REVAJEETHU BUILDERS AND DEVELOPERS Vs. S VASUDEVA

JUDGEMENT

(1.) These appeals are directed against the common order dated 8-9-1989 passed by a learned Single Judge of this Court in W.Ps. Nos. 8546 to 8548 of 1988 connected with W.P. No. 15377/1988, allowing the writ petitions partly and disallowing a certain prayer of the petitioners therein. In the result, the aggrieved 5th respondent in W.P. Nos. 8546 to 8548/1988, M/s. Revajeethu Builders and Developers (hereinafter referred to as 'Revajeethu' for short) has preferred Writ Appeals Nos. 2071 to 2074/1989 arising out of the said writ petitions as well as W.P. No. 15377/1988. Writ Appeals Nos. 2059 to 2062 of 1989 are preferred by the 4th respondent in W.Ps. Nos. 8546 to 8548/1988, viz., M/s. Narayanaswamy and Sons. Writ Appeals Nos. 2083 to 2085/1989 are preferred by the writ petitioner in W.Ps. Nos. 8546 to 8548/1988 to the extent of one of his prayers or relief prayed for by him being refused. Similarly, Writ Appeal No. 1928/1989 is preferred by the petitioners in W.P. No. 15377/1988 being denied a similar relief prayed for by them, as the petitioner in W.Ps. Nos. 8546 to 8548/1988.

(2.) We propose to dispose of the afore mentioned appeals by the following common order as they arise out of the common order passed in the said writ petitions. In the course of this common order, we propose to refer to the parties by the ranks assigned to them in the writ petitions - or by any other appropriate expression used for brevity.

(3.) The facts leading to the writ petitionsin brief are as follows. One Shri S. Vasudeva, an advocate, practising before this Court presented writ petitions as aforesaid seeking inter alia quashing of two orders of the Government dated 6-3-1987 and 18-4-1987 bearing G. No. 11 CEI 87, produced as Annexures J and K in his writ petitions, made in purported exercise of its power under sub-section (1) and 1(a) of Section 20 of the Urban Land (Ceiling and Regulation) Act, 1976,(hereinafter referred to as the Act). The first of the orders permitted the 4th respondent M/s. Narayanaswamy and Sons in the aforementioned writ petitions to sell an extent of 16,194 sq. metres of vacant land comprised in S. Nos. 6/1 and 6/2 of Dasarahalli, VI Block, Jayanagar, Bangalore. By the other order the State Government permitted the said 4th respondent to sell an extent of 3,444 sq. metres of vacant land comprised in the very same survey numbers to the 5th respondent as well as granted exemption to that extent of land from the ceiling provisions of the Act. Pursuant to these orders, the said 4th respondent sold to the 5th respondent-Revajeethu an extent of 5 acres 24 guntas comprised in the said S. Nos. 6/1 and 6/2 for a consideration of Rs. 90 lakhs. The certified copy of the sale deed in question as well as the plan annexed thereto of the vacant land was produced as one of the annexures to the petitions of Shri Vasudeva. The petitioner Shri S. Vasudeva was not personally aggrieved by the aforementioned orders and the sale deed, as he had no personal interest in the lands that formed the subject matter of the orders as well as the sale deed. He had presented the writ petitions inter alia contending that the orders in question had been passed by the 1st respondent-State of Karnataka (hereinafter referred to as the State Government) in mala fide exercise of its powers without due application of mind and without taking into consideration the public interest and in contravention of the express provisions and the objects of the Act. Therefore, he prayed for as many as 9 reliefs in the aforementioned writ petitions in public interest and the reliefs prayed for were as follows: (a) A writ of mandamus directing the respondents 1 to 3 to take action for forfeiture of the land for contravention of Section 79 of the Karnataka Land Reforms Act; (b) A writ of mandamus directing the respondents 1 to 3 to acquire the land for the purpose of weaker section under the provisions of the Urban Land (Ceiling and Regulation) Act; (c) By a writ of certiorari to quash the order No. HUD. CE. 11/87 dated 6-3-1987 and No. HUD. CE. 11/87 dated 18-4-1987 granting exemption from the preview of the Urban Land (Ceiling and Regulation) Act, under Section 20(1) (a) and (b) of the Urban Land (Ceiling and Regulation) Act, issued by the Under Secretary, Housing and Urban Development Department, Government of Karnataka, Bangalore; (d) Directing the 9th respondent to initiate proceedings against the 5th respondent and 4th respondent under Chapter XXC of the Income Tax Act which came into force on 1-10-1987 in relation to the sale deed executed by the 4th respondent in favour of the 5th respondent registered on the 30th September, 1987 before the Sub-Registrar, Jayanagar, Bangalore, registered as Document No. 1928/87-88 of Book-I, Volume 1116, pages 65 to 83 on 30-9-1987; (e) Directing the 10th respondent to hold an enquiry into the Benami Transaction entered into between the 5th respondent and others in respect of the purchase of land in question under the registered sale deed dated 30-9-1987 and formation and constitution of partnership as on 30-9-1987 and initiate action in accordance with law; (f) To declare the sale deed dated 30-9-1987 executed by M/s. Narayanaswamy and Sons in favour of the 5th respondent as null and void; (g) And to grant any other writ, order or direction as deemed fit under the facts and circumstances of the case, in the interest of Justice; (h) an appropriate writ, order or direction to the 7th respondent to initiate action under Section 45(A) of the Karnataka Stamp Act, 1957 against the respondents 4 and 5; (i) appropriate writ or direction to the first respondent to take action under Section 6 of the Karnataka Parks Playfields, and Open Spaces (Reservation and Regulation) Act, 1985 against the respondents Nos. 4 and 5 in respect of lands measuring 60' x 156' earmarked for Bouleward in S. Nos. 6/1 and 6/2 of Dasarahalli Village, Uttarahalli Hobli, Bangalore South, situated on the eastern side of the said survey lands."