The State Of Karnataka vs Sri Munishamachari
2022 Latest Caselaw 5196 Kant

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     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 22ND DAY OF MARCH 2022

                         PRESENT

         THE HON'BLE MR. JUSTICE ALOK ARADHE

                             AND

     THE HON'BLE MR.JUSTICE S. VISHWAJITH SHETTY

              W.A. No.228 OF 2020 (KLR-RES)
                            IN
              W.P. No.9038 OF 2019 (KLR-RES)
BETWEEN:

1.     THE STATE OF KARNATAKA
       REPRESENTED BY ITS CHIEF SECRETARY
       VIDHANA SOUDHA , DR. B.R. AMBEDKAR VEEDHI
       BENGALURU 560 001.

2.     THE TAHSILDAR
       BANGALORE NORTH ADDITIONAL TALUK
       TALUK OFFICE, YELAHANKA
       BENGALURU NORTH, BENGALURU 560 084.

3.     THE PRINCIPAL SECRETARY
       DEPARTMENT OF REVENUE
       6TH FLOOR, M.S. BUILDING
       DR. B.R. AMBEDKAR VEEDHI
       BENGALURU 560 001.

                                             ... APPELLANTS
(BY MR. S. RAJASHEKAR, AGA)

AND:

1.     SRI. MUNISHAMACHARI
       S/O LATE NANJACHARI
       AGED ABOUT 77 YEARS
       SINCE DEAD BY LR'S.
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1(a)   NAGARAJACHARI
       S/O MUNISHAMACHARI
       AGED ABOUT 55 YEARS.

1(b)   JAYAMMA
       D/O MUNISHAMACHARI
       AGED ABOUT 52 YEARS.

1(c)   SRINIVASACHARI
       S/O MUNISHAMACHARI
       AGED ABOUT 49 YEARS.

1(d)   LAKSHMI
       D/O MUNISHAMACHARI
       AGED ABOUT 47 YEARS.

1(e)   NANJACHARI
       S/O MUNISHAMACHARI
       AGED ABOUT 45 YEARS.

1(f)   SHANTHAMMA
       D/O MUNISHAMACHARI
       AGED ABOUT 43 YEARS.

1(g)   GOPALACHARI
       S/O MUNISHAMACHARI
       AGED ABOUT 40 YEARS.

       RESPONDENTS NO.1(a) TO 1(g)
       R/AT. JAGALATTI, JALA HOBLI
       YALAHANKA TALUK.
                                      ... RESPONDENTS
(BY MR. S. RAJASHEKAR, ADV.,)
                            ---

      THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO SET ASIDE THE ORDER DATED
20/03/2019 PASSED BY THE LEARNED SINGLE JUDGE IN WRIT
PETITION NO.9038/2019 (KLR-RES).      PASS ANY OTHER
APPROPRIATE ORDER OR DIRECTIONS IN THE FACTS AND
CIRCUMSTANCES OF THE CASE.
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     THIS W.A. COMING ON FOR PRELIMINARY HEARING, THIS
DAY, ALOK ARADHE J., DELIVERED THE FOLLOWING:

                          JUDGMENT

In this intra court appeal, the appellant has challenged

the order dated 20.03.2019 passed by the learned single

Judge, by which writ petition preferred by respondent No.1

has been disposed of with a direction to the Tahsildar to

consider the claim of deceased respondent No.1 (already

represented by LRs) and to take appropriate steps to pass

necessary orders in entering the name of the appellant in

RTC in respect of remaining extent of 1 acre of land bearing

Sy.No.200 situated at Marenahalli village in his name.

2. After hearing learned counsel for the parties, it is

clarified that the issue with regard to grant of title in respect

of land in question in favour of deceased respondent No.1

shall be considered by the Tahsildar and thereafter,

appropriate steps would be taken by him to pass necessary

orders for entering the name of the legal representatives of

deceased respondent No.1 in RTC in respect of remaining 1

acre of land. Needless to state that the Tahsildar shall also

consider the effect of the order passed by Special Deputy

Commissioner dated 11.08.2016.

With the aforesaid clarification, the appeal is disposed

of.

Sd/-

JUDGE

Sd/-

JUDGE

SS