned by Basavarajappa and, therefore, this grant of 10 guntas for better cultivation of Basavarajappa cannot be found fault with. Consequently, to this extent, the order of the KAT setting aside the grant made in favour of Basavarajappa cannot be sustained and consequently, W.P. No.48032/2012 is allowed and the extent of 10 guntas granted in favour of Basavarajappa as per the order of the Assistant Commissioner is confirmed. - 16 - NC: 2025:KHC:16400 WP No. 19755 of 2013 C/W WP No. 48032 of 2012 22. Insofar as the remaining extent of 1 acre 10 guntas, in the light of the aforementioned fact that A.G.Siddaramappa had, in fact, lost his land due to submersion and this was evidenced not only by the endorsement issued by the SLAO, but also by the Gazette Notifications, in my view, it would be just and proper to direct the Authorities to grant A.G.Siddaramappa or his legal representatives this remaining extent of 1 acre 20 guntas in Sy.No.44, Accordingly, the Writ Petition filed by the legal representatives of A.G.Siddaramappa in W.P. No.19755/2013 is allowed to this extent. 23. In view of the disposal of the petition, all pending
Decision
interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE HNM List No.: 1 Sl No.: 92