K. SRINIVAS MURTHY & OTHERS Vs. THE SECRETARY & ANOTHER

JUDGEMENT

(1.) The order passed by the Special Deputy Commissioner, Bangalore, in No. IN/CR. 227/97-98, dated 31-10-2002 which is confirmed by the Karnataka Appellate Tribunal in Appeal No. 895 of 2003, dated 6-11-2007 and further confirmed by the learned Single Judge on 24th October, 2008 in Writ Petition No. 19756 of 2007 are called in question in this intra-Court appeal. Heard Mr. Devanand, the learned Counsel appearing for the appellants and the learned Government Advocate appearing for the respondents. According to the appellants, appellant 1-Sri K. Srinivasa M. Murthy is the son of late M. Kempaiah and 2nd appellant-Sri S. Govindappa is his brother's son. According to the appellants one Krishna Swamy Iyengar was the Jodidhar of a village known as Jodi Navarathana Agrahara. Kempaiah had purchased certain extent of lands in Jodi Navarathana Agrahara in Sy. No. 3, to an extent of 187 acres 38 guntas vide registered sale deed dated 18-2-1943 from the Jodidhar Kempaiah settled the lands in favour of his 5 children, i.e., Sri K. Muniswamappa, Sri. K. Shamaiah, Sri K. Govindappa, Sri K. Srinivasa Murthy and Sri K. Nagaraj under registered sale deed dated 30-7-1953.

(2.) Pursuant to a Government Notification dated 15-9-1956 the entire Jodi Navarathana Agrahara Village came to be vested in the Government under the provisions of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954. After the land vested in the Government the 5 children of Kempaiah filed applications for regrant in their favour under Section 9 of the Act. The lands were granted to different persons on different occasions including the lands in Sy. No. 3 of aforesaid village. Contending that 35 acres 8 guntas of land including 8 acres 6 guntas of land which is the subject-matter before the Land Tribunal they approached this Court in Writ Petition No. 21890 of 1997 (LR) (Anjanappa and Others v State of Karnataka and Others : 2000(8) Kar. L.J. 175), wherein this Court on 4-9-2000 held that the entire survey number is a hiduvali land and not the gomal land.

(3.) Contending that the application filed before the Competent Authority for regrant of 35 acres 8 guntas in Sy. No. 3 of Jodi Navarathana Agrahara Village by the appellants came to be rejected by the learned Deputy Commissioner on the ground that no land is available for regrant and the entire extent of land has been granted earlier by considering the application of the appellants and their tenants and different persons by inspecting the spot. The Deputy Commissioner further held that though the notice was issued to the appellants they did not appear during spot inspection therefore, in the presence of villagers the spot was inspected, the survey was conducted and held that no land is available to consider the case of the appellants. Accordingly, the application alleged to have been filed by the appellants for grant of 35 acres 8 guntas of land in Sy. No. 3 was rejected.