Sri Chikkasangappa vs Sri Chikkamunibovi on 14 February, 2020

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Karnataka High Court

Sri Chikkasangappa vs Sri Chikkamunibovi on 14 February, 2020

Bench: B.Veerappa

                          -1-



   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 14TH DAY OF FEBRUARY 2020

                        BEFORE

           THE HON'BLE MR.JUSTICE B.VEERAPPA

             W.P.NO.3634/2020 (KLR-RR/SUR)

BETWEEN:

  1. SRI CHIKKASANGAPPA
     S/O LATE SHIVANNA
     AGE ABOUT 70 YEARS

  2. SRI DODDASANGAPPA
     S/O LATE ANNAYAPPA
     AGE ABOUT 73 YEARS

  3. SMT. SIDDALINGAMMA
     W/O LATE SIDDALINGAPPA
     AGE ABOUT 73 YEARS

  4. SMT PUTTAHONNAMMA
     W/O LATE SANGAPPA
     DEAD BY HER LRS

    4(a). CHANDRASHEKARAIAH
          S/O LATE SANGAPPA
          DEAD BY HIS LRS

    4(a)(1). SRI SANTHOSH KUMAR S C
             S/O LATE CHANDRASHEKARAIAH
             AGE ABOUT 40 YEARS

    4(a)(2). SRI BASAVARAJU S C
             S/O LATE CHANDRASHEKARAIAH
             AGED ABOUT 36 YEARS
                           -2-



  5. SRI C RAJANNA
     S/O LATE CHIKKACHENNAPPA
     AGED ABOUT 76 YEARS

       ALL ARE RESIDING AT
       SUGGATTA VILLAGE
       HUNASEMARANAHALLI POST
       JALA HOBLI
       BENGALURU NORTH (ADDL.) TALUK
       BENGALURU - 560064.
                                       ...PETITIONERS

(BY SRI.NANDA KISHORE, ADV.)

AND:

  1. SRI CHIKKAMUNIBOVI
     S/O LATE BEGURUVABOVI
     AGE MAJOR

  2. SRI GURAPPA
     S/O LATE MUNIVENKATABOVI
     AGE MAJOR

       BOTH ARE RESIDING AT
       SHARADAMMA BUILDING
       DOOR NO.102/5
       MAHESHWARAMMA GUDI BEEDHI
       YELAHANKA OLD TOWN
       BENGALURU.

  3. SRI MUNISWAMAIAH
     S/O LATE MUNIVENKATAPPA
     AGE MAJOR

  4. SRI MUNIKRISHNA
     S/O MUNISHAMAIAH
     AGE MAJOR
                        -3-




5. SRI DINESH KUMAR
   S/O MUNISHAMAIAH
   AGE MAJOR

  RESPONDENTS 3 TO 5 ARE
  R/AT SUGGATTA VILLAGE
  JALA HOBLI
  BENGALURU NORTH (ADDL.) TALUK
  BENGALURU - 560064.

6. SRI MUNIYAPPA
   S/O LATE YALLAPPA
   AGE MAJOR
   R/AT NO.76, TAVAREKERE MAIN ROAD
   3RD CROSS, DRC POST, S G PALYA
   BENGALURU - 560029.

7. SRI MUNIYAPPA
   S/O CHINNABOVI
   AGE MAJOR
   R/AT NO.339, SHANTHIPURA
   HUSKURU POST
   SARJAPURA HOBLI
   ANEKAL TALUK
   BENGALURU - 560100.

8. SRI RAMU S/O MUNIYAPPA
   AGE: MAJOR
   NO.522, NEAR RAMA TEMPLE ROAD
   SHANTHIPURA VILLAGE
   HUSKURU POST
   SARJAPURA HOBLI
   ANEKAL TALUK
   BENGALURU-560100.

9. SRI RAJU
   S/O MUNIYAPPA
   AGE MAJOR
                          -4-



   BASAVESHWARANAGAR
   BENGALURU-560079.

10. SRI HANUMANTHARAYAPPA
    S/O LATE SUBBANNA
    AGE MAJOR

11. SMT. MUNIRATHNAMMA
    W/O LATE RAJANNA
    AGE MAJOR

12. SRI PUTTANNA
    S/O LATE SUBBANNA
    AGE MAJOR

13. SMT. NANJAMMA
    D/O LATE SUBBANNA
    W/O LATE NAGARAJ
    AGE MAJOR

14. SMT. PILLAMMA
    W/O LATE NARASIMHAIAH
    AGE MAJOR

15. SMT. LAKSHMAMMA
    D/O LATE NARASIMHAIAH
    AGE MAJOR

16. SMT. CHANDRAMMA
    D/O LATE NARASIMHAIAH
    AGE MAJOR

17. SMT. ANUSUYAMMA
    D/O LATE NARASIMHAIAH
    AGE MAJOR
                          -5-



   RESPONDENT NO.10 TO 17 ARE
   R/AT SUGGATTA VILLAGE
   HUNASEMARANAHALLI POST
   JALA HOBLI
   BENGALURU NORTH (ADDL.) TALUK
   BENGALURU - 560064.

18. SMT. SIDDAGANGAMMA
    W/O LATE LOKESH
    AGE MAJOR

19. SRI MANJUNATHA
    S/O LATE LOKESH
    AGE MAJOR

   RESPONDENTS 18 AND 19 ARE
   RESIDING AT NO 5/A
   MATHRU LAYOUT, 4TH CROSS
   YELAHANKA NEW TOWN
   BENGALURU - 560064.

20. THE STATE OF KARNATAKA
    REP. BY ITS SECRETARY
    REVENUE DEPARTMENT
    M S BUILDING
    AMBEDKAR VEEDHI
    BENGALURU - 560001.

21. THE DEPUTY COMMISSIONER
    BANGALORE URBAN DISTRICT
    BANGALORE - 560001.

22. THE ASSISTANT COMMISSIONER
    BANGALORE NORTH SUB-DIVISION
    BANGALORE - 560001.

23. THE TAHSILDAR
    BANGALORE NORTH
                                  -6-



     ADDITIONAL TALUK
     YELAHANKA SATELLITE TOWN
     BANGALORE - 560064.
                                                      ...RESPONDENTS

(BY SRI.A.S.PONNANNA, SENIOR COUNSEL A/W
 SRI K.S. HARISH, ADV. FOR C/R10 TO R17
 SRI Y.D. HARSHA, AGA. FOR R20 TO R23)

     THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL
FOR RECORDS OF THE PROCEEDINGS IN RRT(2)(N)
CR.NO.426/2004-05 FROM THE FILE OF THE DEPUTY
COMMISSIONER, BENGALURU URBAN DISTRICT, BENGALURU
RELATING TO THE ORDER DATED 19.12.2019 AND ETC.

     THIS WRIT PETITION COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

                             ORDER

Learned Additional Government Advocate appearing for Respondents No.20, 21, 22 and 23 raised a preliminary objection with regard to maintainability of the writ petition against the order passed by the Deputy Commissioner, whereby, the Deputy Commissioner exercising his powers under Section 71 of the Karnataka Land Revenue Act, 1964 has granted land in favour of the respondents No. 15 to 22 in appeal No.R.R.T.(2)(N.A.) CR.NO.426/2004-05 is not maintainable, as the petitioner have an alternate remedy of -7- appeal before the Karnataka Appellate Tribunal under the provisions of 49(c) of the Karnataka Land Revenue Act, 1964.

2. The said submission is not disputed by the learned counsel for the petitioners and he fairly submits that he may be permitted to withdraw the writ petition, with liberty to the petitioner to avail the alternate remedy of appeal before the Karnataka Appellate Tribunal. The said submission is placed on record.

3. In view of the above, the writ petition is dismissed, with liberty to the petitioners to file an appeal before the Karnataka Appellate Tribunal, as contemplated under law. If any delay in filing the appeal, the petitioner shall file an application for exclusion of time spent before this Court.

Sd/-

JUDGE mpk/-*

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