1

IN THE HIGH COURT OF AT BENGALURU DATED THIS THE 25TH DAY OF AUGUST 2015

BEFORE

THE HON’BLE MR. JUSTICE RAM MOHAN REDDY

WRIT PETITION NOS. 25215-25216 OF 2012 (KLR-RR/SUR)

BETWEEN:

1. SRI. V BALACHANDRA S/O LATE VENKATESHAPPA AGED ABOUT 62 YEARS,

2. SRI K. NARASIMHAMURTHY S/O LATE VENKATESHAPPA AGED ABOUT 52 YEARS,

BOTH ARE RESIDING AT BABUSABARAPALYA, K.R.PURAM HOBLI, EAST TALUK, BANGALORE. ... PETITIONERS

(By Sri. R BHADRINATH, ADV.,)

AND

1. THE STATE OF KARNATAKA, REVENUE DEPARTMENT, M.S. BUILDING, BANGALORE – 560 001. REPRESENTED BY PRINCIPAL SECRETARY

2. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT BANGALORE-560 001.

2

3. THE ASSISTANT COMMISSIONER BANGALORE SOUTH SUB-DIVISION, BANGALORE-560 001.

4. THE SPECIAL THASILDAR K.R.PURAM HOBLI-560 036 BANGALORE DISTRICT.

5. SRI. N. NARAYAN REDDY S/O LATE NANJUNDA REDDY AGED ABOUT 42 YEARS, RESIDING AT NO.101, OLD POST OFFICE ROAD, DODDABANASAWADI, K.R.PURAM HOBLI, BANGALORE EAST TALUK, BANGALORE-560 043.

6. SRI. V. ASHOK KUMAR S/O VENKATASWAMY REDDY AGED ABOUT 36 YEARS,

7. SRI V. MANJUNATH S/O VENKATASWAMY REDDY AGED ABOUT 33 YEARS, RESIDING AT NO.49/17, 4TH CROSS, NEAR BHARATH GAS OFFICE, VILLAGE & POST, BANGALORE-560 068.

8. SRI. S. HARISH, AGED ABOUT 27 YEARS, S/O SUBBA REDDY, RESIDING AT NO. 123/1, KORMANGALA, BANGALORE SOUTH TALUK, BANGALORE – 560 095

3

9. SRI. VENKATASWAMY REDDY S/O KRISHNA REDDY, AGED ABOUT 33 YEARS, RESIDING AT NO.49/17, 4TH CROSS, NEAR BHARATH GAS OFFICE, BOMMANAHALLI VILLAGE & POST, BANGALORE-560 068.

10. SRI. N RAJA REDDY SINCE DECEASED BY LRS

10(A) SMT. NIRMALA W/O LATE N RAJA REDDY AGED ABOUT 54 YEARS,

10(B) SRI. R SOMASHEKAR S/O LATE N.RAJA REDDY AGED ABOUT 40 YEARS,

10(C) SMT R PRATHIBA D/O LATE N.RAJA REDDY AGED ABOUT 38 YEARS,

RESPONDENTS NO. 10(A) TO (C) ARE RESIDING AT PATEL BALAPPA REDDY STREET, K.R.PURAM, BANGALORE-560036.

10(D) SMT. R SABITHA D/O LATE N RAJA REDDY AGED ABOUT 36 YEARS, RESIDING AT NO.1/1, SUJANYA APARTMENTS, 4TH CROSS, GUNDAPPA REDDY LAYOUT, CHOLANAGAR, BANGALORE-560032.

4

11. SRI. RAMA REDDY S/O LATE NANJAPPA REDDY AGED ABOUT 67 YEARS,

12. SRI JANARDHANA REDDY S/O LATE NANJAPPA REDDY AGED ABOUT 67 YEARS,

13. SRI. K.N NARAYANA REDDY S/O LATE NANJAPPA REDDY AGED ABOUT 63 YEARS,

14. K.N SRINIVASA REDDY S/O LATE NANJAPPA REDDY AGED ABOUT 57 YEARS,

15. SRI. VIJAYAKUMAR S/O LATE NANJAPPA REDDY AGED ABOUT 53 YEARS,

16. SRI. SURESH REDDY S/O LATE NANJAPPA REDDY AGED ABOUT 50 YEARS,

RESPONDENTS NO. 10 TO 16 ARE RESIDING AT BALAPPA REDDY ROAD, NANJAPPA REDDY BUILDING, K.R.PURAM, BANGALORE-560036.

17. SMT. SARSWATHAMMA, W/O LATE NANJUNDA REDDY, AGED ABOUT 68 YEARS, RESIDING AT NO.54, OLD POST OFFICE ROAD, ANJANEYA TEMPLE STREET, DODDABANASWADI, BANGALORE -560 043.

5

18. SMT. SHASHI, D/O LATE NANJUNDA REDDY, AGED ABOUT 34 YEARS, RESIDING AT PAPAIAH REDDY LAYOUT, DEVARACHIKKANAHALLI, BEGUR HOBLI, BANGALORE SOUTH TALUK.

19. SMT. REKMINI, D/O LATE NANJUNDA REDDY, AGED ABOUT 43 YEARS, RESIDING AT 7 TH CROSS, 8 TH MAIN, SHANTHI LAYOUT, RAMAMURTHY NAGARA MAIN ROAD, BANGALORE – 560 016.

20. SMT. MUNIYAMA, W/O LATE N. KRISHNA REDDY, AGED ABOUT 78 YEARS,

21. SMT. K. VENKATAMMA, D/O LATE N. KRISHNA REDDY, AGED ABOUT 55 YEARS,

RESPONDENT NO. 20 & 21 ARE RESIDING AT NO. 2327, 5 TH MAIN, OPPOSITE RAMA MURTHY NAGAR POLICE STATION, , BANGALORE 560 016. ... RESPONDENTS

(By SMT. B.P. RADHA, HCGP FOR R1 TO R4; SRI. DHARMAPAL, ADV., FOR C/R6 & R9; SRI. T.N. VISWANATHA, ADV., FOR R5, 17 TO 21; SRI. G. PAPI REDDY, ADV., FOR R10(A-D); SRI. SHYAM KOUNDINYA, ADV., FOR R11 & R13; SRI. N. BAYYA REDDY, ADV., FOR R12, R14 TO R16; R7 & R8 SERVED & UNREPRESENTED)

6

THESE WRIT PETITIONS ARE FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF PRAYING TO QUASH THE IMPUGNED ORDER DATED 7.10.2009 IN R.A. NO.132/2004-05 PASSED BY THE THIRD RESPONDENT AS FOUND AT ANNEXURE- H AND ORDER DATED 22.5.2012 IN R.P. NO.86/2010- 11 PASSED BY THE SECOND RESPONDENT AS FOUND AT ANNEXURE-J & ETC.,

THESE WRIT PETITIONS COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP THIS DAY, THE COURT MADE THE FOLLOWING:

O R D E R

Having heard the learned counsel for parties, perused the order dated 22 nd May 2012, in Revision

Petition No.86/2010-11, Annexure-J of the Deputy

Commissioner, Bengaluru District, suffice it to notice that petitioners though advanced a contention that appeal filed by respondents 5 to 8 before the Assistant

Commissioner under sub Section (2) of Section 136 of

Karnataka Land Revenue Act, 1964, without an application for condonation of delay of 20 years calling in question the order in IHR No.4/1984-85, the Deputy

Commissioner, without recording a finding on condonation of delay, confirmed the order of the

7

Assistant Commissioner, tantamounting to miscarriage of justice calling for interference.

2. In the result, these petitions are allowed . The order of the Deputy Commissioner is quashed and proceeding remitted for consideration afresh, to answer the petitioners’ contention as to whether or not the delay of 20 years in filing the appeal by respondents 5 to 8 was condoned by the Assistant Commissioner and thereafter to pass orders in accordance with law. Since parties are represented by learned counsel, they are directed to be personally present before the Deputy

Commissioner on 31.08.2015 at 3.00 pm without any further notice.

Sd/- JUDGE kcm