Sri M. Sankaranarayanan vs The Deputy Commissioner, Bangalore & ...

2. The relevant facts are that, by a Conveyance Deed dated 25.08.1900, one Lancelot Ricketts sold his property known as “Beaulieu” measuring 24 acres and 12 gunthas situated in Bengaluru. This conveyance deed was executed in favour of the Dewan of Mysore. It is not disputed that thereafter, on various occasions, portions of this Estate were acquired by the erstwhile State of Mysore, both before and after independence.

9. The matter does not end here. As mentioned hereinabove, the total area was 24 acres and 12 gunthas. In the year 1918-19, correspondence was exchanged between the Government of Mysore and the Controller of Palace of Mysore with regard to some encroachment upon the land of the First Princess. Finally, the Government agreed to pay compensation of Rs.2,300/- for the same to the First Princess. Again in 1948 it appears that the State wanted to acquire some portion of the estate. On 11.12.1948, a letter was written by the Huzur Secretary to the Government of Mysore that since the land was part of “Beaulieu” estate which belonged to the First Princess, all correspondence for acquisition of the same be addressed to her. On 06.08.1949, 12680 square yards, out of ‘Beaulieu’ estate were acquired for a sum of Rs.1,95,000/- and the compensation was paid to the First Princess.

5. We, accordingly, allow the appeal and direct that the Appeal No. 690 of 2005, titled as “M. Sankaranarayanan vs. Dy. Commissioner, Bangalore and others” pending before the KAT be transferred to the High Court for its hearing and disposal along with Writ Appeal No. 643 of 2009, titled as “State of Karnataka and another vs. Asha Chakko and others”. The Registrar, KAT shall transfer the record and proceedings of Appeal No. 690 of 2005 to the High Court as expeditiously as may be possible and not later than four weeks from the date of receipt of copy of this order. No costs.” The writ appeal filed by the State of Karnataka in the case of Smt. Asha Chakko was allowed mainly on the ground that the writ petition was not maintainable, since the petitioner had an efficacious alternative remedy of approaching the Tribunal. As far as transferred appeal of appellant M. Sankaranarayanan is concerned, the High Court held that since the appeal had been filed before the Tribunal, it would be proper to remit it back to the Tribunal for decision. Aggrieved by the judgment of the learned Division Bench, these two appeals have been filed.

20. In view of the above discussion, we are clearly of the view that the Division Bench of the High Court erred in setting aside the judgment of the learned Single Judge. It is held that the “Beaulieu” estate was purchased by the Dewan of Mysore on behalf of the First Princess and the consideration was paid from the personal funds of First Princess. Therefore, the State of Karnataka has no right over the property. Consequently, the appeals are allowed and the judgment of the Division Bench of the High Court is set aside and that of the learned Single Judge is restored and the appeal filed by the appellant M. Sankaranarayanan which was transferred to the High Court is decided in terms of the judgments passed by the learned Single Judge and this Court.