Karnataka High Court
Smt Sujatha vs The State Of Karnataka on 29 July, 2016
Author: S.Abdul Nazeer
Bench: S Abdul Nazeer
1
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 29TH DAY OF JULY, 2016
BEFORE
THE HON'BLE MR. JUSTICE S ABDUL NAZEER
WRIT PETITION NO.33755 OF 2016 (KLR-RES)
Between:
Smt.Sujatha
W/o. Sri.T. Umesh
Age: 45 years
R/at Anepalya, Tumkur Road
NH4, Nagasandra Post
Bangalore - 560 073.
... Petitioner
(By Sri.B. Ravindra Prasad, Adv.)
And:
1. The State of Karnataka
Assistant Director of Land Records
Sub-Division Office
Bangalore North Taluk
Bangalore - 562 157.
2. Smt. Shanthamma
D/o. Smt. Ramiaha
Age: Major
R/at No.43, 3rd Cross
Mysore Road, Bangalore - 560 026.
2
3. Sri.Rangadasappa
S/o. Not known
AgeL Major
R/at No.37, 19th Cross
1st 'A' block, Rajajinagar
Bangalore - 560 010.
4. Sri. Anand
S/o. Late Venkateshappa
Age: Major
No.31, Anchapalya, Nagasandara Post
Tumkur Road, Bangalore - 560 073.
5. Smt. Lingamma
W/o. Not known
Age: Major
R/at Chikkabidarakallu
Anche Palya, Tumkur Road
Bangalore - 560 073.
6. Sri. Vittal Rao
S./o. Not known
Age: Major
R/at No.155, 3rd Main Road
Nrupatunga Road
Bangalore - 560 076.
7 Project Manager
National Highway Authority
Nagasasndra Post, Tumkur Road
Bangalore - 560 07..
8. Smt. Munilakshamma
W/o. Not known
3
Age: Major
R/at Chikkabidarakallu
Anchepalya, Tumkur Road
Bangalore - 560 073.
9. Sri. Kumar
S/o. Not known
Age: Major
C/o. V.K.Bar, Chikkabidarakallu
Anchepalya, Tumkur Road
Bangalore - 560 073
10. Sri. Uday
S/o. Not known
Age Major
C/o. V.K.Bar, Chikkabidarakallu
Anchepalya, Tumkur Road
Bangalore - 560 073
11. Sri.Babu
S/o. Sri. Venkapatta
Age Major
R/at Chikkabidarakallu
Anchepalya, Tumkur Road
Bangalore - 560 073.
... Respondents
(By Sri.T.L. Kiran Kumar, AGA for R1,
Sri.M.Krishnappa, Adv., for R2,
Notice to R3 & R5 is dispensed with v/o.dtd.29.7.16,
R4, R6, R8 to R11 are served)
This writ petition is filed under Articles 226 & 227 of
the Constitution of India, praying to quash the impugned
4
order passed by the R1 dated 01.03.2016 vide Annex-F and
etc.
This writ petition coming on for orders this day, the
Court made the following:
ORDER
I have heard the learned Counsel for the parties.
2. In a proceeding in BSN No.109/2015-16 pending before the ADLR, Bengaluru North Taluk, the petitioner made an application at Annexure-E for her impleadment as an additional respondent. Without considering the application, the ADLR has allowed the application filed by respondent No.2 for phoding the land in question. In the application for impleading at Annexure-E, the petitioner has stated that she is the absolute owner of the land and that her presence is necessary for effective adjudication of the dispute. It is evident that without considering the application of the petitioner, the order 5 impugned has been passed. I am of the view that the ADLR has to reconsider the matter.
3. Therefore, writ petition is allowed. The order at Annexure-F dated 01.03.2016 is hereby quashed. The application at Annexure-E filed by the petitioner for impleadment is allowed. Smt.Sharadamma, who has initiated proceedings before the ADLR, is directed to implead the applicant-petitioner as respondent No.10. The ADLR is directed to consider the rival contentions of the parties and pass appropriate orders thereon in accordance with law. The parties are directed to appear before the ADLR-respondent No.1 on 26.8.2016 without any further notice from him. No costs.
Sd/-
JUDGE SA