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2022 Supreme(Online)(Kar) 45882
WP No. 30643 of 2009
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.G.S. KAMAL
WRIT PETITION NO. 30643 OF 2009 (SC/ST)
BETWEEN:
1.
SRI JACOB CHANDY VERGHESE
AGED ABOUT 36 YEARS
S/O SHRI VERGHESE
CHANDY, RESIDING AT S-6
PETRA RADIANCE
3, KATALPALYA MAIN ROAD
SARVANJNA NAGAR
BANGALORE - 560 038.
2.
SRI KUNNUMPURATH MATHEW CHERIAN
AGED ABOUT 48 YEARS
S/O LATE DR. K.T. MATHEW
RESIDING AT NO. 12, BENSONCROSS ROAD,
BENSON TOWN
BANGALORE - 560 046.
3.
SRI KUNNUMPURATH MATHEW THOMAS
AGED ABOUT 52 YEARS
S/O LATE DR. K.T. MATHEW
RESIDING AT NO. 12
BENSON CROSSROAD
BENSON TOWN
BANGALORE - 560 046.
4.
MS. ROHINI MATHEW
AGED ABOUT 73 YEARS
W/O LATE DR. K.T. MATHEW
RESIDING AT NO. 12
BENSON CROSS ROAD
BENSON TOWN
BANGALORE - 560 046.
WP No. 30643 of 2009
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5.
SRI JINU KURIAN KOSHY
AGED ABOUT 37 YEARS
S/O K.K. KOSHY
RESIDING AT NO. 204
PETRA PARK
RAMAMURTHY NAGAR MAIN ROAD
BANGALORE - 560 016.
6.
SHRI BENAUD ISSAC JACOB
AGED ABOUT 49 YEARS
S/O SRI P.I. JACOB
RESIDING AT NEDUVELLI HOUSE
NEDUNGADAPPALLY P.O.,
KARUKACHAL VILLAGE
CHANGANACHERRY TALUK
KOTTAYAM DISTRICT, KERALA.
7.
MS. SHIRLEY ISSAC JACOB
AGED ABOUT 42 YEARS
W/O MR. BENAUD ISSAC JACOB
RESIDING AT NEDUVELLI HOUSE
NEDUNGADAPPALLY P.O.,
KARUKACHAL VILLAGE
CHANGANACHERRY TALUK
KOTTAYAM DISTRICT, KERALA.
PETITIONERS 5 TO 7 REPRESENTED BY THEIR GPA
HOLDER SRI. JACOB CHANDY VERGHESE
AGED ABOUT 36 YEARS
S/O SHRI. VERGHESE CHANDY
R/AT S-6, PETRA RADIANCE
KATALPALYA MAIN ROAD
SARVANJNA NAGAR
BANGALORE - 560 038.
&PETITIONERS
(BY SRI. K ARUN KUMAR .,ADVOCATE FOR
SRI. JAYAKUMAR V.K. ADVOCATE FOR CREST LAW
PARTNERS)
WP No. 30643 of 2009
3
AND:
1.
THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
K.G. ROAD
BANGALORE- 560 009.
2.
THE ASSISTANT COMMISSIONER
BANGALORE NORTH SUB-DIVISION
PODIUM BLOCK
VISHWESHWARAYA TOWER
BANGALORE.
3.
3(a)
SHRI. MADDURAPPA
SINCE DEAD BY LRS
M. ANJINAPPA
S/O MADHURAPPA, MAJOR
3(b) M. CHINNAPPA
S/O LATE MADHURAPPA, MAJOR
3(c) M. JAYAMMA
D/O LATE MADHURAPPA, MAJOR
3(d) M. RATHNAMMA
D/O LATE MADHURAPPA, MAJOR
ALL R/AT SIDDARTHANAGARA
WARD NO.23, CHINTAMANI ROAD
HOSAKOTE TOWN
BANGALORE RURAL DISTRICT - 561 149
AMENDED AS PER V/O DATED:19.08.2021
&RESPONDENTS
(BY SRI. VENKATASATHYA NARAYANA, HCGP FOR R1 & R2;
SRI. H.C. SHIVARAMU, ADVOCATE FOR R3 (4-D)
THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
FINAL ORDER DATED: 15.07.2009 PASSED BY THE R1 IN
APPEAL NO. SC.ST (A)87/2007-08 VIDE ANNEX-A AND THE
WP No. 30643 of 2009
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FINAL ORDER DATED:04.02.2008 PASSED BY THE R2 IN CASE
NO. KA SC.ST 160/2006-07 VIDE ANNEX-B AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
Present petition is filed by the petitioners seeking
following reliefs;
"Issue a writ in the nature of certiorari or
such other appropriate writs quashing the
final order dated 15.07.2009 passed by the
1st
respondent
in
Appeal
No.SC.ST(A)87/2007-08
(Annexure-A)
and
the final order dated 04.02.2008 passed by
the 2nd respondent in case No.KA SC.ST
160/2006-07 (Annexure-B)."
It is the case of the petitioners that the land
measuring 2 acres in Sy.No.121 of Doddagubbi village,
Bidarahalli
Hobli,
Bangalore
was
granted
to
one
Timmarayappa on 11.08.1956 and a Saguvali chit in this
regard has been issued on 22.11.1956 and that there was
non-alienation period of 15 years which ended on
10.08.1971. Consequently, the said Timmarayppa became
absolute owner of the said property. Upon the demise of
said Timmarayappa, katha in respect of the aforesaid land
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was mutated in the names of children of Timmarayappa
namely, Maddurappa, Chinnappa and Puttappa. That the
said legal representatives of Timmarayappa had developed
the aforesaid property into residential layout and sold the
plots formed in the said layout to various prospective
purchasers
including
the
petitioners
herein.
Thus,
petitioners having purchased the sites as above have
became absolute owners of the property. When things
stood thus, Sri Maddurappa one of the sons of said
Timmarayappa,
the
original
grantee,
initiated
the
proceedings
before
the
second
respondent
alleging
violation of the provisions of the KPTCL Act in case No.KA
SC.ST 160/2006-07. By order dated 04.02.2008, the
second respondent allowed the said application and
directed
for
restoration
of
the
land
to
the
legal
representatives of original grantee. Being aggrieved by the
same, petitioners preferred an appeal before the Special
Deputy Commissioner in case No. SC ST (A)87/2007-08.
The said appeal resulted in dismissal. Being aggrieved by
the same, petitioners are before this Court.
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Sri. Arun kumar K, learned senior counsel for
Sri. Jayakumar N.D learned counsel for the appearing for
the petitioners reiterating the grounds urged in the
memorandum of petition submitted that the orders passed
by the Assistant Commissioner and Special Deputy
Commissioner as per Annexures A and B respectively are
unsustainable. He submits that the grant of land was
admittedly under 'Grow More Food Scheme' and against
the payment of upset price. Therefore, he submits that the
provisions of the KPTCL Act are not applicable. He further
submits that sale of plots by the legal representative of
the Timmarayappa were effected during the month of May
to July in the year 1995 and the proceedings alleging
violation of provisions of the Act were initiated on
15.02.2007 i.e,. lapse of 12 years. Thus, he submits in
view of law laid down by the Apex Court in the case of
NEKKANTI
RAMA
LAKSHMI
VS.
STATE
OF
KARNATAKA AND ANOTHER reported in (2020) 14
7
SCC 232 proceedings ought to not have been entertained.
On these grounds he seeks for allowing of the petition.
Though sufficient opportunity was given to the
private respondents, they have remained absent and none
appeared in the matter.
Sri.Venkata Sathya Narayana, learned HCGP
appearing for the respondent Nos. 1 and 2 does not
dispute the fact that the land was granted to the original
grantee under 'Grow More Food Scheme' against payment
of upset price. Learned HCGP brings to the notice of this
Court the reference made in the order passed by the
Special Deputy Commissioner as per Annexure-A with
regard to grant of land under 'Grow More Food Scheme'
against upset price as found at page No.3 of the said
order. He also does not dispute that initiation of
proceedings were after lapse of 12 years.
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6.
Heard Sri.Arun Kumar K, learned Senior counsel
for Sri.Jayakumar N.D, learned counsel for the petitioners
and
Sri.Venkatasatya
Narayana,
learned
HCGP
for
respondent Nos.1 and 2 and Sri.H.C.Shivaramu, learned
counsel for the proposed respondent No.3(a-d). Perused
the records.
A co-ordinate bench of this C
