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Karnataka High Court

The Konappana Agrahara Grama ... vs The Special Deputy Commissioner ... on 22 April, 2014

Bench: Chief Justice, B.V.Nagarathna

                            -1-


     IN THE HIGH COURT OF KARNATAKA AT BANGALORE
           DATED THIS THE 22ND DAY OF APRIL 2014
                          PRESENT
        THE HON'BLE MR.D.H.WAGHELA, CHIEF JUSTICE
                            AND
         THE HON'BLE MRS.JUSTICE B.V.NAGARATHNA
      WP No.9845/2010 c/w WA No.2477/2010 (GM-KIADB)

In WP No.9845/2010

BETWEEN :

1.     THE KONAPPANA AGRAHARA GRAMA PANCHAYATH
       KONAPPANA AGRAHARA, BEGUR HOBLI
       BANGALORE SOUTH TALUK
       REPRESENTED BY ITS SECRETARY

2.     THE PRESIDENT
       THE KONAPPANA AGRAHARA GRAMA PANCHAYATH
       KONAPPANA AGRAHARA, BEGUR HOBLI
       BANGALORE SOUTH TALUK
                                           ... PETITIONERS

(By Sri.C M NAGABHUSHANA, ADV.)

AND

1.     THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
       BANGALORE URBAN DISTRICT
       KEMPEGOWDA ROAD
       BANGALORE-560009

2.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS SECRETARY
       DEPARTMENT OF REVENUE
       M.S.BUILDINGS
       BANGALORE-560001

3.     THE SECRETARY TO GOVERNMENT
       PRIMARY & SECONDARY EDUCATION
       SACHIVALAYA-II, M.S.BUILDINGS
       BANGALORE-560001
                              -2-

4.   K S BHASKAR S/O LATE KORAGAIAH SHETTY
     AGED ABOUT 50 YEARS
     R/AT NO.176/73, 55TH CROSS
     4TH BLOCK, RAJAJINAGAR
     BANGALORE-560010

5.   MANJUNATH K SHETTY S/O LATE KORAGAIAH SHETTY
     AGED ABOUT 47 YEARS
     R/AT NO.176/73, 55TH CROSS
     4TH BLOCK, RAJAJINAGAR
     BANGALORE-560010

6.   THE KARNATAKA INDUSTRIAL AREAS DEVELOPMENT BOARD
     NO.14/3, 2ND FLOOR
     RASHTROTHANA PARISHATH BUILDING
     NRUPATHUNGA ROAD,
     BANGALORE-560001
     REP. BY ITS CHIEF EXECUTIVE OFFICER AND
     EXECUTIVE MEMBER

7.   H GOPAL REDDY
     SINCE DECEASED BY HIS LR
     SMT. GOWRAMMA
     AGED ABOUT 50 YEARS
     R/A GOVINDASETTY PALYA
     SINGASANDRA POST, BEGUR HOBLI
     BANGALORE SOUTH TALUK-560 068
                                              ... RESPONDENTS

(By Sri SATHISH M DODDAMANI, ADV. FOR R.4, 5 & 7
Sri.A.S.PONNANNA, PRL.GA FOR R.1 TO 3
SRI.BASAVARAJ V.SABARAD, ADV. FOR R.6 - Vakalat not filed)


      THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND
 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE
SALE DEED DATED 17.07.2009 EXECUTED BY R6 IN FAVOUR R7,
REGISTERED AS DOCUMENT, STORED IN NO.BGR-1-00942/2009-
2010 STORED IN CD NO.BGRD24 IN THE OFFICE OF THE SR.SUB
REGISTRAR, BEGUR, BANGALORE AT ANNEXURE-J AND QUASH THE
SALE DEED DATED 08.10.2009 EXECUTED BY R7 IN FAVOUR OF R4
& 5, REGISTERED AS DOCUMENT NO.BGR-1-02364/09-10, STORED
IN CD.NO.BGRD28, IN THE OFFICE OF THE SR.SUB REGISTRAR,
BEGUR, BANGALORE AT ANNEXURE-N AND ETC.,
                             -3-

In WA No.2477/2010

BETWEEN :

1.   KONAPPANA AGRAHARA GRAMA PANCHAYAT
     KONAPPANA AGRAHARA, BEGUR HOBLI
     BANGALORE SOUTH TALUK
     BY ITS SECRETARY

2.   KONAPPANA AGRAHARA GRAMA PANCHAYAT
     KONAPPANA AGRAHARA, BEGUR HOBLI
     BANGALORE SOUTH TALUK
     BY ITS PANCHAYAT DEVELOPMENT OFFICER,
     I VEERA SHETTY
                                             ... APPELLANTS
(By Sri C M NAGABUSHANA, ADV.,)

AND :

1.   H GOPALA REDDY
     AGED ABOUT 64 YEARS
     S/O LATE MR HANUMAPPA REDDY
     R/AT GOVINDASETTY PALYA, SINGASANDRA POST,
     BEGUR HOBLI, BANGALORE SOUTH TALUK,
     BANGALORE ,BY HIS GPA HOLDER
     K.S.BHASKAR

2.   SRI. K S BHASKAR
     S/O LATE KORAGAIAH SHETTY
     AGED ABOUT 50 YEARS
     R/O # 176/73, 55TH CROSS
     4TH BLOCK, RAJAJINAGAR
     BANGALORE-560 010

3.   SRI. MANJUNATH K SHETTY
     S/O LATE KORAGAIAH SHETTY
     AGED ABOUT 47 YEARS
     R/O # 176/73, 55TH CROSS
     4TH BLOCK, RAJAJINAGAR
     BANGALORE-560 010

4.   THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
     BANGALORE URBAN DISTRICT
     K G ROAD, BANGALORE
                            -4-



5.   STATE OF KARNATAKA
     REPRESENTED BY ITS REVENUE SECRETARY
     REVENUE DEPARTMENT
     M S BUILDING, DR AMBEDKAR ROAD
     BANGALORE-560001

6.   THE SECRETARY TO GOVERNMENT
     PRIMARY & SECONDARY EDUCATION
     SACHIVALAYA II, M S BUILDING
     BANGALORE-560001

7.   THE KARNATAKA INDUSTRIAL AREAS
     DEVELOPMENT BOARD,
     NO.14/2, II FLOOR, RPG BUILDING
     NRUPATHUNGA ROAD
     BANGALORE-560001
     REPRESENTED BY ITS SECRETARY

8.   SCHOOL DEVELOPMENT
     MONITORING COMMITTEE (SDMC)
     KONAPPANNA AGRAHARA
     BANGALORE
     BY ITS SECRETARY
                                            ... RESPONDENTS

(By Sri SATISH M DODDAMANI, ADV. FOR R1-3
Sri.BASAVARAJ V.SABARAD, ADV. FOR R.7
SRI.K.S.UDAY, ADV. FOR R.8
SRI.A.S.PONNANNA, PRL.GA FOR R.4 TO 6)


     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH
COURT ACT PRAYING TO SET ASIDE THE ORDER PASSED IN THE
WRIT PETITION NO.27617/2009(KLR) DATED 15/04/2010.


     THIS WRIT PETITION AND THE WRIT APPEAL COMING ON
FOR ORDERS THIS DAY, CHIEF JUSTICE MADE THE FOLLOWING:
                             -5-


                           ORDER

D.H.WAGHELA, C.J. (Oral) :

The respondents having no objection, the petition as well as the appeal are dismissed as withdrawn.

Sd/-

CHIEF JUSTICE Sd/-

JUDGE mv