Karnataka High Court
State Of Karnataka vs Sri.M.Kyathappa on 30 October, 2013
Author: B.V.Nagarathna
Bench: B.V.Nagarathna
1
IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 30TH DAY OF OCTOBER, 2013
BEFORE
THE HON'BLE MRS. JUSTICE B.V.NAGARATHNA
WRIT PETITION NO.46435 OF 2013 (KLR-RR/SUR)
C/W
WRIT PETITION NOS.25663/2011, 26663/2011,
26674/2011, 27295/2011, 27769/2011, 27801/2011,
27810/2011, 27813/2011, 27800/2011, 27814/2011,
28308/2011, 28313/2011, 28322/2011, 28319/2011,
28994/2011, 29017/2011, 29019/2011, 43468/2011,
4123/2012, 4122/2012, 47288/2011, 47287/2011,
31789/2011, 31783/2011, 31792/2011, 31791/2011,
31790/2011, 31782/2011, 31777/2011, 31651/2011,
30867/2011, 29027/2011, 28310/2011 & 29015/2011
WP No.46435/2013:
BETWEEN:
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE-560001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.D.R.RAJASHEKHARAPPA, ADVOCATE)
AND:
1. SRI.M.KYATHAPPA
S/O MUNIYAPPA
AGED ABOUT 53 YEARS
R/A NO.56, AREBINNAMANGALA VILLAGE
2
JALA HOBLI-562149
BANGALORE NORTH (ADDITIONAL) TALUK
BANGALORE DISTRICT
2. THE SPECIAL DEPUTY COMMISSIONER(REVENUE)
BANGALORE DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
2ND FLOOR, DC OFFICE BUILDING
NEAR CITY CIVIL COURT COMPLEX
K G ROAD,
BANGALORE-560009
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DATED 22.4.2010 MADE BY THE
SPECIAL DEPUTY COMMISSIONER, THE 2ND RESPONDENT
VIDE ANN-A AND ETC.
W.P.No.25663/2011:
BETWEEN:
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA,
DR B R AMBEDKAR VEEDHI
BANGALORE 560 001
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.D R RAJASHEKHARAPPA, ADVOCATE)
AND:
1. SRI SONNAPPA
3
S/O MUNISHYAMAPPA
AGED ABOUT 55 YEARS
R/AT AREBINNAMANGALA VILLAGE
JALA HOBLI, BANGALORE NORTH
(ADDITIONAL) TALUK, BANGALORE DIST
2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
2ND FLOOR, DC OFFICE BUILDING,
NEAR CITY CIVIL COURT COMPLEX,
K G ROAD, BANGALORE 560 009.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DTD 8.12.09, MADE BY THE
SPECIAL DEPUTY COMMISSIONER, THE R2 HEREIN, VIDE
ANENX-A TO THE W.P. AND ETC.
W.P.NO.26663/2011:
BETWEEN:
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
DR.B.R.AMBEDKAR VEEDHI
BANGALORE 560001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.D R RAJASHEKHARAPPA, ADVOCATE)
4
AND:
1. SRI M K SHANKARACHAR
S/O KRISHNACHAR
AGED ABOUT 60 YEARS
R/AT AREBINNAMANGALA VILLAGE
JALA HOBLI
BANGALORE NORTH (ADDITIONAL)TALUK
BANGALORE DISTRICT
2. THE SPECIAL DEPUTY COMMISSINER (REVENUE)
BANGALORE DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
2ND FLOOR, DC OFFICE BUILDING
NEAR CITY CIVIL COURT COMPLEX
K.G.ROAD, BANGALORE 560009.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DTD 17.5.10, MADE BY THE
SPECIAL DEPUTY COMMISSIONER, THE R2 HEREIN, VIDE
ANNEX-A TO THE W.P. AND ETC.
W.P.NO.26674/2011:
BETWEEN:
STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
DR B R AMBEDKAR VEEDHI,
BANGALORE 560 001,
REP BY ITS SECRETARY.
... PETITIONER
(BY SRI.D R RAJASHEKHARAPPA, ADVOCATE)
5
AND:
1. SRI.B.C.NARASIMHAMURTHY
S/O CHIKKAMUNIYAPPA
AGED ABOUT 61 YEARS
R/AT AREBINNAMANGALA VILLAGE
JALA HOBLI,
BANGALORE NORTH (ADDITIONAL) TALUK,
BANGALORE DISTRICT.
2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
2ND FLOOR, DC OFFICE BUILDING,
NEAR CITY CIVIL COURT COMPLEX,
K G ROAD, BANGALORE 560 009.
... RESPONDENTS
(BY SRI.A.CHANDRA CHUD, ADV. FOR R1
SRI.KIRAN KUMAR.T.L., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRYAING
TO QUASH THE ORDER DT 17.5.10 MADE BY THE SPECIAL
DEPUTY COMMISSIONER, THE R2 HEREIN VIDE ANNX-A
AND ETC.
W.P.NO.27295/2011:
BETWEEN
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, AMBEDKAR VEEDI
BANGALORE 560 001
REP BY ITS PRINCIPAL SECRETARY
... PETITIONER
6
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE DISTRICT
K G ROAD, BANGALORE 560009
2. SMT MUNIYAMMA
W/O LATE MUNIRAMAIAH
AGED MAJOR
3. SMT KRISHNAMMA
D/O LATE MUNIRAMAIAH
AGED MAJOR
4. SMT YELLAMMA
D/O LATE MUNIRAMAIAH
AGED MAJOR
5. SMT MUNIRATHNA
D/O LATE MUNIRAMAIAH
AGED MAJOR
6. SRI SUNIL
S/O LATE MUNIRAMAIAH
AGED MAJOR
ALL ARE R/OF BAGLUR VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DATED 7.6.10
VIDE ANNX-C AND ETC.
7
W.P.NO.27769/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR AMBEDKAR VEEDI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
K G ROAD,
BANGALROE 560 009
2. SRI H N GOPALA REDDY
S/O LATE NARAYANA REDDY
AGED MAJOR
R/AT HAROHALLI,
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE DISTRICT.
3. SRI AMEER BEIG
AGED MAJOR
R/AT HAROHALLI
SARJAPURA HOBLI
ANEKAL TALUK
BANGALORE DISTRICT
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
SRI.G.MANIVANNAN, ADV FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
8
TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT
DATED 25.1.2010 VIDE ANNEXURE-C AS ILLEGAL AND
CONTRARY TO LAW AND ETC.
WP NO.27801/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, DR. AMBEDKAR VEEDI
BANGALORE-01,
REP. BY ITS SECRETARY.
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DISTRICT
K G ROAD, BANGALORE- 560009.
2. SRI. H P RAJAGOPALA REDDY
S/O H T PILLA REDDY
AGED MAJOR,
R/AT HULIMANGALA VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BANGALORE TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
R2 - SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1, DT.17.5.10,
IN PROCEEDINGS BEARING NO.RRT(2)(A)104/08-09
9
PRODUCED AT ANN-C AS ILLEGAL & CONTRARY TO LAW
AND ETC.
WP NO.27810/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR AMBEDKAR VEEDHI
BANGALORE 560 001,
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
(REVENUE) BANGALORE URBAN DISTRICT
K G ROAD, BANGALORE 560 009
2. SMT MUPPAVARAPU RAMA THULASAMMA
W/O M GOPALA KRISHNA CHOWDHRY
AGED MAJOR
R/AT HULIMANGALA VILLAGE
JIGANI HOBLI, ANEKAL TALUK
BANGALORE DISTRICT.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE IST RESPONDENT
DATED 26.07.2010 IN PROCEEDINGS VIDE ANNEXURE C
AS ILLEGAL AND CONTRARY TO LAW AND ETC.
10
WP NO.27813/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S.BUILDING, DR.AMBEDKAR VEEDI,
BANGALORE 560001
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
(REVENUE) BANGALORE URBAN DISTRICT,
K.G.ROAD,
BANGALORE-560009
2. SRI RUPEN PATEL
S/O P.A.PATEL
AGED MAJOR
RESIDING AT HULIMANGALA VILLAGE
JIGANI HOBLI, ANEKAL TALUK,
BANGALORE DISTRICT
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT
DATED 16.4.2010 VIDE ANNEXURE-C, AS ILLEGAL AND
CONTRARY TO LAW AND ETC.
11
WP NO.27800/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, DR. AMBEDKAR VEEDI
BANGALORE-560 001
REP. BY ITS SECRETARY.
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
BANGALORE URBAN DIST.
K G ROAD, BANGALORE-09
2. SRI. H P RAJAGOPALA REDDY
S/O H T PILLA REDDY
AGED MAJOR,
R/A HULIMANGALA VILLAGE,
JIGANI HOBLI, ANEKAL TALUK,
BANGALORE TALUK
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
R2 - SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT
DATED 17.5.2010 VIDE ANNEXURE-C AS ILLEGAL AND
CONTRARY TO LAW AND ETC.
12
WP NO.27814/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR AMBEDKAR VEEDI
BANGALORE 560 001
REP BY ITS SECRETARY.
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
(REVENUE), BANGALORE URBAN DISTRICT
K G ROAD, BANGALORE 560 009
2. SRI RUPEN PATEL
S/O.P A PATEL
AGED MAJOR, R/AT.HULIMANGALA VILLAGE
JIGANI HOBLI, ANEKAL TALUK
BANGALORE DISTRICT
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT
DATED 16.4.2010 VIDE ANNEXURE-C, AS ILLEGAL AND
CONTRARY TO LAW AND ETC.
WP NO.28308/2011:
BETWEEN:
THE STATE OF KARNATAKA
13
DEPARTMENT OF REVENUE
M S BUIDLINGS
VIDHANA VIDHI, BANGALORE
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.KIRAN KUMAR, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT
DEPUTY COMMISSIONER OFFICE BUILDING
NEAR CITY CIVIL COURT COMPLEX
K G ROAD, BANGALORE
2. SHRI S V BALAKRISHNA
AGED 46 YEARS,
S/O VENKATAPPA
3. SHRI VENKATAPPA
AGED 56 YEARS,
S/O MUNIYAPPA
BOTH ARE R/A BETTAHALASOOR VILLAGE,
JALA HOBLI, BANGALORE NORTH
(ADDL) TALUK, BANGALORE
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 VIDE ANNX-A
DATED 1.2.10 AND ETC.
14
WP NO.28313/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUIDLING, VIDHANA VIDHI
BANGALORE
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.KIRAN KUMAR, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT
DEPUTY COMMISSIONER OFFICE BUILDING,
NEAR CITY CIVIL COURT COMPLEX
K G ROAD
BVANGALORE
2. C MUNIRAJU S/O LATE CHENAPPA
AGED 57 YEARS
R/O CHONAYAKANAHALLI VILLAGE,
KASABA HJOBLI
BANGALORE NORTH TALUK
BANGALORE
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE IMPUGNED ORDER PASSED BY THE R1,
DTD. 24.10.2009 VIDE ANNEX-A AND ETC.
15
WP NO.28322/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUIDLINGS
VIDHANA VIDHI
BANGALORE
R/P BYI TS SECRETARY.
... PETITIONER
(BY SRI.KIRAN KUMAR, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER(REVENUE)
BANGALORE DISTRICT
DEPUTY COMMISSIONER OFFICE
BUIDLING, NEAR CITY CVIIL COURT
COMPLEX, K G ROAD, BANGALORE.
2. SHRI B L GAJENDRA
S/O B S LAKSHMANAPPA
AGED ABOUT 48 YEARS
GUNI AGRAHARA VILLAGE
HESARAGHATTA HOBLI
BANGALORE NORTH (ADDL.) TALUK
BANGALORE.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DATED 3.12.09
VIDE ANNX-A AND ETC.
16
WP NO.28319/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUIDLINGS
VIDHANA VIDHI,
BANGALORE
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.KIRAN KUMAR, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT,
DEPUTY COMMISSIONER OFFICE BUILDING,
NEAR CITY CIVIL COURT COMPLEX,
K G ROAD,
BANGALORE
2. JAYAMMA,
W/O SHRI.B.S.VENKATARAM,
SETTIGERE VILLAGE,
JALA HOBLI,
BANGALORE NORTH TALUK,
BANGALORE.
...RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1,
SRI.A.G.SHIVANNA, ADV. FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY R1 DATED 22.9.10
VIDE ANNX-A AND ETC.
17
WP NO.28994/2011:
BETWEEN:
THE STATE OF KARNATAKA,
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMBEDKAR VEEDI,
BANGALORE. REP. BY ITS SECRETARY.
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT,
K.G. ROAD, BANGALORE.
2. SRI.BHOMMANANDA MANAY &
SMT.SAPNA MANAY,
NO.69, SURVEYOR STREET,
2ND CROSS, BASAVANAGUDI,
BANGALORE - 560 004.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1,
SRI.T.UMA SHANKAR, ADV FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE IST RESPONDENT
DATED 14.12.2009 IN PROCEEDINGS VIDE ANNEXURE C
AS ILLEGAL AND CONTRARY TO LAW AND ETC.
WP NO.29017/2011:
BETWEEN:
THE STATE OF KARNATAKA
18
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMEBEDKAR VEEDI,
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT
K.G. ROAD,
BANGALORE 560 009.
2. SRI.BETTAPPA
S/O A.K THIMMARAYAPPA
AGED MAJOR,
R/AT MARSUR VILLAGE,
KASABA HOBLI,
ANEKAL TALUK,
BANGALORE.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1. DT.30.11.09,
IN PROCEEDINGS BEARING NO.RRT(1)(A)CR155/08-09
VIDE ANN-D AS ILLEGAL & CONTRARY TO LAW AND ETC.
WP NO.29019/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMEBEDKAR VEEDI,
BANGALORE 560 001,
19
REPRESENTED BY ITS SECRETARY.
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT
K.G. ROAD,
BANGALORE 560 009.
2. SRI.RAGHURAM
RESIDENTS OF MANTAP VILLAGE,
JIGANI HOBLI,
ANEKAL TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY R1 DATED 23.11.09
VIDE ANNX-C AS ILLEGAL & CONTRARY TO LAW AND ETC.
WP NO.43468/2011:
BETWEEN:
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
DR B R AMBEDKAR VEEDHI
BANGALORE 560 001
REP. BY ITS SECRETARY.
... PETITIONER
(BY SRI.D R RAJASHEKHARAPPA, ADVOCATE)
20
AND:
1. SHRI MUSTAFA
S/O LATE SABJAN SAB
2. SMT SAYIM SAD
W/O LATE ISHAQ
MAJOR
3. SHRI MOHAMMED KHALID
S/O LATE SABJAN SAB
MAJOR
4. SRI RAHAMATHULLA
S/O LATE SABJAN SAB
MAJOR
5. SRI HYDER ALI
S/O LATE SABJAN SAB
6. SRI KHADER ALI
S/O SABJAN SAB
MAJOR.
ALL R/AT HOSAHALLI VILLAGE,
JALA HOBLI,
BANGALORE NORTH (ADDITIONAL) TALUK,
BANGALORE DISTRICT.
7. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT,
OFFICE OF THE DEPUTY COMMISSIONIER
2ND FLOOR, DC OFFICE BUIDLING,
NEAR CITY CIVIL COURT COMPLEX,
K G ROAD, BANGALORE 560 009.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
21
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DT.21.8.10, MADE BY THE SPECIAL
DEPUTY COMMISSIONER, THE R7 HEREIN VIDE ANN-A TO
THE WP AND ETC.
WP NO.4123/2012:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR. AMBEDKAR VEEDI
BANGALORE -560001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
(REVENUE)
BANGALORE URBAN DISTRICT
K.G. ROAD
BANGALORE -560009
2. SRI.YELLAPPA (SINCE DECEASED)
BY HIS LRs
SMT.SAKAMMA
W/O LATE YELLAPPA
3. SRI.NAGARAJU
S/O LATE YELLAPPA
4. SRI.PAPAIAH
S/O DANA
5. SRI.MUNIYELLAPPA
S/O DANA
22
2 TO 5 ARE R/AT KAGGALIPURA VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
6. SRI. SRIDHARA
S/O SRINIVASAIAH
R/AT 108, 8TH CROSS, 8TH MAIN,
CHAMARAJPET
BANGALORE 560 018.
7. SRI.YELLAPPA
S/O MUNIYAPPA
8. SRI.MUNIYELLAPPA
S/O LATE MUNIYAPPA
9. SRI.MUNIRAJU
S/O LATE MUNIYAPPA
7 TO 9 ARE R/AT HAROHALLI VILLAGE
HUSKUR POST
SARJAPURA HOBLI
ANEKAL TALUK
10. SMT.MUNIYAMMA
W/O SONNAPPA
HAROHALLI VILLAGE
SARJAPURA HOBLI
ANEKAL TALUK
11. SMT.MUNIYAMMA
W/O KRISHNAPPA
NO.233, AYYAPPASWAMY TEMPLE
KADASAPPANAHALLI VILLAGE
KANNUR POST, BIDARAHALLI HOBLI,
BANGALORE EAST TALUK
12. SMT.RUDRAMMA
W/O RUDRAPPA
DOMMASANDRA VILLAGE
23
SARJAPURA HOBLI
ANEKAL TALUK
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
SRI.V.VISHWANATH, ADV FOR R2
SRI.H.P.LEELADHAR & CO, ADVS FOR R7-9)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1, DT.17.6.10,
VIDE ANN-E AS ILLEGAL & CONTRAY TO LAW AND ETC.
WP NO.4122/2012:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR AMBEDKAR VEEDI
BANGALORE 560 001
REP BY ITS SECRETARY
.. PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
(REVENUE) BANGALORE URBAN DISTRICT
K G ROAD, BANGALORE 560 009
2. SRI NARAYANASWAMY
S/O LATE RAMAIAH
NO.3/27 BAGALUR VILLAGE
HOSUR TALUK
KRISHNAGIRI DISTRICT (T.N)
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
24
SRI.D.P.MAHESH, ADV FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY R1 DT 16.8.10 IN
PROCEEDINGS ANNX-C AS ILLEGAL AND CONTRARY TO
LAW AND ETC.
WP.NO.47288/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING
DR AMBEDKAR VEEDI
BANGALORE-560001
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT
K G ROAD
BANGALORE 560 009.
2. SHRI GURUMURTHACHAR
S/O AMMAIYAMMA
(GRANDSON OF LATE PUTTA TAYAMMA)
MAJOR
R/AT SOMANAHALLI VILLAGE
UTTARAHALLI HOBLI
BANGALORE SOUTH TALUK
3. SHRI SACHIDANANDA SWAMY
S/O LATE MADAIAH, MAJOR
R/A NO.668, 45TH CROSS
25
8TH BLOCK, JAYANAGAR
BANGALORE 560 082.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE 1ST RESPONDENT
DATED 30.11.2009 IN PROCEEDINGS VIDE ANNEXURE-B
AS ILLEGAL AND CONTRARY TO LAW AND ETC.
WP NO.47287/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, DR AMBEDKAR VEEDI
BANGALORE 560 001
REP.BY ITS SECRETARY.
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
(REVENUE) BANGALORE URBAN DISTRICT
K.G.ROAD, BANGALORE 560 009
2. SRI GOLLAHALLI MUNIYELLAGA
S/O PAPA
SINCE DECEASED BY HIS LR
SRI ANJANAPPA
3. SRI YELLAGA S/O PAPU
26
SINCE DECEASED
BY LRS SRI ANJANAPPA
4. SRI K N MUNIYAPPA REDDY
S/O NANJAPPA REDDY,
5. K N OBALAREDDY S/O NANJAPPA
ALL ARE RESIDENT KOODLU VILLAGE,
SARJAPURA HOBLI
ANEKAL TALUK.
6. SRI NARAYANSWAMY
S/O LATE RAMAIAH &
SMT MUNIYAMMA
R/O RAYASANDRA VILALGE
SARJAPURA HOBLI,
ANEKAL TALUK, BANGALORE.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
SRI.SANKET M.YENAGI, ADV FOR R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DTD.10.5.10
IN PROCEEDINGS BEARING NO.RRT(2)(A)CR/7/2006-07
VIDE ANNEX-B AS ILLEGAL AND CONTRARY TO LAW AND
ETC.
WP NO.31789/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDHI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY.
... PETITIONER
27
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER(REV)
BANGALORE URBAN DISTRICT
K.G.ROAD,
BANGALORE 560 009
2. SRI KODORI SRINIVAS RAO
S/O K SUBBARAO
AGE ABOUT 42 YEARS
R/AT NO.64, GROUND FLOOR
4TH MAIN, 16TH CROSS,
A.E.C.S. LAYOUT SANJAYNAGAR
RMV II STAGE, BANGALORE 560 094.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
R2 - SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE ORDER PASSED BY THE IST RESPONDENT
DATED 05.12.2009 VIDE ANNEXURE D AS ILLEGAL AND
CONTRARY TO LAW AND ALLOW THE APPEAL AND ETC.
WP NO.31783/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDHI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY.
... PETITIONER
(BY SRI.SAMPATH BAPAT, ADVOCATE)
28
AND:
1. THE SPECIAL DEPUTY COMMISSIONER(REV)
BANGALORE URBAN DISTRICT
K.G.ROAD,
BANGALORE 560 009
2. SRI VENKATARAMAIAH S/O VENKATAPPA
SINCE DEAD BYL RS
a) SMT YELLAMMA W/O VENKATARAMAIAH
AGE: MAJOR
b) SRI MUNIVENKATAPPA
S/O VENKATARAMAIAH
AGE: MAJOR
c) SRI V NARAYANAPPA
S/O VENKATARAMAIAH
AGE: MAJOR
d) SMT VENKATALAKSHMAMMA
D/O VENKATARAMAIAH
AGE: MAJOR
ALL ARE RESIDING AT
THAMMARASANAHALLI VILLAGE,
HESSARAGHATTA HOBLI,
BANGALORE NORTH (ADDL.) TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
SRI.B.M.LOKESH, ADV FOR R2(a)-(d))
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE IST RESPONDENT
DATED 01.04.2010 VIDE ANNEXURE D AS ILLEGAL AND
CONTRARY TO LAW AND ALLOW THE APPEAL AND ETC.
29
WP NO.31792/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDHI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REV)
BANGALORE URBAN DISTRICT
K.G.ROAD,
BANGALORE 560 009
2. SMT SUBBAMMA W/O MUNISHAMAPPA
MAJOR
R/AT KUDURAGERE VILLAGE
JALA HOBLI,
BANGALORE NORTH (ADDL.)TALUK
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DT 4.8.10 VIDE
ANNX-B AS ILLEGAL AND CONTRARY TO LAW AND ALLOW
THE APPEAL AND ETC.
WP NO.31791/2011:
BETWEEN:
THE STATE OF KARNATAKA
30
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REV)
BANGALORE URBAN DISTRICT
K.G.ROAD,
BANGALORE 560 009
2. SRI N B JAGANNATH
S/O N C BASAVARAJU
AGE MAJOR
R/AT MUDDENAHALLI VILLAGE
YELAHANKA HOBLI,
BANGALORE NORTH (ADDL.) TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
SRI.S.SRIRANGA, ADVOCATE FOR JUST LAW)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE IST RESPONDENT
DATED 21.07.2010 VIDE ANNEXURE D AS ILLEGAL AND
CONTRARY TO LAW AND ALLOW THE APPEAL AND ETC.
WP NO.31790/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDHI
BANGALORE 560 001
31
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REV)
BANGALORE URBAN DISTRICT
K.G.ROAD,
BANGALORE 560 009
2. SMT PRATHIPATHI SUBBAYYA @ P SHUBHA
W/O ANJENEYA PRATHIPATHI
AGE MAJOR
R/AT KUDURAGERE VILLAGE
JALA HOBLI,
BANGALORE NORTH (ADDL.) TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DATED 4.8.10
VIDE ANNX-D AS ILLEGAL AND CONTRARY TO LAW AND
ALLOW THE APPEAL AND ETC.
WP NO.31782/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDHI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SAMPATH BAPAT, ADVOCATE)
32
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT
K.G.ROAD,
BANGALORE 560 009
2. SRJI CHIKKAPATALAPPA S/O SEETHAPPA
MAJOR
R/T TARAHUNSE VILALGE
JALA HOBLI, BANGALORE NORTH TALUK.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
R2 - SERVED & UNREPRESENTED)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DATED 17.5.10
VIDE ANNX-C AS ILLEGAL AND CONTRARY TO LAW AND
ALLOW THE APPEAL AND ETC.
WP NO.31777/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M.S.BUILDING, AMBEDKAR VEEDHI
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SAMPATH BAPAT, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT
K.G.ROAD,
33
BANGALORE 560 009
2. SMT SUBBAYAMMA @ P SHUBA
W/O ANJINEYALU
AGE ABOUT 52 YEARS
R/AT NO.67, 3RD CROSS
RAMAKRISHNA GARDEN
GOWRI APARTMENTS
OPP. NEW BEL ROAD,
BANGALORE 560 054
... RESPONDENTS
(BY SRI.KIRAN KUMAR, AGA FOR R1
SRI.M.V.SANTHOSH, ADV FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 DATED 5.12.09
VIDE ANNX-D AS ILLEGAL AND CONTRARY TO LAW AND
ALLOW THE APPEAL AND ETC.
WP NO.31651/2011:
BETWEEN:
STATE OF KARNATAKA
DEPARTMENT OF REVENUE
VIDHANA SOUDHA
DR.B R AMBEDKAR VEEDHI
BANGALORE 560 001
REP.BY ITS SECRETARY.
... PETITIONER
(BY SRI.D R RAJASHEKHARAPPA, ADVOCATE)
AND:
1. SRI NARAYANA SWAMY
SINCE DEAD BY HIS LR
34
SMT SHANTHAMMA
W/O LATE NARAYANA SWAMY,
AGED ABOUT 40 YEARS,
R/AT AREBINNAMANGALA VILLAGE
JALA HOBLI, BANGALORE NORTH
(ADDITIONAL) TALUK,
BANGALORE DISTRICT.
2. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT
OFFICE OF THE DEPUTY COMMISSIONER
2ND FLOOR DC OFFICE BUIDLING,
NEAR CITY CIVIL COURT COMPLEX,
K.G.RAOD, BANGALORE 560 009.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R2)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER DT.13.5.10, MADE BY THE SPECIAL
DEPUTY COMMISSIONER, THE R2 HEREIN, VIDE ANN-A TO
THE WP AND ETC.
WP NO.30867/2011:
BETWEEN:
STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY
REVENUE DEPARTMENT
VIDHANA SOUDHA
BANGALORE
... PETITIONER
(BY SRI.R NAGENDRA NAIK, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER
35
OFFICE OF THE DEPUTY COMMISISONER
K.G.ROAD, BANGALORE DISTRICT
BANGALORE
2. KRISHNAPPA S/O MUNIKULLAPPA
AGED ABOUT
R/A DOMMASANDRA VILLAGE,
BIDARAHALLI HOBLI
BANGALORE EAST TQ.
... RESPONDENTS
(BY SRI.KIRAN KUMAR, AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1 IN
PROCEEDINGS DT.3.5.10 AS PER ANN-A AND ETC.
WP NO.29027/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE
M S BUILDING, DR AMBEDKAR VEEDI
BANGALORE 560001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE URBAN DISTRICT
K G ROAD,
BANGALORE 560 009
2. SRI MUNITHIMMAIAH
AGED MAJOR
36
3. SRI PURUSHOTHAM
AGED MAJOR
4. SRI VASUDEVAIAH
RESPONDENTS 2 TO 4 ARE
R/OF TARALU VILLAGE,
UTTARAHALLI HOBLI,
BANGALORE SOUTH TALUK
5. SMT VIJAYALAKSHMI P GANESHAN
D/O M NAGARAJAN
R/AT NO.296, SAMPIGE ROAD,
MALLESWARAM,
BANGALORE 560003.
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1
SRI.B.N.SURESH BABU, ADVOCATE FOR R5)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY R1 DATED 8.6.09 IN
PROCEEDINGS VIDE ANNX-C AS ILLEGAL & CONTRARY TO
LAW AND ETC.
WP NO.28310/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M S BUILDING, VIDHANA VIDHI
BANGALORE
REP BY ITS SECRETARY
... PETITIONER
(BY SRI.KIRAN KUMAR, ADVOCATE)
37
AND:
1. THE SPECIAL DEPUTY COMMISSIONER (REVENUE)
BANGALORE DISTRICT,
DEPUTY COMMISSIONER OFFICE BUILDING
NEAR CITY CIVIL COURT COMPLEX
K G ROAD, BANGALORE
2. SMT SIDDAMMA D/O LATE RAMAIAH
AGED 49 YEARS
R/O KITTAGANGANAHALLI VILLAGE
ATTIBELE HOBLI
ANEKAL TALUK
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE RESPONDENT
NO.1 DATED 28.7.2009 PRODUCED AT ANNEXURE-A AND
ETC.
WP NO.29015/2011:
BETWEEN:
THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMEBEDKAR VEEDI,
BANGALORE 560 001
REPRESENTED BY ITS SECRETARY
... PETITIONER
(BY SRI.SRIDHAR N HEGDE, ADVOCATE)
AND:
1. THE SPECIAL DEPUTY COMMISSIONER(REVENUE)
BANGALORE URBAN DISTRICT
38
K.G. ROAD,
BANGALORE - 560 009.
2. SRI SHIVARAM
R/OF MANTAP VILLAGE,
JIGANI HOBLI,
ANEKAL TALUK
... RESPONDENTS
(BY SRI.KIRAN KUMAR.T.L., AGA FOR R1)
THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING
TO QUASH THE ORDER PASSED BY THE R1, DT.23.11.09,
VIDE ANN-C AS ILLEGAL & CONTRARY TO LAW AND ETC.
THESE PETITIONS COMING ON FOR ORDERS, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though the Writ Petitions are listed for Preliminary Hearing, learned Counsel on both the sides states that the petitions could be disposed of in terms of the judgment of the Division Bench in W.A.No.793/2012 and connected with other Writ Appeals disposed of on 09.11.2012.
2. These Writ Petitions filed by the State assail the orders passed under Section 136[3] of the Karnataka Land Revenue Act, 1964 (hereinafter referred to as the 39 'Act' for short) passed by the Deputy Commissioner. As against the orders passed in the earlier Writ Petitions filed on behalf of the State, Writ Appeal No.793/2012 and connected Writ Appeals were filed by the State. The Division Bench of this Court of which I was a member disposed of those Writ Appeals permitting the State to withdraw the Writ Petitions as well as the Writ Appeals and also permitted the State to decide the dispute without being influenced in any manner by the orders impugned in the Writ Petitions as well as the observations made in the proceedings under Section 136[3] of the Act. It was also stated that all the parties are at liberty to raise all contentions they are advised to articulate in any future proceeding to be initiated by the State. That apart, while granting the aforesaid permission, the Division Bench also permitted the State to avail either Section 67(2) of the Act or filing a Civil Suit or any other proceeding available to the State. In fact, the order of the Division Bench being a brief order, the entire order is quoted as follows for easy reference.
40
"The proceedings before the learned Single Judge assailed the orders passed under Section 136(3) of the Karnataka Land Revenue Act, 1964 (for short 'the Act'), passed by the Deputy Commissioner and interalia in that regard, found no justification for its intervention in the matter.
2. Briefly stated, the facts are that the Principal Secretary, Revenue Department, Government of Karnataka, had reported the possibility of Government land having been encroached upon by several persons. With regard to this alleged unauthorized occupation of Government land, an enquiry was conducted by the Regional Commissioner and the Tahsildar appears to have reported that the land was a Gomal land and that the revenue entries were bogus. In further proceedings, it was held that there is no warrant for altering the revenue records standing in the name of the respondents respectively. In respect of that decision, Section 136(3) of the Act came to be invoked suo motu by the Deputy Commissioner. That provision however only envisages the calling of records for an examination as to the mutation entries, recorded under Sections 127 and 129 of the 41 Act. This enquiry therefore was necessarily restricted and within narrow compass.
3. During the course of submissions learned Counsel, have taken us through Section 67(2) of the Act, which is nodoubt of much higher amplitude and among other factors, provide for the filing of a Civil suit by any of the parties who may be aggrieved by the decision under that section.
4. It is in these circumstances that these appeals are sought to be withdrawn, under the instructions from the Principal Secretary, Revenue Department, in order to enable the State to avail itself either of the provision of Section 67(2) of the Act or for the filing of a Civil Suit or any other proceeding available to the State.
5. Therefore, it is justifiably submitted that the Writ Petitions itself may be permitted to be withdrawn with the consequence that these appeals shall also stand withdrawn. The Writ Petitions as well as Writ Appeals are dismissed as withdrawn. In these circumstances the Authority or the Court whose jurisdiction may be invoked by the State Government shall decide the dispute without being influenced in any manner by the 42 impugned order or by the observations made in the proceedings under Section 136(3) of the Act. Needless to state that all the parties shall be free to raise whatever contentions they are advised to articulate in any future proceeding, if initiated.
Parties to bear their respective costs."
3. The learned Counsel on both the sides submit that these writ petitions could also be disposed of in terms of the order of the Division Bench.
4. The order of the Division Bench is squarely applicable to these cases also. In that view of the matter, these Writ Petitions are permitted to be withdrawn in terms of the order of the Division Bench. The State is permitted to withdraw these petitions with liberty to initiate any action under Section 67[2] of the Act or by filing a Civil Suit against any of the respondents or initiate any other proceeding available to the State. It is needless to observe that if any such proceeding is initiated by the State, those proceeding would not be influenced by any 43 observations made in the proceeding under Section 136[3] of the Act or by the impugned order.
All contentions of all the parties are left open. Subject to the aforesaid observations, Writ petitions are dismissed as withdrawn.
Sd/-
JUDGE Prs*