G.S. NARAYANA RAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Seeking for quashing order dtd. 7/3/2018 passed by I Additional District Judge, Bengaluru Rural District, Bengaluru, in M.A.no.39/2007, at Annexure - A and for quashing order dtd. 16/4/2007 passed by respondent no.2, in proceeding no.HOA CR 26/06-07, at Annexure - B, this writ petition was filed.

(2.) Sri. N.D. Vinaya Kumar, learned counsel for petitioner submitted that lands bearing Sy.no.63 and 82 of Bommenahalli, Bidarahalli Hobli, Bengaluru East were Shanbhog Inam lands of his father and ancestors, who were working as Shanbhogs. Upon coming into force Karnataka Village Offices Abolition Act, 1961 (for short 'KVOA Act'), they vested with State. And that petitioner's father had sought re- grant. Since there was no consideration, after death of his father petitioner submitted representation to respondent no.2 to consider his claim. Due to inaction, he filed W.P.no.47772/2004 for direction. Said writ petition was disposed on 3/12/2004 directing respondent no.2 to examine whether claim for re-grant was genuine and filed in time and to pass appropriate orders thereon. It was submitted that respondent no.2 passed order dtd. 16/4/2007 rejecting application on ground that Sy.nos.63 and 82 were not Inam lands. Said order was confirmed in M.A.no.39/2007 disposed of on 19/2/2009.

(3.) Upon said orders being challenged before this Court in W.P.no.4822/2009, matter was remanded back to respondent no.2 for fresh consideration in light of material to be placed by petitioner. It was submitted that though petitioner produced ample records, without proper consideration, respondent no.2 proceeded to reject application recording finding that petitioner had failed to establish that Sy.nos.63 and 82 of Bommenahalli village were Inam lands by passing order dtd. 16/4/2007 at Annexure-B.