JUDGMENT :

SREENIVAS HARISH KUMAR, J.

1. These two writ appeals are filed impugning the order dated 28.09.2020 in writ petition Nos. 106148-106152/2018. Writ appeal 100029/2021 is filed by the State of Karnataka and writ appeal 100028/2021 is filed by Hubballi Dharwad Municipal Corporation.

2. Briefly stated, the facts are as follows:

2.1 Gadigappa Kallappa Narayanpur and Channappa Kallappa Narayanpur, the two brothers were the owners of 5 acres 26 guntas of land in block No. 339/1 of Gamanagatti village, Hubballi Taluk. The Special Deputy Commissioner initiated proceedings under the Urban Land (Ceiling and Regulation) Act, 1976 (herein after referred to as 'ULC Act' for short) in respect of the land belonging to them. One of the brothers, namely, Gadigappa Kallappa Narayanpur filed statement of objections under Section 6 of the ULC Act. Over-ruling the objections, the Special Deputy Commissioner declared that the land to an extent of 22818.2369 square meters in block no. 339/1 was the excess land possessed by the said two brothers. It was alleged that records were built up to show that the Special Deputy Commissioner took over possession of the excess land and then handed over the same to Hubballi-Dharwad Municipal Corporation on 10.12.1982.

2.2 The legal heirs of Gadigappa Kallappa Narayanpur, as also Channappa Kallappa Narayanpur, contending that the land in block no. 339/1 was an agricultural land and it still continued to be under their possession and cultivation, sought to restore their names in the revenue records. Infact, Tippanna, one of the sons of Gadigeppa Kallappa Narayanpur and Channappa Kallappa Narayanpur filed WP No. 41446/1999 questioning the validity of notification dated 21.11.1979 after ULC Act was repealed. They sought to take benefit under Section 3 of the repealing Act. The writ petition was dismissed giving liberty to them to seek redressal of their grievance before the competent authority in terms of the repealing Act. After dismissal of the said writ petition, Gadigappa Kallappa Narayanpur made a representation to the Deputy Commissioner, Dharwad, who was the competent authority under the ULC Act, stating that the said land was under his possession and cultivation; and in view of the ULC Act being repealed, he was entitled to retain the property and that he was ready to redeposit the compensation received by him. His representation was not considered. He made two more representations on 15.03.2013 and 18.12.2013. When they were not considered, writ petitions, Nos. 75209-75212/2013 came to be filed seeking a direction for consideration of the representations. The said writ petitions were allowed and direction was issued to consider the representations within three months. On 30.04.2015, the Government of Karnataka passed an order stating that the possession of the land had already been taken and handed over to Hubballi-Dharwad Municipal Corporation. Aggrieved by the same, the legal representatives of Gadigappa Kallappa Narayanpur filed writ petitions, No. 105519-105522/2015 and Channappa Kallappa Narayanpur filed writ petition No. 106458/2015.

2.3 In the above writ petitions, it was held that 5 acres 26 guntas in block no. 339/1 was still an agricultural land and therefore the competent authority under the ULC Act had no jurisdiction to declare that land as excess vacant land situate within the urban agglomeration limits. It was also held that the Revenue Inspector was not the competent authority to take possession of the land and thereby there was no actual delivery of possession. Having given findings like this, the writ Court remanded the matter to the Government for reconsidering the contentions taken by the petitioners afresh.

2.4 Questioning the order of remand, the writ petitioners filed Writ Appeals No. 100673-676/2016 and 100672/2016. The Government too filed writ appeals No. 100001/2017, 100002/2017 and 100253-255/2017. But these writ appeals were not entertained by the Co-ordinate Bench of this Co