K V SEETHARAM Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This appeal is filed by the Petitioner in W.P. No. 12628/2008 being aggrieved by the order dated 11-9-2009 wherein the learned Single Judge of this Court has declined to interfere with the order passed by the Special Deputy Commissioner. Bangalore District, Bangalore and has also given certain directions as per the order.

(2.) The Appellant herein filed W.P. No. 12628/2008 being aggrieved by the order dated 30-6-2008 passed by the Special Deputy Commissioner, Bangalore District, Bangalore. It is the case of the Petitioner that the land which belonged to predecessors of the Petitioner measuring 530 acres 24 guntas situated at Pattandur Agrahara village, K.R. Puram Hobli, Bangalore East Taluk and they had absolute title over the property. They had failed to pay the land revenue and arrears of Rs. 248/- was due to be paid and the land was put. to auction inviting bid from the public. Since no public participated, the Tahsildar purchased the property on behalf of the Government and sale deed dated 6-6-1958 came to be confirmed on 29-1-1959. After lapse of nearly 40 years, the Petitioner herein claiming to be one of the legal representatives of the original owner, approached the Deputy Commissioner to set aside the sale and to restore the land in question. The Petitioner had approached this Court on several occasions and after remand from this Court in W.P. No. 9170/2007 by order dated 6-9-2007, the second Respondent rejected the claim of the Petitioner. Therefore, the writ petition was filed contending that the entire property could not have been sold and the value for which the Government has purchased the property has not been done in accordance with Section 171(1) of the Karnataka Land Revenue Act, 1964 (hereinafter called the Act').

(3.) The petition was resisted by the Respondents. The learned Single Judge after considering the contentions of learned Counsel appearing for the parties and the material on record, held that admittedly, there was arrears of land revenue in respect of the land owned by predecessors of the Petitioner amounting to Rs. 248/- and the property was put to sale inviting bid from the public. Since there was no public bid, the Tahsildar himself purchased the property for Rs. 400/- and odd and sale deed dated 6-6-1958 was confirmed on 29-1-1959. The effort is now being made after the lapse of 40 years by the Petitioner claiming to be legal representative of the original owner and at this stage when the property is not in possession of the Government and the land has been allotted to various persons and third party rights have crept in and several transactions have been taken place and interested persons who are proper and necessary parties, who are in possession of the land which belonged to the predecessors of the Petitioner have not been made parties, the question of setting aside the auction at this stage would not arise. However, the learned Single Judge felt that the provisions of Section 171 of the Act had not been complied with and passed the following order: