G.P. CHANDRASEKHARAPPA Vs. UNION OF INDIA

JUDGEMENT

(1.) In this writ appeal, the respondent Nos.1 and 2 in Writ Petition No.9456 of 2011 have assailed the order of the learned Single Judge dated 11.10.2019 by which the learned Single Judge allowed the Writ Petition and set aside the Order dated 20.06.2008 passed by the Additional District Judge, Shivamogga in Miscellaneous Appeal No.31 of 2001 as well as the Order dated 11.12.2009 passed in Review Miscellaneous No.88 of 2008 and the Order of regrant dated 28.07.2001 passed by the Tahsildar granting 1-20 acres in Sy.No.12 of Islampura village to the respondent Nos.1 and 2.

(2.) The petitioners filed a writ petition challenging the common order dated 20.06.2008 passed by the Additional District Judge, Shivamogga, in Miscellaneous Appeal No.31 of 2001 and also the order dated 11.12.2009 passed by the Additional District Judge, Shivamogga, in Review Misc. No.88 of 2008 and also the order passed by the Tahasildar, Shivamogga, on 28.07.2001 in Case No.VOAC:regrant:CR:7/99- 2000.

(3.) The facts as stated in the writ petition are that the land bearing Sy. No.12 of Islampura village, Shivamogga District, measured 02 Acres 05 guntas of which 01 Acre 28 guntas was acquired for Indian Railways as is evident from the revenue records. It is stated that 17 guntas in Sy. No.12 was regranted to Patel Nanjappa / Manjappa and his brother, Palakshappa (father of respondent Nos.1 and 2) and while doing so, the Tahasildar had recorded a finding that 01 Acre 28 guntas was acquired by the Railways. This order of regrant culminated in the order dated 24.01.1990 passed by the Division Bench of this Court in Writ Appeal No.954 of 1985, where this Court held that 17 guntas in Sy. No.12 excluding the land acquired for the Railways could be regranted to Patel Manjappa. It is stated that not withstanding the above findings, the sons of Palakshappa (respondent Nos.1 and 2) sought for regrant of 01 Acre 28 guntas of land, which was acquired by the Railways, on the ground that the land was still in their possession. The Tahasildar ignoring the previous findings as well as the fact that an earlier application for regrant was already filed, passed an order dated 28.07.2001 granting 01 Acre 20 guntas to the children of Palakshappa (respondent Nos.1 and 2). The petitioners as well as the legal representatives of Patel Manjappa filed two separate appeals in Miscellaneous Appeal Nos.31 of 2001 and 39 of 2001 challenging the order of the Tahasildar. The District Court in terms of its order dated 20.06.2008, dismissed both the appeals though it held that the Tahasildar had no jurisdiction to entertain a second application seeking regrant. The petitioners had filed a review petition before the District Court in Review Miscellaneous No.88 of 2008 which too was dismissed on 11.12.2009 on the ground of limitation. In the meanwhile, the legal representatives of Patel Manjappa had filed writ petition No.11059 of 2008 before this Court and therefore, the petitioners challenged the order of the District Judge and the Order of regrant passed by the Tahasildar before this Court in Writ Petition No.9456 of 2011.