Vineet Kothari, J. - These writ petitions have been filed by the purchasers - petitioners belonging to Non SC/ST category in this Court on 23.04.2012 with the following prayers:-

" (i) Issue a writ of certiorari or any other writ quashing the order dated 25-7-2008 in No.K.SC.ST.45/2006-07 passed by the Assistant Commissioner, Bangalore South Sub Division, Bangalore a copy of which is produced at Annexure-G.

(ii) Issue a writ of certiorari or any other writ quashing the order dated 2-4-2012 in No.SC.ST(A)153/2010-11 passed by the Deputy Commissioner, Bangalore District a copy of which is produced at Annexure-J.

(iii) Grant such other order or direction as deems fit to grant in the facts and circumstances of the case".

2. Annexure-G order was passed by the Asst.Commissioner on 25.07.2008 against the petitioners - Smt.Jayamma and Others and therefore, they preferred an appeal before the Deputy Commissioner, Bangalore District, Bangalore, as well as the Revision Petition namely, Appeal No.SC.ST (A) 153/2010-11 and Revision Petition No.398/2010-11 and both these Appeal and Revision Petition came to be disposed of by the Deputy Commissioner on 02.04.2012 vide Annexure-J.

3. The relevant operative portion of the order passed by the Deputy Commissioner is quoted below for ready reference:-

" ORDER

I have carefully examined the records and considered the contentions put forth on both the sides.

In the instant case, the Appellant is claiming that the land in S.No.118/1 measuring 2A.05gs., situated at Singasandra village, Begur Hobli, Bangalore South Taluk, that the said land was purchased by Shri. V. Nanja Reddy, husband of the 1st Appellant and father of the Appellants-2 and 3 under the sale deed dated 28-1-1985 from one Shri Doddaramaiah and his family members. When such is the case, the 3rd Respondent has filed the Petition before the Assistant Commissioner, Bangalore South Sub Division, Bangalore in case No.K.SC.S.T.45/2006-07 representing that the said land was granted in favour of one Shri Sonniga s/o Pothaliga during the year 1925 and the said land was inherited by his father Shri Muniswamy; that the said land was alienated in favour of one Shri Channarayappa s/o Sonnegowda under the sale deed dated 25-5- 1946. Accordingly, the Assistant Commissioner having held that since the land is alienated in violation of the provisions of the Act, by his order dated 25-7-2008 has restored the said land in favour of the 3rd Respondent herein. The 3rd Respondent has not produced any documents to support his contention that the land was granted in favour of Shri. Sonniga s/o Pothaliga and the Assistant Commissioner has merely based on the recitals in the sale deed has arrived at the decision impugned herein. Further, though the Appellant was in possession and enjoyment of the land in question she was not a party to the said proceedings. In the circumstances, the order of the Assistant Commissioner is liable to be set aside.

On the contrary it is the contention of the 3rd Respondent that the Appellants have no right and title over the land in S.No.118/2 measuring 2A.05gs., situated at Singansandra village which has been restored in favour of the original grantee or his legal heirs.

According to the proceedings before the Assistant Commissioner, Bangalore South Sub Division, Bangalore in No.K.SC.ST.25/2006-07 dated 25-7-2008, Shri Sriramulu s/o late Muniswamy filed the petition under Section 5 of the Act for restoration of the land in S.No.118 measuring 2A.05gs., situated Singasandra village claiming that the land was alienated in favour of one Shri Channarayappa s/o Sonnegowda under the sale deed No.6265/1945-46 dated 25-5- 1946; that in turn Shri Channarayappa has sold the land in favour of Shri B.C. Ramaiah and on his death the Respondents therein viz., Shri B.R. Rajanna, Shri B. Rangaswamy and Shri B.R. Venugopal sons of Late B.C. Ramaiah have inherited the land.

Whereas Shri V. Nanja Reddy has purchased the land in S.No.118 measuring 2A.05 gs., from Shri Doddaramaiah and his family members under the registered Sale Deed No.6647/84-85 dated 28-1-1985.

According to pucca phodi of the land in S.No.118-Hissa S.No.118/2 is confirmed in the name of Shri Sriramulu s/o Late Muniswamy who was the Petitioner before the Assistant Commissioner. Thus, according to the assignment of Hissa S.No.118/2 measuring 2A.05gs., belongs to Shri Sriramulu and he has claimed the land in S.No.118/2 for restoration. As already said in the proceedings before the Assistant Commissioner in case No.K.SC.ST.25/2006-07, Shri Sriramulu has claimed the land in S.No.118/2 against Sriyuts B.R. Rajanna, Shri B.R. Rangaswamy and Shri B.R. Venugopal, sons of Shri B.C. Ramaiah. The Appellant was not a party in the said proceedings.

Thus, it is clear that Shri V. Nanja Reddy has purchased the land in S.No.118/1 measuring 2A.05gs., from Shri Doddaramaiah and his family members. And that therefore, the Appellant herein cannot put forth her claim in respect of the land in S.No.118/2 involved in case No.K.SC.ST.25/2006-07.

This apart in O.S.No.7415/2008 filed by Smt. Jayamma against Shri Sriramulu is in respect of the Schedule Property bearing S.No.118/1 of Singasandra village, Begur Hobli, Bangalore South Taluk measuring 2A.05gs., purchased by Shri V. Nanja Reddy now claimed by the Appellant herein with the following boundaries:

East by: Remaining extent of S.No.118 (new S.No.118/2)

West by: S.No.117/1 earlier belonged to

Muniswamappa

North by: Road

South by: P.M. Krishnappa and P.M. Channarayappas property Whereas according to the boundaries of the land purchased by Shri Channarayappa under the Sale Deed No.6265/1945-46 dated 25-5-1946 executed by Smt. Kaveramma w/o Sonniga and her son Shri Muniswamy and subsequently sold in favour of Shri B.C. Ramaiah by Shri Channarayappa are as under:

East by: Muninarasas land

West by: Munithanappas land

North by: Road

South by: Basapura village boundary

Thus, the land held by Shri Doddaramaiah (with the above boundaries) is quite different from the land held by Channarayappa and subsequently sold in favour of Shri B.C. Ramaiah (with the above boundaries).

As already said the land held by Shri Sriramulu is assigned new S.No.118/2 measuring 2A.05gs., according to Hissa Phodi.

And the land in S.No.118/1 stood in the name of Shri Doddaramaiah from whom Shri Nanja Reddy has purchased the land in question.

Hence, the Appellant herein cannot claim the land in S.No.118/2 which is involved in the order dated 25-7-2008 in case No.K.SC.ST.25/2006-07 of the Assistant Commissioner, Bangalore South Sub Division, Bangalore.

Apart from the above, the land in S.No.118 is having the total extent of 4A.15gs., of which an extent of 2A.08gs., - 2A.06gs., in S.No.118/1 is standing in the name of Shri V. Nanja Reddy as per MR.No.20/2004-05.

Whereas an extent of 2A.07gs., - 02gs. Kharab = 2A.05gs., in S.No.118/2 is standing in the name of Shri Sriramulu as per MR.No.9/2008-09.

From the above material fact also, it could be said that the Appellants claim would be in respect of the land in S.No.118/1 and not in respect of the land in S.No.118/2.

Thus, on the above narration of the details of the land held by Shri V. Nanja Reddy which is now in possession of Smt. Jayamma w/o Late V. Nanja Reddy and her claim is in respect of the land in S.No.118/1 and it cannot be in respect of the land in S.No.118/2.

Hence, it could be construed that the Appellant has filed this Appeal with misconception much less her claim in the civil suit O.S.No.7415/2008 is also in respect of the land in S.No.118/1 of Singasandra village, Begur Hobli, Bangalore South Taluk.

In the circumstances, it is not necessary to consider the other contentions of the parties in the matter.

For the foregoing reasons, the Appeal does not merit consideration and it is liable to be dismissed.

Accordingly, the Appeal

No.SC.ST.(A)153/2010-11 filed by the Appellant herein is dismissed.

2. No. REVN. PETN.398/2010-11:

This is a Revision Petition preferred under Section 136(3) of the Karnataka Land Revenue Act, 1964 against the Order in No.RA(S)36/2010- 11 dated 26-5-2010 setting aside the Khata effected in MR.No.20/2004-05 in respect of the land in S.No.118/1 measuring 2A.06gs., situated at Singasandra village, Begur Hobli, Bangalore South Taluk in the name of the Petitioner-Smt. Jayamma since in the order dated 21-5-2010 in case No.K.SC.ST.24/2008-09 the alienations of the land in question has been held as null and void as well as ordering to effect the Khata of the land in the name of the original grantee or his legal heirs.

Since, the claim of the Petitioner in case No.Revn.petn.398/2010-11 is against the Respondent therein who is holding the land measuring 2A.05gs., in S.No.118/2 of Singasandra village, Begur Hobli, Bangalore South Taluk, with specific boundaries. The order of the Assistant Commissioner in No.RA.(S)36/2010-11 dated 26-5-2010 by virtue of the order dated 21-5-2010 in case No.K.SC.ST.(S)24/2008-09 holding the alienation of the land in question as null and void as well as ordering to restore the land in favour of the original grantee or his legal heirs. Hence, it is for the parties therein to pursue the matter as they deem fit.

In Appeal No.SC.ST.(A)153/2010-11 as narrated above, the claim of Smt. Jayamma w/o Late Nanja Reddy is in respect of the land in S.No.118/1, but whereas the facts and circumstances of the case relate to the land in S.No.118/2 of Singasandra village which is held by the Respondent herein. Hence, the Revision Petition is also misconceived.

In the circumstances, the Revision Petition is also liable to be dismissed. Accordingly, the Revision Petition is dismissed.

Endorse the parties.

A copy of this order shall be placed in file No.SC.ST.(A)153/2010-11 and No.Revn.Petn.398/2010-11.

Order pronounced in open Court on this the 2nd day of April 2012.

Sd/-

(M.K. Aiyappa)

Deputy Commissioner

Bangalore District".

It may be noted that in SC.ST(A) 153/2010-11, the 3rd Respondent is - Sri.Sriramulu s/o late Muniswamy and in Revn.Petn.398/2010-11, the 3rd Respondent is - Sri.Varjappa s/o Mariyappa.

4. The impugned order passed by the Asst.Commissioner therefore got merged with the appellate order passed by the Deputy Commissioner on 02.04.2012 and did not remain in force at all. As far as the order passed by the Deputy Commissioner vide Annexure-J on 02.04.2012 is concerned, after hearing the learned counsels, this Court is of the clear opinion that the learned Deputy Commissioner had rightly and correctly appreciated the facts on the basis of relevant evidence and found that the sale in favour of the present petitioners in 1985 was only to the extent of 2 Acres and 5 Guntas of land out of the total Sy.No.118, which was measuring 4 Acres and 15 Guntas and which was in Hissa No.118/1 of the said Sy.No.118.

5. The Deputy Commissioner therefore held that the sale in favour of the present petitioners to the extent of 2 Acres and 5 Guntas of the land of Sy.No.118/1 and the remaining land measuring 2 Acres and 5 Guntas after excluding 2 Guntas of Karab land was owned by the 5th Respondent - Sri.Sriramulu s/o late Muniswamy.

6. The Deputy Commissioner therefore held that the petitioners could not claim any right over the portion of land belonged to the 5th Respondent - Sri.Sriramulu in Sy.No.118/2. The 5th Respondent never challenged the sale of 2 Acres and 5 Guntas of land in Sy.No.118/1 in favour of the present petitioners on the anvil of PTCL Act nor the same has been set aside by the Deputy Commissioner.

7. On the contrary, the Deputy Commissioner has correctly and rightly demarcated the two portions of the land and while upholding the sale by the petitioners belonged to non SC/ST category with respect to 2 Acres and 5 Guntas of land in Sy.No.118/1 of Singasandra village, Begur Hobli, Bangalore South Taluk, the remaining 2 Acres and 6 Guntas of land has been held to be in the ownership of 5th Respondent and demarcated as Sy.No.118/2.

8. The appeal of the present petitioners in No.SC.ST(A) 153/2010-11 was accordingly came to be dismissed with the quoted observations above. With the dismissal of their appeal with respect to Sy.No.118/2 also, the learned Deputy Commissioner has rightly held that the Revision Petition filed by the petitioners for change of Khata entries consequent to the order passed by the Asst.Commissioner on 21.05.2010 did not require any interference with respect to the land in Sy.No.118/2 and therefore, the Revision Petition was also dismissed.

9. The word "Respondent" mentioned in the said portion of the order passed by the Deputy Commissioner dismissing the Revision Petition No.398/2010-11, apparently, refers to one Sri.Vajrappa s/o Mariyappa, who has filed another connected W.P.No.41481/2015 (Sri.Vajrappa vs. State of Karnataka & Others).

10. As far as the present writ petitions are concerned, with respect to the rights of the petitioners herein from Smt.Jayamma & others, this Court does not find any error in the impugned order passed by the Deputy Commissioner with respect to Sy.No.118/2 held to be belonging to 5th Respondent - Sri.Sriramulu and as far as the Sy.No.118/1 is concerned, neither the Deputy commissioner has set aside the sale in favour of the petitioners nor has passed any adverse order so as to give any cause of action to the present petitioners to file the present writ petitions. If there is any other proceedings resulting in any adverse order against the present petitioners in respect of the land purchased by them in Sy.No.118/1, they will be free to avail their legal remedy in respect of that land.

11. Therefore, the writ petitions filed by the petitioners are liable to be dismissed and accordingly, they are dismissed and the order of the Deputy Commissioner is upheld. No costs.

In view of the dismissal of the writ petitions, I.A.3/14 and I.A.1/15 do not survive for consideration and the same also stand dismissed.