MUNIYAMMA Vs. HEMANNA

JUDGEMENT

(1.) WRIT petitioners are aggrieved by the order dated 7 -9 -2004 passed in RA No. 50/2004 -05 by the Assistant Commissioner, Bangalore North vide Annexure -J to the writ petition, whereby the Assistant Commissioner has allowed the appeal of the first respondent and has set aside the order dated 15 -11 -2003 passed by the Tahsildar, Bangalore north additional taluk in RRT(DIS) 32/01 -02, mutating the entries in the revenue records in respect of an extent of 1 acre of land in Sy. No. 4 of Sathanur village, Jala hobli, Bangalore north taluk and also an extent of 2 acres 8 guntas of land in Sy. No. 6 of the very village, in favour of fourth petitioner and have sought for quashing of this order and also further confirmation order dated 22 -6 -2007 [copy at Annexure -A to the writ petition] passed by the special Deputy Commissioner, Bangalore district in Revision Petition No. 97/2004 -05, dismissing the revision petition at the instance of second petitioner and also the order of the passed by the very Deputy Commissioner in the very same common order, allowing Misc Appeal No. 10/2005 -06, that had been filed by the first respondent under Section 89 -C(2) of the Karnataka Cooperative Societies Act, 1959 [for short, the Societies Act]. Writ petitioners have sought for quashing of the order of the Assistant Commissioner and also the special Deputy Commissioner, which are said to be adverse to their interest, on the premise that the writ petitioners had been conferred with occupancy rights in respect of the subject lands and to the extent referred to above as per the order dated 13 -7 -1982 [copy at Annexure -B to the writ petition] passed by the land tribunal, Devanahalli, on an application filed before it by one Muniyappa @ Doomanna s/o Muniswamappa -husband of first petitioner, father of petitioners 2 and 3 and grandfather of fourth petitioner.

(2.) WRIT petitioners have also placed reliance on the order of the Karnataka Appellate Tribunal dated 11 -7 -1980 passed in Appeal No. 544/1979, an appeal filed by the daughters of one Muniswamappa, who, undoubtedly, owned the subject lands to an extent of 3 acres 21 guntas in Sy. No. 4 and 2 acres 8 guntas in Sy. No. 6, having inherited the same in a family partition. In the said appeal, the tribunal had set aside the award dated 4 -11 -1973 passed by in Dispute No. 77/73 -74 by the arbitrator of cooperative societies, Bangalore district, which was an award that had come to be passed at the instance of primary land development cooperative bank limited, Devanahalli on a dispute raised by this bank as against the said Muniswamappa, who had, without any dispute, mortgaged both parcels of these lands in the above mentioned survey numbers in favour of the said cooperative bank and had defaulted in repayment of loan and for recovery of the said amount, the bank had obtained an award as against the borrower Muniswamappa.

(3.) THE developments on the proceedings under the Societies Act are that subsequent to the award dated 4 -11 -1973, which the bank had obtained as against its borrower, it appears, the bank had in execution of the award sought to bring the two parcels of agricultural land to auction through auction sale conducted on 15 -4 -1978 and was sold on 17 -4 -1978 and it is the version of first respondent that he purchased the subject lands in the auction sale and the auction sale was further confirmed on 30 -6 -1978. Thereafter, the auction sale was confirmed by the assistant registrar of cooperative societies, Doddaballapura on 14 -12 -1978 and the same was notified in the gazette dated 28 -12 -1978. Under the sale deed, it appears, the entire extent of the land in the two survey numbers referred to above had been conveyed in favour of first respondent.