Karnataka High Court
Shri. B. Vijayakumar S/O L S L Prasad vs The State Of Karnataka on 30 November, 2021
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
1
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 30TH DAY OF NOVEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
WRIT PETITION NO.104678 OF 2021 (LR)
BETWEEN
1. SHRI. B. VIJAYAKUMAR
S/O LATE S L PRASAD
AGED ABOUT 50 YEARS,
OCC. AGRICULTURE,
R/AT NO.4, 1ST CROSS, S N PETH,
BEHIND KHB QUARTERS,
BALLARI 583101.
2. SHRI B SANJAYAKUMAR
S/O LATE S L PRASAD
AGED ABOUT 48 YEARS,
OCC. AGRICULTURE,
R/AT NO.4, 1ST CROSS, S N PETH,
BEHIND KHB QUARTERS,
BALLARI 583101.
3. M. SHAILENDRA
S/O. N. KISHORE BABU,
AGED ABOUT 38 YEARS,
OCC: AGRICULTURE,
R/AT HAVAMBHAVI,
OPP: PETROL BUNK,
SHIRUGUPPA ROAD,
BALLARI - 583101.
4. HARI S/O. LATE M. LAXMAN,
AGED ABOUT 46 YEARS,
OCC: AGRICULTURE AND LABOUR IN CMC
R/AT DANAPPA STREET,
COWL BAZAAR, BALLARI-583101.
2
5. DR. MAHENDRANATH REDDY,
AGED ABOUT : 40 YEARS,
OCC: AGRICULTURE,
R/AT DOOR NO.59/XXV,
BESIDE GOVERNMENT YOUTH HOSTEL,
CANTONMENT, BALLARI-583104.
6. SHAHEENA PARVEEN
W/O. LATE MOHAMMAD FEROZ AHAMED,
AGED ABOUT: 58 YEARS,
OCC: PRIVATE WORK
7. MOHAMED FAIZAN AHMED,
S/O. LATE FAIROZ AHMED,
AGED ABOUT 27 YEARS,
OCC: PRIVATE WORK,
BOTH ARE R/BY A1 ITTIHAD ROAD,
A1 NAHDA, GOLDEN SANDS TOWER,
FLOOR 13, AP. NO.1311,
SHARJAH (U.A.E)
PERMANENTLY RESIDENT OF HOUSE
DOOR NO.162/M/1, WARD NO.25,
PRASHANTH NAGAR COLONY,
CANTONMENT, BALLARI - 583104
PETITIONER NOS.6 AND 7
ARE R/BY THEIR GPA HOLDER
S. JAVEED BASHA S/O. S. MASTAN VALI,
AGED ABOUT 43 YEARS,
R/O. HOUSE DOOR NO.162/M,
WARD NO.25, PRASHNATHNAGAR COLONY,
CANTONMENT, BALLARI-583104.
8. K. SAROJA W/O. LATE K. P. OBAYYA,
AGED ABOUT 70 YEARS,
OCC: AGRICULTURE,
R/AT BELAGAL CROSS, TB SANITORIUM,
NEAR LITTLE FLOWER HOUSE,
BALLARI -583102.
...PETITIONERS
(BY SRI. T M NADAF, ADVOCATE)
3
AND
1. THE STATE OF KARNATAKA
R/BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU-560001
2. THE DEPUTY COMMISSIONER,
BALLARI DISTRICT,
BALLARI - 583101.
3. THE ASSISTANT COMMISSIONER,
BALLARI, SUB-DIVISION,
BALLARI - 583101.
4. THE DEPUTY DIRECTOR OF LAND RECORDS,
BALLARI DISTRICT,
BALLARI - 583101.
5. THE TAHSILDAR,
BALLARI, TALUK BALLARI-583101.
6. THE LAND TRIBUNAL, BALLARI,
REPRESENTED BY ITS SECRETARY,
THE TAHSILDAR,
BALLARI - 583101,
BALLARI DISTRICT.
7. THE SUB-INSPECTOR OF POLICE (L&O)
RURAL POLICE STATION,
BALLARI-583101.
8. N. PRATHAP REDDY
S/O. N.GOWRANNA,
AGED ABOUT 54 YEARS, OCC:
R/AT NEHRU COLONY,
BALLARY-583103.
9. N. SYLAJA REDDY
W/O. N. PRATAP REDDY,
AGED ABOUT: 50 YEARS,
4
R/AT NEHRU COLONY,
BALLARI-583103.
HAVALI SIDDAPPA
S/O. MALLESHAPPA
SINCE DECEASED BY HIS LRS.
10. K. MALLIKARJUNA
S/O. HAVALI SIDDAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
11. K. GADILINGA
S/O. HAVALI SIDDAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
12. K. ANJINAMMA
D/O. HAVALI SIDDAPA,
AGED: MAJOR,
OCC: AGRICULTURE,
13. K. MALLAMMA
D/O. HAVALI SIDDAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
ALL ARE RESIDENT OF
NEAR RAMULAMMA TEMPLE,
BANDIHATTI, COWL BAZAR,
BALLARI-583101
YARI BASAPPA S/O. ANJANAPPA
SINCE DECEASED BY HIS LRS.
14. K. VENTAKESH
S/O. YARI BASAPPA
AGED: MAJOR,
OCC: AGRICULTURE,
K. DODDA MANJU
S/O. YARI BASAPPA,
SINCE DECEASED BY LRS.
5
15. LAKSHMI
W/O. K. DODDA MANJU
AGED: MAJOR,
OCC:HOUSEHOLD WORK,
16. MASTER YERISWAMY
S/O. K. DODDA MANJU,
AGED: MINOR,
OCC: STUDENT,
17. KUMARI MALATHI
D/O. K. DODDA MANJU,
AGED: MINOR, OCC: STUDENT.
RESPONDENTS 16 AND 17 ARE MINOR
AND R/BY THEIR NATURAL MOTHER
RESPONDENT NO.15
18. K. SANNA MANJU
S/O. YARI BASAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
19. K. SHEKHARI
S/O. YARI BASAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
20. K. NETHRA
D/O. YARI BASAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
21. K. MALLAMMA
D/O. YARI BASAPPA,
AGED: MAJOR,
OCC: AGRICULTURE,
ALL ARE RESIDENTS OF KATTLER ONI,
NEAR RAMULAMMA TEMPLE,
6
BANDIHATTI, COWL BAZAR,
BALLARI-583101.
...RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 TO R6)
THIS WRIT PETITION IS FILED UNDER ARTICLE 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE
RECORDS FROM THE OFFICE OF THIS HON'BLE COURT IN
W.P.NO.103568/2015 AND 104522-538/2015(LR) AND TO DECLARE
THAT THE ORDER DATED 25.03.2021, IN W.P.NO. 103568/2015 AND
104522-538/2015(LR) IS BINDING ON THE PETITIONERS, PRODUCED
VIDE ANNEXURE-L AND TO RESTORE THE PETITION ON THE FILE BY
SETTING ASIDE/QUASHING THE ORDER DATED 25.03.2021, IN
W.P.NO.103568/2015 AND 104522-538/2015(LR) BY ISSUING A WRIT
IN THE NATURE OF CERTIORARI OR ANY OTHER WRIT OR ORDER/S,
PRODUCED VIDE ANNEXURE-L AND DIRECT THE PETITIONERS
THEREIN TO IMPLEAD THE PETITIONERS HEREIN AS PARTIES IN THE
SAID PETITION AND HEAR THEM BY AFFORDING THEM AN
OPPORTUNITY OF BEING HEARD.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY,
THECOURTMADE THE FOLLOWING:
ORDER
This writ petition is filed challenging the order dated 25.03.2021 passed in W.P.No.103568/2015 & 104522-538/2015 (LR) whereby a direction was issued to competent authority to re-survey the lands bearing Survey No.715 and land bearing 7 Town Survey Nos.1069, 1070 and 1071 and thereafter effect sub-division and demarcate the boundaries of the lands by notifying all the parties in the said writ petitions and other interested parties.
2. The petitioner's grievance is that the respondents 7 to 9 taking advantage of the impugned order are trying to interfere with the possession of the petitioners. This Court has not adjudicated the rights of the respondents 7 to 9. It is for the petitioners herein to establish their rights in the suits filed by them before the competent jurisdictional civil court in accordance with law and the jurisdictional Civil Court shall not be influenced by the order made in the writ petitions and shall independently decide the claim of the parties in accordance with law. With this observation, this writ petition is disposed of.
3. In view of disposal of the writ petition, pending interlocutory applications, if any do not survive for consideration and are dismissed accordingly.
Sd/-
JUDGE yan