High Court Karnataka High Court

B S Pandith S/O S S Pandith vs The State Of Karnataka on 22 September, 2009

Karnataka High Court
B S Pandith S/O S S Pandith vs The State Of Karnataka on 22 September, 2009
Author: V.Gopalagowda & K.N.Keshavanarayana
IN THE HEGH COURT OF KJXRNATAKA AT BANGALORE
DATED THIS THE 2913 DAY OF' SEPTEMBER 2009

PRESENT:

THE HONBLE MRJUSTICE V.GOPALA G1o%Xf1jA.'   E.

AND

THE HONBLE MR.JUS'I'ICE K.N7;JEESTmTANARA%YANA7'  

W.A.NO.331 1[/2005'{U'L.(_i1

BETWEEN:

1 B S PANDITI-I
S/O S S PANDITH ._ V
SINCE DEAD BY LES. _  V

1{A} SMT.vANAjE_E."PAIs§I3:'TH"  
WTTIES--LAfI~E E;S,.12AN:;1T1--1 ' 
AGED 66'  

1(5) ANJANA,%SURES'EEW-[:O«S.SURESH
D /0 LA_T13.B.S_.PA_NDITI'H
AGED 4o..yEARS '-

' .fl'1[C)V""ANUPAI~lA B. PANEITH W/O R.K.BARA'I'H

»   _ VAGE<34_YEARS
 ARERJTQ N"O';113?, MOKSHA MARGA
SIDDIIAREEHA; NAGARA, MYSORE DISTRICT.

 T  '(AMENDED VIDE COURT ORDER
 ' _--,DATED 19.12.2008)

 2 " KV VANAJA
 D /0 K VENKATARAMAIAH

50 YEARS

R/O NO 1137, MOKSHA MARG
SIDDARTH NAGAR

MYSORE

3 RATHNAMMA
W/O B K KENCHEGOWDA



 

48 YEARS

R/O NO 311/A, 2ND CROSS
D SUBBAIAH ROAD
MYSORE

4 SHEELA
D / O R K BHARATI-I
46 YEARS
R/ O NO '7, DAYAJVIARGA
SIDDARTHA LAYOUT

MYSORE      

{By STLJAYAKUMAR S. PATEL, SENiOR:'¢O'IUNS_EL 

SR1. M R RAJAGOPAL, ADV.) : _  

AND:

1 THE STATE OF EAISIJATAIIA1. O'  A'
BY ITS SECRETARY   I  
DEPARTMENT OF. HO1I:'3INCf9_AND'. I " '

 ' 
IcISBUIL"m13;O.,%  'I -
BANOALO_RE'e A1.  '

2 THE'DEFUTY,cO_M1yIISS1ONER
. ;..»xND PRESCRIBED AUTHORITY
 '-'.,UR}3AN LANDQEILING REGULATION
 MYSOPE DISTRICT MYSORE

     CO--OP SOCIETY
Q 'I-.I'BY'I'fE3. SECRETARY,
 WSOEE

 4 M§?SORE URBAN DEVELOPMENT AUTHORITY
=   BY ITS COMMISSIONER
_ MYSORE CITY

RAMEGOWDA S/ O RANGEGOWDA
AGED ABOUT 60 YEARS

6 BASAVEGOWDA S/ O RANGEGOWDA
AGED ABOUT 55 YEARS

7 LAKKAPPA S/ O RANGEGOWDA

AGED ABOUT 52 YEARS 



8. KRISHNA S / O RANGEGOWDA
AGED ABOUT 49 YEARS

R-5 TO 4-8 ARE ALL RESIDING AT NO2777.
RAILWAY GATE ROAD,

K.G.KOPPALU (KANNE GOWDANA KOPPALU}
MYSORE.

(AMENDED VIDE COURTORDER      
DATED 25.1.2007}  RESRONDENTSV.   is E I

(By SMTGEETHA MENON, G.A. _RoR R.--_1*& R-2.ARD 
SR1. PSMANJUNATH, ADV. EQ'R._R4) "  A 'V _  "
THIS. WRIT APPEAL IS i'aE1LED ms" 4 }OF THE
KARNATAKA HIGH COURT ACTT-PRAYING TO  ASIDE THE
ORDER PASSED IN TH'E4_V'JRIT--if PE;Ti';'§_IO_N«.NO.46942--45/2004
DATED OI/O8/2005.  *  =   

RESERVED ON 4; ':r..§sb.-;3..2009 _  V_ 
PRONOUNCED;_oNf;.- 'V22;19.2009 "    

T1518 =  HAVING BEEN HEARD AND
RESERVED, THIS,DAYv.VKE3H./':VANARAYANA.J, PRONOUNGED

THE FOLLOWING: ' _ '

 _ -._J__.UDG M ENT

A  is directed against the order dated

  by the learned Single Judge of this Court

 40942 to 45/2004, dismissing the Writ

  "fiéeetitiopns med by the appellants.

2. Following are the facts leading to the presentation

@

of writ petitions and the present appeal:



 

(i)

(ii)

One Rangegowda @ Chikkahydegowda, S/0 Lakke
Gowda, father of respondents 5 to 8 to thvigsiflappeal

who were not parties to the Writ Petiti_ojns;..’

owner of lands bearing Suryey No_.-

Sacres 16 guntas, Survey:’»No.:-‘~2.23l/4g” ‘rneastft-ruingg_A4

acres 21 guntas, Survey’No. 18-2 1 Vmea’sij1ri.ng acreiit

32 gnntas and Survey 2.’n1easu1fi§ng 1 acre
34 guntas in a1l””rrie.as:_1ri–t1gu .ac~res 23 guntas all
situated in Bogalcii 2 l

Aftertbrce Land (Ceiling and
aegfiiatibn) l’i’Act l:”».i976l_ll(‘fc5i~ short the Act), said

Rangegowda ‘:.lj:”i}le’d._:fsta’tement in Form No.1, as per

5R1%1eslll4″3..:l&I1d”‘ 9.”-ofvthe Rules framed under the Act

lV.gi£fingA.particti”lars of the extent of vacant land held

V’ the urban agglomeration of Mysore

city’, other particulars, as required by Section
A. Blil of the Act on 13.9.1976, before the competent

authority under the Act.

According to the appellants, said Rangegowda
formed a revenue lay–out of residential building sites

in land bearing Survey N0. 210, and sold sites to

V

(iv)

different persons. According to the appeilants

during 1982 a 1983, each of them purcha.s_’e–d”‘–one

site in the said 1ay–out from Rangegiowdiaffnnderv.4
unregistered sale deeds, and»–they wer’eI.’4pi’aced’9’».in f
Vacant possession of the respective sit.es,vpa,1fc;has’ed

by them, and thereafteI’v,..:’p:ti1ey const1*ucted:Vstfuctures

thereon. Thus accyordingf appellantsvgthey have
been in possession ‘sites.

In the; authority,
‘as”‘per Section 8(1) of the
held in excess of ceiling

1irn;it,” on showing that the declarant

5Rangeégoyvdatisffhoiding 36,344.01 sq.Ints. of excess

~.Thereafter, final statement as per Section 9

if under Section 10(1) of the Act were

p1.;z1:)iis:hed on 1.8.1985; notification under Section

A. 10(3) of the Act was published on 25.9.1985

9’ “jdeclaring that the excess vacant land is deemed to

have been acquired by the State Government with
effect from 10.10.1985; possession of excess vacant

land was taken on 19.9.1990 as per Section 10(6) of

i

(ix)

memorandum dated 21.9.1993 Annexure–F issued

by MUDA are void and ineffective.

In these Writ Petitions. The appellants _
that pursuant to unregistered ,sa1e_-‘deeds: = ‘V
by Rangegowda, they are in ;”pos’.s_’es;sion ‘ofjreispiectiiye

sites and at no point of-tlinie possession sites-”

was taken from them bythe-cornpetentauthority, as

per Section 10(6)’ 9 of no notice as

required. Sectiong ..th’e”:,ri’rct was served on

them;’ as V”s’uch,”–.i,jtliey ycointinued to remain in
possession respective sites, therefore, by

virtue- of of Sections 3 (2) & Section 4

j’ .,of Act 91999, all further proceedings stood

lal:iateid,p’They””a1so contended that Bogadi Village was

it the urban agglomeration of Mysore City,

as’ the entire proceedings initiated were illegal

and without jurisdiction. They further contended

that, even prior to passing of the award dated

31.3.1993 and taking possession of the land by the
Government as per the provisions of the Act, the

Government purported to have exercised its power

(

Xi)

“rt

12

After hearing both sides, the learned Single Judge by

the order under appeal, dismissed the_,«p:et4itions

holding that the appellants being

who filed the declaration andnot ‘ _

the proceedings before the e_orripete_nt_

have no locus standi to.,:;c’h_allelnge the ‘-orders” passed’ V

by the respondent ‘Deputy”Comrnissioner.
The learned held that the
originalfovvner toyhvave hands with the
‘ called sale deeds as
the appellants based

‘e.oll:.isive documents, created by the

_ original ,_:dcclarantA”‘to over come the effect of order

7…hAiissued.gunder”Section 10(3) of the Act, which he did

as provided by Section 12 of the Act

beforeithe Divisional Commissioner.

aggrieved by the order of the learned Single

–*:Judge, dismissing the Writ Petitions, the appellants

have filed this appeal. Upon service of notices of
appeal, the respondents have appeared through

their learned Advocate.

3. We have heard Sridayakurnar S. Patil, learned

Senior Advocate appearing for the appellants;

Sri.P.S.Manjunath, learned Advocate

Sri.H.M.Mnjunath, learned Advocate for’:

respondents 1 and 2, and

Advocate for respondent _ Coal’

operative Society. We.havev.pert1sed the ” origintal records
pertaining to the Deputy
Commissioner’, . f1;\:/Iysoijeg H by the learned
Governmefl ti . A it

4:;__ Patil, learned Senior counsel

would subafrlitpthatl’ be seen from the recitals of

theagreement’ / sale deeds, the appellants are the

4 sites in Revenue lay out formed by the

‘origir1al’VRangegowda, and they were placed in

possessionv of respective sites and in the absence of any

it to show that ULC authorities took possession of

V the sites from the appellants as provided by Section 10(5)

and (6) of the Act, the appellants deemed to be in

possession of the sites as such, the entire proceedings

stood abated by virtue of Repeal Act of 1999, and the

%//.

17

the property who was the declarant did not question the

actions on the part of the respondents, and sincelethe

declarant and his family members themselye–s’_’ _

admitted that they have voluntarily .del_iver_ed” po:sse’ssi’on oi ” =

the property to ULC authorities, :’t.he1’_’_AapVpeiiants

locus standi to question the orders A13..nexures=§_*Eand

that as the excess vacant –v§rith’the._yGo;irernment
upon publication of Section 10(3) of the
Act, and since. had been taken
in of Section 10(5) 8: (6) of
the ;Act coming into force,
acquisitiorrof as such, the Repeal of

the Act 1jor.e;.:”reictk3i~1 the acquisition of the land in

‘hquestionf a”s.,such,”‘the learned Single Judge is justified in

thehwrit Petitions; that since there is nothing

on'”r.eco_r’d show that as on the date of taking possession

of,,land”-as per Section 10(5) 8: (6) of the Act, the appellants

“”«2s:7e’re’ in possession of the sites, they were not entitled for

“any notice from the competent authority under Section

10(5) of the Act; that the observation made during the

course of the order dated 16.4.1997 — Annexure–R2 and

f’\

unregistered sale deeds are all created documents in
collusion with the erstwhile owner. Before this Court the

appellants have produced the alleged unregisteVre’:::l””‘rs.ale

deeds, along with a memo. Reading of the _

these documents indicates that they 2

deeds transferring title in respect of irnmiovablre

As could be seen from the’s_e’~–._docu1nents,f:they.,,are note’

properly staniped and they are__u:Iiregistered«.f_ Seciiion 34 of
the Karnataka Stamp uthatfiio document not
properly stamped ._shali”‘beiilreceiiredlv’-indict’evidence for any
purpose] l”Not..o:dioubl§,”‘Section the Indian Registration
Act permits unregistered document for

collateral purpeosefto prove a transaction, which does not

‘ V’ “requ.a.fe :registration’;”””However, the prohibition imposed

i..1nc_l_er of the Karnataka Stamp Act is total and

as provision a document which is not properly

insufficiently stamped cannot be received and

into for any purpose including the collateral

-purpose. The decisions cited by the learned Senior

” counsel for the appellants in this regard have been

rendered in the light of the provisions of Section 49 of the

29

the State Government or any person duly authorised by
the State Government or by the competent authoriisfiiyand

any amount has been paid by the State Gove_rnm.e_nt:

respect of such land, such landwshall

unless the amount paid has been
Government. Section 4
abatement of legal Section,
all proceedings relating”-any’ or purported to
be made underiflghe immediately
before the before any court,
abate. However,
according vpflselction 4, the said section has

no ap_plicat’ion’to: the.,_p1′..oceedings relating to Sections 11,

oi’tl1e—-«13’rincipal Act, if such proceedings are

“tIr:1:e:..1and, possession of which has been taken

‘State Government or any person duly

V’~».autho”rised by the State Government or by any competent

it Admittedly, in this case by 1999, no

__proceedings as referred to under Section 4 of the 1999 Act

V was pending before any Court, Tribunal or authority. In

View of the fact that possession had been taken much

(‘3

32

in contravention of Section 23 of the Act. Ultimately, the
Writ Petition was dismissed and the said order was not
challenged. Therefore, it is not now again open

appellants to question the very same order _

Petition also. Therefore, the challenge to V.

this Writ Petition is not competentpasfthe
suffered an adverse order inrespect” ofltliisg *
order AnneXure–F’, in the earlierV:Wri’t._» so far as
the order dated rjtflw/_VGovernment as
per AnneXuref.Efallottingflthe in favour of
the said order was not
questioned “Petition though in the order

dated _2l.9.l”i-993. 5 [Ann’exure–F, a reference has been made

‘ Vto An’nexure–E an’d”‘it is only pursuant to Annexure–E,

to be passed. From this, it is clear that

the»..app’ell.ants. were not aggrieved by the order Annexure —

passed by the Government when they filed the earlier

Wrtt,.’..fr”Petition. In fact, their relief in the earlier Writ

..Petition for regularisation of their unauthorised

V occupation sought against MUDA was based on the notice

said to have been issued by MUDA admitting that MUDA

34

proceed against the legal representatives of the original
owner. However in these proceedings, no reiief can be

granted in favour of the appeliants against re’s.p:ondent

Nos. 5 to 8 being the legal representatives

In view of the above discussion, we .ans\zvergJpeint'”No,3″int”

the affirmative. Therefore, there a.re’:no”nierits

appeal and the appeai is 1iab1eVg:’to_%be

16. Accordingly, we dis_mis:s’g_:the-.appeal;-..

EUDGE

Sfi/4
, EUDGE

. _._…-.4

V.Rw?’