Shri Krishnappa (Dead) vs State Of Karnataka
2022 Latest Caselaw 3518 Kant

                          1


 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

     DATED THIS THE 2nd DAY OF MARCH, 2022

                     BEFORE

        THE HON'BLE MR. JUSTICE M.I.ARUN

         W.P.NO.12444 OF 2018 (KLR-RES)

BETWEEN:

1.   SHRI. KRISHNAPPA (DEAD)
     S/O. MUNIYAPPA
     AGED ABOUT 54 YEARS,

LR'S OF PETITIONER NO.1

1(a) SMT. SATHYAPREMA,
     W/O. LTE M. KRISHNAPPA,

1(b) SRI. K. HANUMANTHARAJU,
     S/O. M. KRISHNAPPA,

1(c) SRI. SRINIVAS,
     S/O. M. KRISHNAPPA,

2.   CHANDRAPPA
     S/O MUNIYAPPA
     AGED ABOUT 52 YEARS,

3.   SHRI. NARAYANASWAMY,
     S/O MUNIYAPPA
     AGED ABOUT 52 YEARS,

4.   SHRI. RAMANJINAPPA,
     S/O MUNIYAPPA,
     AGED ABOUT 51 YEARS,

5.   SHIVABALASWAMY,
     S/O MUNIYAPPA,
     AGED ABOUT 46 YEARS,
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ALL ARE RESIDING AT NO.75,
NEAR GANGAMMA TEMPLE,
MAHADEVPURA, BENGALURU-560 048.
                                    ... PETITIONERS
(BY SRI. JEEVAN KUMAR, ADVOCATE)

AND:

1.   STATE OF KARNATAKA,
     REPRESENTED BY PRINCIPAL SECRETARY,
     DEPARTMENT OF REVENUE,
     VIDHANA SOUDHA,
     DR. AMBEDKAR VEEDHI,
     BENGALURU-560 001.

2.   DEPUTY COMMISSIONER,
     BENGALURU URBAN DISTRICT,
     KEMPEGOWDA ROAD,
     BENGALURU-560 009.

3.   THE TASHILDAR,
     BENGALURU TALUK EAST,
     K.R. PURAM,
     BENGALURU-560 016.
                                   ... RESPONDENTS
(BY SRI.SRINIVASA A.R, AGA).

     THIS WRIT PETITION IS FILED UNDER ARTICLES
226 AND 227 OF THE CONSTITUTION OF INDIA,
PRAYING TO QUASH THE ORDER OF DEPUTY
COMMISSIONER (EXPARTE) ORDER DATED 4.12.2015
HANDING OVER TO SOCIAL WELFARE DEPARTMENT IN
RESPECT OF SY.O.17/1 TO AN EXTENT OF 11 GUNTAS
AT MAHADEVAPURA VILLAGE, K.R.PURAM HOBLI,
BENGALURU EAST AND CONSEQUENTLY SET ASIDE THE
MRH11/2015-16    DATED    10.12.2015   AS   PER
ANNEXURE-F AND G, AND ETC.,

      THIS WRIT PETITION COMING ON FOR ORDERS,
THIS DAY THE COURT MADE THE FOLLOWING:
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                       JUDGMENT

The case of the petitioners is that they are the

owners of 11 guntas of land in Sy.No.175/1 at

Mahadevpura Village, K.R.Puram Hobli, Bengaluru

East. The second respondent oblivious of the said

fact, in spite of they making representation to make

khatha in respect of the said land in their favour,

initiated proceedings under Section 71 of Karnataka

Land Revenue Act, 1964 and has reserved the land of

the petitioners in favour of Social Welfare Department

of Government of Karnataka. Aggrieved by the

same, the instant writ petition is filed.

2. The interim order dated 09.4.2018 has

been passed staying further proceedings pursuant to

the impugned order, which is under challenge herein.

It is noticed that the impugned order under challenge

is the original order passed under Karnataka Land

Revenue Act, 1964 and an appeal is provided for as

per Section 49(c) of the Karnataka Land Revenue Act,

1964. As there is an alternative efficacious remedy

available to the petitioners, the writ petition is hereby

dismissed reserving liberty to the petitioners to

approach the Tribunal within a period of 30 days from

the date of receipt of certified copy of this order.

3. Interim order granted in the instant writ

petition shall continue till consideration of interim

application by the Tribunal provided the appeal is

filed within a period of 30 days as mentioned above.

4. The time spent in pursuing the writ

petition shall be condoned by the Tribunal while

considering the application for condonation for delay.

It is further clarified that no opinion has been

expressed on the merits of the case and the Tribunal

shall take its decision independently and without

being influenced by any observations made in this

order.

All contentions are left open.

Sd/-

JUDGE AG