Karnataka High Court
Sri. Gangaraj Shiravara vs The Tahsildar on 23 March, 2021
Author: Satish Chandra Shetty
WA 141/2021
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH, 2021
PRESENT
THE HON'BLE MR.JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
W.A.No.141/2021 (GM-CPC)
BETWEEN:
1. Sri Gangaraj Shiravara,
Son of Late Nagappa,
Aged about 46 years,
Veerabhadranapalya,
10th Ward, Doddaballapura,
Doddaballapura Taluk,
Doddaballapura-561 203,
Bengaluru Rural District.
2. Sri Anjinappa,
Son of Late Nagappa,
Aged about 30 years,
Veerabhadranapalya,
10th Ward, Doddaballapura,
Doddaballapura Taluk,
Doddaballapura-561 203,
Bengaluru Rural District. ... APPELLANTS
(By Sri V.B.Shivakumar, Advocate)
WA 141/2021
2
AND:
1. The Tahsildar,
Doddaballapura Taluk,
Doddaballapura,
Doddaballapura-561 203,
Bengaluru Rural District.
2. The Assistant Commissioner,
Doddaballapura Sub-Division,
Doddaballapura-561 203,
Bengaluru Rural District.
3. Sri Rajanna,
Son of Late Mutharayappa,
Aged about 51 years.
4. Sri Krishnappa,
S/o Late Mutharayappa,
Aged about 50 years.
5. Sri Muniyappa,
Son of Late Mutharayappa,
Aged about 46 years.
6. Sri Nanjappa,
Son of Late Mutharayappa,
Aged about 45 years.
Respondent 3 to 6 are
Residents of Byrapura Village,
Sasalu Hobli, Doddaballapura Taluk,
Bengaluru Rural District-561 203. ... RESPONDENTS
(By Sri S.R.Kamalacharan, AGA)
WA 141/2021
3
This writ appeal is filed under Section 4 of the
Karnataka High Court Act, praying to set aside the order
dated 22.09.2020 passed by the learned single Judge of this
Hon'ble Court in W.P.2819/2015 (GM-CPC) and grant the
reliefs sought for in the said writ petition, etc.
This appeal coming on for Orders, this day, Satish
Chandra Sharma J., delivered the following:
JUDGMENT
1. The present writ appeal is arising out of the order dated
22.09.2020 passed by the learned Single Judge in
W.P.No.2819/2015 (Sri Gangaraj Shiravara & another Vs The
Tahsildar & Others).
2. The facts of the case reveal that the writ petition was
preferred under Article 227 of the Constitution of India by the
petitioners being aggrieved by the order dated 31.10.2014
passed in M.A.No.10007/2014 and the learned Single Judge
has declined to interfere with the said order.
3. The Full Bench of this Court in the case of TAMMANNA
& OTHERS VS MISS. RENUKA & OTHERS - ILR 2009 KAR
1207, has held in paragraph 13 as under:
WA 141/2021
"13. In fine, the core issue under
reference, viz.,
Whether an appeal from the
Judgment, decree or order passed by the
Single Judge in exercise of the power
conferred under Article 227 of the
Constitution of India, which arises
against any order made deciding an
issue, passed by any Court subordinate
to the High Court, in the course of a suit
or other proceeding not finally disposed
of, and is governed by Section 8 of the
Karnataka High Court Act, 1961 and
attracted by Section 115 and Section
100A of the Code of Civil Procedure, shall
lie to and be heard by a Bench consisting
of two other Judges of the High Court
under Section 4 of the said Act in view of
Sections 9(xii) and 10(iv-a) of the said
Act read with Rules 2(1), 26 and 39 of
the Writ Proceedings Rules, 1977 of the
Karnataka High Court, and Article 11(sa)
to Schedule II to the Karnataka Court
Fees and Suits Valuation Act, 1958?
is answered in negative."
WA 141/2021
4. In the light of the aforesaid decision, the present writ
appeal is not at all maintainable and the same stands
dismissed.
Sd/-
JUDGE
Sd/-
JUDGE
KK
