Court found procedural errors in lower authorities' decisions regarding land mutation and quashed the orders due to lack of validity, instructing a remand for fresh consideration.

ORDER :

M.NAGAPRASANNA, J.

The petitioner/NTI Housing Co-operative Society (hereinafter referred to as ‘the Society’ for short) is at the doors of this Court seeking the following prayers:

“(a) Call for records of RP No.201 of 2020 before the respondent No.1;

(b) Issue a writ of certiorari or any other order, writ or direction of similar nature quashing the order dated 25-10-2023 in RP No.201 of 2020 passed by the respondent No.1 at Annexure-A;

(c) Issue a writ of certiorari or any other order, writ or direction of similar nature quashing the order dated 3.06.2016 in RA (BNA) No.60/2016-17 passed by the respondent No.2 at Annexure-B;

(d) Issue a writ of mandamus or any other writ, order or direction of similar nature directing the respondent No.3 to enter the name of the petitioner Society in the revenue records in respect of Survey No.165/2 measuring 29 guntas in Kodigehalli Village, Yelahanka Hobli, Bangalore North Taluk;

(e) Grant any other relief that this Hon’ble Court deems fit in the facts and circumstances of the present case in the interest of justice.”

2. Facts in brief, germane, are as follows:

2.1. The petitioner is a Co-operative Society. The State Government issued a preliminary notification on 03-01-1985 in respect of the subject property seeking to acquire the lands. A final notification thereon was issued on 22-09-1986. Further notification under Section 16(2) of the Land Acquisition Act, 1894 was issued in respect of the said property delivering possession of the property to the hands of the Society on 05-11-1992. This is challenged in Writ Petition No.2501 of 1996 before this Court. The said writ petition comes to be dismissed upholding the acquisition proceedings.

2.2. The said order came to be challenged before the Division Bench in Writ Appeal No.7940 of 1996, which also comes to be dismissed by an order dated 09-12-1998 upholding the order of the learned single Judge, thereby affirming the acquisition proceedings. When things stood thus, the 4^th respondent files Writ Petition No.47009-47010 of 2001 calling in question katha made in favour of the Society. The said writ petition comes to be withdrawn reserving liberty to submit a representation. The 4^th respondent then, long after the acquisition and handing over of the property to the hands of the Society, submits a representation to drop his lands from acquisition.

2.3. The State Government, by an order dated 30-01-1999, drops the said property from acquisition which was challenged by the Society in Writ Petition No.6578 of 1999. In the course of the proceedings, it is the submission in the petition, that the State Government had indicated that possession of the property was handed over to the Society by its order dated 20-04-1999. The writ petition then comes to be withdrawn. The 4^th respondent again files another writ petition in Writ Petition No.32641 of 2002. The learned single Judge allowed the writ petition in terms of the order dated 06-07-2009, on a short point that the land owners were not heard prior to passing of the order of handing over of the property to the Society.

2.4. The allottees of sites formed in the said property and other properties which are subject matter of order dated 30-01-1999 preferred Writ Petition No.29555-29570 of 2010. During its pendency, another writ petition comes to be filed which was tagged along with this, in Writ Petition No.38771 of 2014 all calling in question Government order dated 30-01-1999 and to review the order that was passed on 06-07-2009 in Writ Petition No.32641 of 2002 among other prayers. The said writ petitions come to be disposed by an order dated 25-07-2019 recalling the order dated 6