Karnataka High Court
Mr. H Kempaiah Since Deceased Rep. By ... vs Additional Land Tribunal on 25 October, 2025
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WA No. 1574 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF OCTOBER, 2025
PRESENT
THE HON'BLE MR. JUSTICE D K SINGH
AND
THE HON'BLE MR. JUSTICE RAJESH RAI K
WRIT APPEAL NO. 1574 OF 2025 (LR)
BETWEEN:
MR. H KEMPAIAH
SINCE DECEASED REP. BY LRs.,
1. YASHODAMMA
W/O LATE H KEMPAIAH,
AGED ABOUT 85 YEARS,
R/AT BAGALUR VILLAGE,
JALA HOBLI, DEVANAHALLI TALUK,
BENGALURU-562 100.
2. K NAGARATHNAMMA
W/O NARAYANASWAMY AND
Digitally D/O LATE H KEMPAIAH,
signed by
VASANTHA AGED ABOUT 65 YEARS,
KUMARY B K R/AT ATTIBELE BILLAGE,
Location:
HIGH SULEBEL HOBLI, HOSKOTE TALUK,
COURT OF BENGAURU RURAL DISTRICT-562 114.
KARNATAKA
3. K VIMALAMMA
W/O LATE JAYARAMAIAH,
D/O LATE H KEMPAIAH,
AGED ABOUT 62 YEARS,
KAIDARA MARG,
GANDHINAGAR BENGALURU-560009.
4. NARAYANA GOWDA
S/O LATE H KEMPAIAH,
AGED ABOUT 59 YEARS,
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BAGALOOR, JALA HOBLI,
DEVANAHALLI TALUK,
BENGALURU-562100.
5. K RADHA
W/O G NARYANGOWDA,
D/O LATE H KEMPAIAH,
AGED ABOUT 56 YEARS,
MATTHAGADAHALLI, KAIVARA HOBLI,
CHINTAMANI TALUK,
KOLAR DISTRICT-563125.
6. MAMATHA
W/O LATE RAMACHANDRAGOWDA,
D/O LATE H KEMPAIAH,
AGED ABOUT 55 YEARS,
NO. 22 II A MAIN,
BENGALURU-560084.
7. SMT K CHANDRIKA
W/O K V SREENIVAS REDDY,
D/O LATE H KEMPAIAH,
AGED ABOUT 52 YEARS,
R/AT YELLUKATTE, SRINGERI TALUK,
CHIKMANGALURU DISTRICT-562101.
8. B K RENUKA
W/O CHANDRASHEKAR
D/O LATE H KEMPAIAH,
AGED ABOUT 52 YEARS,
KANNIGENAHALI
CHIKBALAPURA TALUK,
KOLAR DISTRICT-562101.
REPRESENTED BY APPELLANT NOS.1 TO 8 GENERAL
POWER OF ATTORNEY MR. NARAYANA GOWDA
...APPELLANTS
(BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL ALONG WITH
SMT. NIKITA GANESH, ADVOCATE FOR
SRI. SUNDARA RAMAN M V., ADVOCATE)
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HC-KAR
AND:
1. ADDITIONAL LAND TRIBUNAL
BANGALORE NORTH TALUK,
BENGALURU-560 004.
2. THE STATE OF KARNATAKA
BY THE DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
BENGALURU-560 001.
3. THE TAHSILDAR
BANGALORE NORTH ADDITIONAL TALUK
BENGALURU-560004
MUNIBYRAPPA,
SINCE DECEASED REP. BY LRs.,
M.RAMANNA,
S/O MUNIBYRAPPA,
SINCE DECEASED REP. BY LRs.,
4. SRI GANESH
S/O LATE NARAYANASWAMY
AGED ABOUT 35 YEARS
5. B R MUNIRAJU
S/O LATE RAMANNA
AGED ABOUT 62 YEARS
6. SRI LAKSHMANAGOWDA
S/O LATE RAMANNA
AGED ABOUT 58 YEARS
7. SRI LAKSHMANAMURTHY
S/O LATE RAMANNA
AGED ABOUT 50 YEARS
R-4 TO R-8 ALL ARE
R/AT BUDDIGERE VILLAGE AND POST
CHANNARAYANAPATTNA HOBLI
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HC-KAR
BANGALORE RURAL DISTRICT-573116
M.KRISHNAPPA,
SINCE DECEASED REP. BY LRs.,
SONNAMMA,
SINCE DECEASED REP. BY LRs.,
8. SHRI K SRINIVAS GOWDA
S/O LATE KRISHNAPPA
9. SRI K MANJUNATH
S/O LATE KRISHNAPPA
R/AT BOODIGERE VILLAGE,
CHANNARAYAPATNA HOBLI,
DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT-562100
NANJAPPA,
SINCE DECEASED REP. BY LRs.,
SONAPPA
SINCE DECEASED REP. BY LRs.,
10. SMT BYAYYAMMA
W/O LATE SONNAPPA
11. SHRI T S MUNIRAJAPPA
S/O LATE SONNAPPA
12. SHRI T S NARAYANASWAMY
S/O LATE SONNAPPA
13. SHRI S VEERANNA
S/O LATE SONNAPPA
14. SHRI S MUNIYAPPA
S/O LATE SONNAPPA
15. SHRI VENKATASWAMAPPA
S/O N RAMAIAH
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N RAMAIAH
SINCE DECEASED REP. BY LRs.,
16. SMT KAMALAMMA
W/O LATE N RAMAIAH
AGE ABOUT 63 YEARS
17. SHRI R THYAGARAJ
S/O LATE N RAMAIAH
AGE ABOUT 54 YEARS
18. SHRI R KEMPARAJU
S/O LATE N RAMAIAH
AGE ABOUT 48 YEARS
19. SHRI R NENJEGOWDA
S/O LATE N RAMAIAH
AGE ABOUT 43
20. SHRI R MAHESHGOWDA
S/O LATE N RAMAIAH
AGE ABOUT 40 YEARS
R-16 TO R-20 ALL ARE RESIDING AT
THIRUMALENAHALLI, MANDUR POST,
BIDARAHALLI HOBLI, BANGALORE EAST TALUK
BANGALORE 560049
21. SHRI N KRISHNAPPA
S/O LATE NANJAPPA
22. SRI N RAJANNA
S/O LATE NANJAPPA
N.MUNIRATHNA,
S/O LATE NANJAPPA,
SINCE DECEASED REP. BY LRs.,
23. SMT NANDHINI
W/O LATE MUNIRATHNA
AGED ABOUT 55 YEARS
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24. SHRI M AVINASH
S/O LATE MUNIRATHNA
AGED ABOUT 29 YEARS
25. SRI M RITESH
S/O LATE MUNIRATHNA
AGED ABOUT 29 YEARS
R-25 TO R-27 ALL ARE RESIDING AT
THIRUMALENAHALLI, MANDUR POST,
BIDARAHALLI HOBLI,
BANGALORE EAST TALUK-562129
MUNISWAMAPPA @ DODDANNA
SINCE DECEASED REP. BY LRs.,
SHRI NANJAPPA @ DODDANANJAPPA,
S/O MUNISWAMAPPA @ DODDANNA
SINCE DECEASED REP. BY LRs.,
26. SMT CHIKKAMUNIYAMMA
W/O LATE NANJAPPA @ DODDANANJAPPA
AGED ABOUT 69 YEARS
27. SHRI BYANNA
S/O LATE NANJAPPA @ DODDANANJAPPA
AGED ABOUT 59 YEARS
28. SHRI MUNIRAJU
S/O LATE NANJAPPA @ DODDANANJAPPA
AGED ABOUT 47 YEARS
NARAYANASWAMY,
S/O LATE NANAJAPPA @ DODDANANJAPPA,
SINCE DECEASED REP. BY LRs.,
29. SMT PARVATHAMMA
W/O LATE NARAYANASWAMY
AGE ABOUT 53 YEARS
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30. SHRI RAMESHA
S/O LATE NARAYANASWAMY
AGE ABOUT 29 YEARS
31. SHRI MADHU
S/O LATE NARAYANASWAMY
AGE ABOUT 25 YEARS
CHIKKANNA,
SINCE DECEASED REP. BY LRs.,
32. SHRI NAGARAJU @ NAGARAJAPPA
S/O LATE CHIKKANNA
AGE ABOUT 57 YEARS
33. SHRI JAYARAJU
S/O LATE CHIKKANNA
AGE 52 YEARS
34. SRI SHEKARA
S/O LATE CHIKKANNA
AGE 46 YEARS
R-32 TO R-34 ARE RESIDING AT
THIRUMALENAHALLI MANDUR POST,
BIDARAHALLI HOBLI,
BENGALURU EAST TALUK-562 129
T.KEMPARAJU,
SINCE DECEASED REP. BY LRS.,
35. SMT SHANTHAMMA
D/O LATE KEMPARAJU
AGE ABOUT 62 YEARS
36. SMT MANJULA
D/O LATE KEMPARAJU
AGE ABOUT 54 YEARS
37. SMT THYAGARI G K
S/O LATE KEMPARAJU
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AGED ABOUT 58
38. SMT GEEETHA
D/O LATE KEMPARAJU
AGED ABOUT 53 YEARS
39. SMT NALINA
D/O LATE KEMPARAJU
AGED ABOUT 59 YEARS
40. SMT. SUJATHA
W/O LATE NARAYANASWAMY
AGED ABOUT 59 YEARS
41. SRI NAVEEN
S/O LATE NARAYANASWAMY
AGED ABOUT 36 YEARS
42. SRI MANOHAR
S/O LATE NARAYANASWAMY
AGED ABOUT 34 YEARS
43. MS.SOWMYA
D/O LATE NARAYANASWAMY
AGED ABOUT 32 YEARS
R-39 TO 45 ALL ARE
RESIDING AT GANAGALOUR VILLAGE,
KASABA HOBLI, HOSKOTE TALUK
BENGALURU RURAL DISTRICT - 562114
...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R-1 TO R-3)
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP
NO.23144/2017 AND SET ASIDE THE ORDER DATED
27/09/2024 BY THE LEARNED SINGLE JUDGE IN WP
NO.23144/2017 AND ETC.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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WA No. 1574 of 2025
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CORAM: HON'BLE MR. JUSTICE D K SINGH
and
HON'BLE MR. JUSTICE RAJESH RAI K
ORAL JUDGMENT
(PER: HON'BLE MR. JUSTICE D K SINGH) The instant writ appeal has been filed along with I.A.No.1/2025 seeking to condone the delay of 326 days, impugning the judgment and order dated 27.09.2024 passed in W.P.No.30369/2017 c/w W.P.No.23144/2017 and 24109/2017 and 27409/2017.
2 For the sake of convenience the parties are referred to as per their ranking before the learned Single Judge.
3. The above mentioned writ petitions were filed by the petitioners claiming occupancy rights over the land bearing Survey Nos.1 to 104 of Chalamakunte, Jala Hobli, Bengaluru North Taluk admeasuring 501 acres 5 guntas. The learned Single Judge vide common judgment and order impugned in this writ appeal allowed W.P. Nos.30369/2017, 27409/2017, 24109/2017 and disposed
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NC: 2025:KHC:42349-DB WA No. 1574 of 2025 HC-KAR off W.P.No.23144/2017. The operative portion of impugned judgment and order passed by the learned Single Judge reads as under :-
"1) Writ Petition No.27409 of 2017 is allowed and finding recorded by the Land Tribunal, Bengaluru North (Additional) Taluk, Bengaluru in the impugned order dated 22nd May, 2017 in Case No.INA.CR.01/1997-98 is set-aside in respect of claim made by the petitioner-T. Kemparaju and therefore, Revenue Authorities are directed to mutate the records in the name of legal representatives of T. Kemparaju in respect of the land to an extent of 160 acres, which is the subject matter in Original Suit No. 93 of 1953, (Execution Petition No. 151 of 1964;
2) Writ Petition Nos.30369 of 2017 and 24109 of 2017 are allowed by setting aside the order dated 22nd May, 2017 in Case No. INA.C.R.01/97-98 and matter is remitted to the Land Tribunal for fresh consideration in respect of claim made by the predecessors of petitioners in the light of observation made above, excluding the land to an extent of 160 acres, which is the subject matter in Original
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NC: 2025:KHC:42349-DB WA No. 1574 of 2025 HC-KAR Suit No. 93 of 1953, (Execution Petition No. 151 of 1964;
3) Writ Petition No.23144 of 2017 is disposed of and matter is remitted to the Land Tribunal in entirety for fresh consideration in respect of claim made by H. Kempaiah, excluding the subject matter of land in Original Suit No.93 of 1953 (Execution Petition No.151 of 1964) in light of the observation made above;
4) The respondent-Land Tribunal is directed to expedite the hearing and dispose of the matter at the earliest in respect of the remaining land left out after excluding the land to an extent of 160 acres, which is the subject matter in Original Suit No.93 of 1953, (Execution Petition No. 151 of 1964."
4. The present appellants who were the respondents in W.P.Nos.30369/2017 and 23144/2017 and petitioner in the W.P.No.24109/2017 have filed W.A.No.1678/2024 impugning the said judgment and order dated 27.09.2024. The said writ appeal came to be allowed vide judgment dated 28.05.2025 and the judgment passed by the learned
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NC: 2025:KHC:42349-DB WA No. 1574 of 2025 HC-KAR Single Judge was set aside. The said judgment passed by the Division Bench in W.A.No.1678/2024 came to be challenged before the Supreme Court by filing Special Leave to Appeal (C) in No.21460/2025 and the Supreme Court vide judgment dated 28.08.2025 dismissed the said appeal as withdrawn with liberty to file review petition. The Supreme Court also clarified that all contentions were left open in the review petition.
5. Now the very same appellant who was the appellant in W.A.No.1678/2024 has filed the present appeal challenging the said judgment and order. We fail to understand that what prevented the appellant to challenge the said judgment and order in respect of W.P.No.23144/2017. The appellant cannot be allowed to challenge the very same impugned judgment and order in bits and pieces. Once the said judgment has been set aside vide judgment and order passed by the co-ordinate Division Bench in W.A.No.1678/2024, the second appeal by the same appellant would not be maintainable. Even
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NC: 2025:KHC:42349-DB WA No. 1574 of 2025 HC-KAR otherwise, there is delay of nearly one year in filing the instant appeal, therefore we dismiss the appeal on the ground of delay as well as on maintainability.
6. In view of disposal of the appeal, pending I.As, if any, stand disposed of.
Sd/-
(D K SINGH) JUDGE Sd/-
(RAJESH RAI K) JUDGE NG List No.: 1 Sl No.: 13