Writ Petition No. 32726 of 2013 · The High Court
Case Details
- 1 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 32726 OF 2013 (KLR-LG) C/W WRIT PETITION NO. 31725 OF 2016 (KLR-LG) IN WP No. 32726/2013 BETWEEN: SRI MUNIRAJU AGED ABOUT 56 YERS S/O SRI MUNIYAPPA R/AT MYLASANDRA VILLAGE BANGALORE. (BY SMT. ANUSHA .A, ADVOCATE FOR SRI. A. MADHUSUDHANA RAO, ADVOCATE) …PETITIONER Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA AND: 1. THE STATE OF KARNATAKA REPRESENTED BY SECRETARY REVENUE DEPARTMENT M S BUILDING, BANGALORE. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE. 3. THE THASILDAR BANGALORE SOUTH TALUK BANGALORE. - 2 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 4. THE KARNATAKA POWER TRANSMISSION COMPANY LIMITED KAUVERI BHAVAN BANGALORE REP. BY ITS MANAGING DIRECTOR …RESPONDENTS
Legal Reasoning
(BY SMT. SAVITHRAMMA, AGA FOR R1 TO R3; SRI. S. SRIRANGA, SENIOR ADVOCATE FOR SMT. SUMANA NAGANAND, ADVOCATE FOR R4) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER BEARING NO.RRT (S) CR 84/2012-13 DATED 28.6.2013 PASSED BY R-2 FOUND AT ANNEXURE-L “QUASHING THE IMPUGNED OFFICIAL MEMORANDUM BEARING NO. LND (S) CR:77/10-11,39/11-12 DATED 10.04.2012 FOUND AT ANNEXURE-M ISSUED BY R2” AND ALLOW THIS WRIT PETITION WITH COSTS. IN WP NO. 31725/2016 BETWEEN: 1. SRI LAVA RAJ @ CHOWRAPPA S/O LATE ANTHONAPPA AGED ABOUT 65 YEARS RESIDING AT BETTA DASANAPURA GATE BEGUR HOBLI, BANGALOER SOUTH BANGALORE-560 068. 2. SMT. VAZEER BI W/O LATE BASHUR SAB AGED ABOUT 85 YEARS RESIDING AT BETTA DASANAPURA BEGUR HOBLI, BANGALORE SOUTH BANGALORE-560 068. 3. SRI Y. KRISHNAPPA S/O YELLAPPA AGED ABOUT 55 YEARS - 3 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 ...PETITIONERS RESIDING AT MYLASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH BANGALORE-560 068. 4. SRI. SUBBAIAH S/O LATE YELLAPPA AGED ABOUT 53 YEARS RESIDING AT MYLASANDRA VILLAGE BEGUR HOBLI BANGALORE SOUTH BANGALORE-560 068. (BY SRI. RAMESH ADITYA, ADVOCATE) AND: 1. THE PRINCIPAL SECRETARY GOVERNMENT OF KARNATAKA DEPARTMENT OF REVENUE VIKAS SOUDHA BANGALORE-560 001. 2. THE DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALOER-560 001. 3. THE TAHSILDAR BANGALORE SOUTH TALUK BANGALORE-560 001. 4. THE ASSISTANT COMMISSIONER BANGALORE SUB DIVISION BANGALORE-560 001. 5. THE TALUK SURVEYOR BEGUR HOBLI BANGALORE SOUTH-560 001. - 4 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 6. THE CHAIRMAN KPTCL, K R CIRCLE BANGALORE-560 001. ...RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R5; SRI. S. SRIRANGA, SENIOR ADVOCATE FOR SMT. SUMAMA NAGANAND, ADVOCATE FOR R6) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER PASSED BY THE R-2 IN RRT (S) CR 84/2012-13 DATED 28.6.2013 VIDE ANNEXURE-A. 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. The Tahsildar in his letter dated 10.07.2012 has reported that as per the Official Memorandum dated 10.04.2012 the Deputy Commissioner had granted an extent of 18 acres 11 guntas of land in Sy.No.27 situate at Bettadasanapura Village, Begur Hobli, Bangalore South taluk, in favour of KPTCL and a sketch was also prepared in this regard by the Taluk Surveyor. It was also stated - 5 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 in the report that on examination of the revenue record, it was found that an extent of 1 acre of land was reflected in the name of one Muniraju and he also stated that the entries reflected in respect of Sy.No.27 to the extent of 4 acres prima facie appeared to be doubtful and hence the proceedings were required to be initiated under Section 136(3) of the Karnataka Land Revenue Act. 2. The Deputy Commissioner accordingly entertained the said report and by the impugned order, has proceeded to come to the conclusion that the entries made in the record of rights were illegal and therefore, directed the Tahsildar to take possession of the land in occupation of respondents 1 and 2 therein i.e., Pillappa and Muniraju and deliver possession of the same to KPTCL to whom the land had been granted. - 6 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 3. Being aggrieved by this order, the present two writ petitions are filed. 4. The petitioners contend that by way of Official Memorandum dated 18.11.1978, the Deputy Commissioner granted a total extent of 5 acres of land in Sy.No.27 of Bettadasanapura to Lava Raj @ Chowrappa, Bashu Sab, Y.Krishnappa, Channappa and Yellappa i.e., each of them were granted 1 acre of land. 5. The petitioners also contend that this grant was made after the requisite extent of land was reduced from the purview of gomal land and was thus made available for grant. They also contend that saguvali chit had also been issued in favour of the grantee and the petitioner in W.P.No.32726/2013 is the purchaser from the grantee. - 7 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 6. In order to ascertain as to whether the records maintained by the Government did contain orders relating to grant made in favour of petitioners in WP.No.31725/2016 and the vendor of petitioner in WP.No.32726/2013, learned AGA was directed to secure the records. 7. Accordingly, the learned AGA has produced the original records which contained Official Memorandum dated 18.11.1978 indicating that the Deputy Commissioner had made a grant to five persons to an extent of 1 acre each and this was pursuant to the recommendation of the Assistant Commissioner dated 24.01.1979. 8. The original records produced also contained saguvali chit that had been issued by the Government pursuant to the said order of grant. 9. However, learned counsel for the KPTCL contends that there was no challenge to the grant made to - 8 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 KPTCL and therefore, the petitions are required to be dismissed since there is an inordinate delay
Decision
in filing the writ petitions, cannot be accepted. 10. Firstly, even according to the order of the Deputy Commissioner the land in question was stated to have been granted to the BDA and thereafter the land was granted to KPTCL. The fact remains that the records produced by the AGA indicates that the land which was sought to be granted to the BDA and thereafter to KPTCL were in fact already granted to the petitioners herein. 11. In light of this indisputable fact, the question as to whether the petitioners are required to challenged the grant or not does not arise. It is settled law that the lands which were already granted in favour of one person cannot be granted in favour of another authority and the same would be non-est. - 9 - NC: 2025:KHC:17658 WP No. 32726 of 2013 C/W WP No. 31725 of 2016 12. In light of fact that the original records themselves indicate that an extent of 5 acres of land was granted to the vendor of petitioner in WP.No.32726/2013 and the petitioners in WP.31725/2016 the petitions will have to be allowed and the impugned order insofar as the petitioners herein are concerned will have to be quashed. Accordingly, the revenue entries shall be restored in their favour pursuant to the orders of grant and the Sale Deed in their favour. 13. The writ petitions are accordingly allowed. SD/- (N S SANJAY GOWDA) JUDGE PKS List No.: 1