MANJAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THESE two appeals are taken up for final hearing with the consent of the counsel appearing for the parties and disposed of by this common order as they are interconnected.

(2.) MANJAPPA, son of Huchoobappa, resident of Chiradoni village, Chanagiri Taluk, davanagere District, is the owner of the land measuring 3 Acres 26 Guntas in Sy. No. 62 situate at Hire Kurabara Halli village, chennagiri Taluk, Davanagere District. Earlier, Chennagiri taluk was in Shimoga District and after formation of Davanagere District. It has come within the newly formed davanagere District. The said land was purchased by Manjappa, the father of the appel-lant-Basamma under the registered sale deed dated 1-5-1967 for a consideration of Rs. 3,000/- from B, Nagappa, son of Gangappa, and since the date of the said sale deed, manjappa was in possession and enjoyment of the said land and was paying taxes in respect of the land and khata was also in his name. Respondent No. 4 - Parashuramappa, son of Nagappa, made a petition to the Deputy commissioner, Davanagere District, for Police help against Manjappa, so as to enable him to cultivate the land. In response to the same, the Deputy Commissioner addressed a letter on 18-3-2002 to the Superintendent of police, Davanagere, for issuing directions to the Sub-Inspector of Police, Basavapatna, channagiri Taluk, to give police protection to Parashuramappa, for cultivating the land measuring 3 Acres 28 Guntas in Sy. No. 62 situate at Hire Kurubara halli village, channagiri Taluk, Davanagere District. The said order of the Deputy Commissioner directing the Superintendent of Police to give protection to Parashuramappa was challenged in W. P. No. 16052/2002 by Manjappa. The said writ petition was dismissed by the learned single Judge of this Court by order dated 10-2-2004, holding that Parashuramappa (respondent No. 4 in the writ petition) belongs to the weaker section of the community and though the authority under the Karnataka Scheduled castes and Scheduled Tribes (Prohibition of transfer of Certain Lands) Act, 1978, (hereinafter referred to as 'the Act') restored possession of the and in question to respondent no. 4 - Parashuramappa, Manjappa, the petitioner being a powerful man never allowed him to cultivate the same and under the circumstances, the Deputy Commissioner was right in ordering to give police protection to parashuramappa.

(3.) MANJAPPA, the writ petitioner in W. P. No. 16052/2002 died on 8-12-2003 and his daughter - Basamma succeeded to the property owned by Manjappa and she continued in possession of the land comprised in Sy. No. 62 measuring 3 Acres 25 Guntas situate in hire Kurubara halli village, Basavapatna hobli, Channagiri Taluk, Davanagere District. A notice addressed to Manjappa, son of huchoobappa dated 8-9-2006 was issued by the Revenue Inspector, Basavapatna Hobli, channagiri Taluk, stating that there was an order passed under the Act on 23-8-2006 restoring the land in Sy. No. 62 measuring 3 acres 25 Guntas situate at Hirekurubarahalli in favour of Parashuramappa and therefore, manjappa was called upon to hand over possession of the said land to Parashuramappa, failing which, it was stated that action would be taken against him in accordance with law. Being aggrieved by the said notice, Basamma filed Writ Petition No. 2249/2007. Learned single Judge after hearing the learned counsel appearing for the parties and on appreciation of the material on record, held that the father of the petitioner-Manjappa had already filed W. P. No. 16052/2002, which was dismissed by order dated 10-2-2004 and that has become final as Manjappa did not choose to challenge the same in appeal and since there is a finding that the sale made in favour of manjappa has been set aside by passing an order under the Act and land in question has been restored in favour of the 4th respondent-Parashuramappa, the writ petition could not have been filed by the daughter of Manjappa and accordingly, dismissed the writ petition by imposing cost of Rs. 5,000/ -.