Writ Petition No. 3025 of 2020 · The High Court
Case Details
- 1 - NC: 2025:KHC:11011 WP No. 3025 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 3025 OF 2020 (KLR-RES) BETWEEN: 1. SHIVALINGAMMA W/O. NANJAYYA, SINCE DECEASED, BY LRS, 1.A SRI.C.KUMAR, S/O. LATE. SHIVALINGAMMA, AGED ABOUT 52 YEARS R/AT No.1656, 2ND CROS, RAMAMOHAN PURAM, BANGALORE 560021 2. SMT. LAKSHMAMMA W/O. MUNNISWAMY, SINCE DECEASED BY LRS, 2.A
Legal Reasoning
SRI. K.M.NARAYANA REDDY, S/O. LATE.MUNISWAMY REDDY, AGE ABOUT 58 YEARS, 2.B SMT.SUJATHA D/O LATE MUNISWAMY REDDY AGED ABOUT 53 YEARS BOTH ARE R/AT No.24, POST OFFICE ROAD, YELACHENAHALLI, BANGALORE 560078. 3. SRI. M.P.KRISHNAMURTHY S/O. LATE. PUTTU PAO, SINCE DECEASED BY LRS, Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11011 WP No. 3025 of 2020 3A. SRI. MAHESH.M.K, S/O. LATE. M.P.KRISHNAMURTHY, AGED ABOUT 49 YEARS R/AT No.36/31, 3RD MAIN, NAGENDRA BLOCK, BANGALORE 560050. ALL PETITIONERS ARE REP. BY THEIR GPA HOLDER, M S DIVYA AND M S PRASAD (BY SRI.VIJAY KUMAR.K., ADVOCATE) AND: 1. STATE OF KARNATAKA DEPARTMENT OF URBAN DEVELOPMENT AND REVENUE, VIDHAN SOUDHA, BENGALURU 560001, REP BY ITS PRINCIPAL SECRETARY. 2. SPECIAL DEPUTY COMMISSONER BANGALORE DISTRICT KANDAYA BHAVANA, KG ROAD, BENGALURU 560009 3. TAHSILDAR BANGALORE SOUTH SUB DIVISION KANDAYA BHAVANA, K.G. ROAD BENGALURU-560009. (BY SMT.SAVITHRAMMA., AGA) …PETITIONERS …RESPONDENTS THIS W.P IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 17.09.2019 IN CASE NO.RRT(S) CR 14/2005-06 ON THE FILE OF SPECIAL DEPUTY COMMISSIONER-2 BENGALURU SOUTH SUB DIVISION, BENGLAURU URBAN DISTRICT BENGALURU (R2) VIDE ANNEXURE-F. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:11011 WP No. 3025 of 2020 CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA ORAL ORDER One Smt.Shivalingamma filed W.P.No.1275/2021 challenging the order impugned in this writ petition i.e., the order dated 17.09.2019 passed by the Special Deputy Commissioner. This Court by order dated 01.07.2022
Decision
disposed of the said writ petition in the following terms: “ORDER 1. An order passed by the Deputy Commissioner setting-aside the revenue entries in favour of the petitioner in a proceeding under Section 136(3) of the Land Revenue Act (for short ‘the Act’), is called in question, in this writ petition. 2. The Deputy Commissioner in the impugned order has stated that the grant records were not genuine and therefore, the entries made on the basis of the grant records could not be sustained. 3. One of the grievance of the petitioner is that she was not heard in the matter before the impugned order was passed and some one on her behalf had appeared and that person who had appeared, had no authority to appear on her behalf. - 4 - NC: 2025:KHC:11011 WP No. 3025 of 2020 4. In view of this submission, without going into the merits of the matter, in my view, it would be appropriate to set-aside the order of the Deputy Commissioner and remit the matter to the Deputy Commissioner for a fresh consideration of the entire matter. 5. The Deputy Commissioner shall afford an opportunity of hearing and also an opportunity to the petitioner to file objections and thereafter, pass appropriate orders in accordance with law, within a period of six months from the date of receipt of a certified copy of this order. 6. All contentions regarding the entitlement of the Deputy Commissioner to pass an order under Section 136(3) of the Act, on the question of grant, is left open to be raised by the parties and for being decided by the Deputy Commissioner. 7. Accordingly, the petition is allowed. In view of disposal of the main petition, I.A.No.2/2021 does not survive for consideration.” 2. Learned counsel for the petitioners submits that W.P.No.1275/2021 which was filed by Smt.Shivalingamma was in fact filed by a person who had impersonated - 5 - NC: 2025:KHC:11011 WP No. 3025 of 2020 Shivalingamma and she was not the original grantee. Learned counsel for the petitioner contends that Shivalingamma, who is the petitioner in this writ petition, is in fact the original grantee and therefore, the claim made by Shivalingamma, the petitioner in W.P.No.1275/2021 would be a fraudulent claim. Learned counsel however submits that since the impugned order has already been set aside and the matter is remitted to the Deputy Commissioner, the Deputy Commissioner may be directed to consider the claim of the present petitioner Shivalingamma i.e., the petitioner in W.P.No.3035/2020, i.e., the present writ petition and thereafter decide the matter afresh on merits. 3. Learned counsel points out that during the pendency of this present writ petition, the police were directed to conduct an investigation and the police after investigation have concluded that the petitioner in W.P.No.*1275/2021 i.e., alleged Shivalingamma was an imposter and therefore she will have no right to participate *Corrected vide chamber order dated 26/3/2025. - 6 - NC: 2025:KHC:11011 WP No. 3025 of 2020 in the proceedings. Learned counsel also submits that pursuant to the order passed in W.P.No.1275/2021, the Deputy Commissioner himself had directed the Tahasildar to conduct an enquiry regarding genuineness of claim of Shivalingamma and the Tahasildar is yet to submit the report. 4. In the light of the above, the Deputy Commissioner is directed to consider the claim of the present petitioner Shivalingamma through her LRs and thereafter decide the matter afresh. The Deputy Commissioner also shall consider the claim other petitioners in this regard and pass appropriate orders. 5. The question as to whether the petitioner in W.P.No.1275/2021 has a genuine claim or not can be considered by the Deputy Commissioner, in the light of the police report that has now been filed and also the report of the Tahasildar that may be filed in this regard. 6. Writ petition is accordingly disposed of. - 7 - NC: 2025:KHC:11011 WP No. 3025 of 2020 7. If the petitioners are aggrieved by any of the action said to been taken by the petitioner in W.P.No.1275/2021 i.e., the alleged imposter Shivalingamma, it is open for the petitioners herein to initiate appropriate proceedings against the same. 8. In view of disposal of the main petition, I.A.No.1/2024 and I.A.No.2/2024 stand disposed of. SD/- (N S SANJAY GOWDA) JUDGE NC List No.: 1 Sl No.: 45