Sri. Kempanna vs The Deputy Commissioner
2022 Latest Caselaw 5376 Kant

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 24TH DAY OF MARCH, 2022
                        PRESENT
     THE HON'BLE MR. RITU RAJ AWASTHI, CHIEF JUSTICE
                          AND
      THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR
            WRIT APPEAL NO.291/2022 (KLR-RES)

BETWEEN

1.     SRI KEMPANNA
       S/O LATE SUBBARAYAPPA
       AGED ABOUT 55 YEARS

2.     SRI MUNEGOWDA
       S/O LATE SUBBARAYAPPA
       AGED ABOUT 47 YEARS

       APPELLANT NOS.1 & 2
       ARE RESIDING AT
       ADDIGANAHALLI VILLAGE
       RAJANAKUNTE POST
       HESARAGHATTA HOBLI
       BENGALURU NORTH TALUK
       PIN - 560 064
                                          ..APPELLANTS

(BY SRI LOKESH K & SRI K. VIJAYA KUMAR, ADVOCATES)

AND

1.     THE DEPUTY COMMISSIONER
       BENGALURU URBAN DISTRICT
       D.C. OFFICE BUILDING
       KANDAYA BHAVANA
       K. G. ROAD
       BENGALURU - 560 009
                         2



2.   THE ASSISTANT COMMISSIONER
     BENGALURU NORTH SUB-DIVISION
     KANDAYA BHAVAN, K.G. ROAD
     BENGALURU - 560 009

3.   THE TAHSILDAR
     BENGALURU NORTH (ADDL) TALUK
     NOW YELAHANKA TALUK
     BENGALURU - 562 106

     SRI MUNEGOWDA
     SINCE DEAD WITHOUT ISSUES
     RESPONDENT NO.4 IS
     HIS CLASS II HEIR

4.   SRI HANUMANTHARAYAPPA
     S/O LATE SONNAPPA
     AGED ABOUT 67 YEARS
     R/AT ADDIGANAHALLI VILLAGE
     RAJANAKUNTE POST
     HESARAGHATTA HOBLI
     BENGALURU NORTH TALUK
     PIN - 560 064

5.   SMT. CHANDRAKALA W/O RAVI
     D/O NARAYANA
     AGED ABOUT 38 YEARS

     SMT. CHENNAMMA
     W/O LATE NANJUNDAPPA
     SINCE DEAD BY HER LR

6.   SMT A N RATHNA W/O RAJANNA
     D/O LATE NANJUNDAPPA AND
     CHENNAMMA
     AGED ABOUT 36 YEARS

7.   SMT. BUDDAMMA
     W/O LATE HANUMANTHARAYAPPA
     AGED ABOUT 52 YEARS
                           3




     RESPONDENT NOS.5 TO 7
     ARE RESIDING AT
     ADDIGANAHALLI VILLAGE
     RAJANAKUNTE POST
     HESARAGHATTA HOBLI
     BENGALURU NORTH TALUK
     PIN - 560 064

8.   SRI N S NANJEGOWDA
     S/O LATE SONNAPPA
     AGED ABOUT 67 YEARS
     R/AT NO.200
     M SHAMANNA MAIN ROAD
     4TH CROSS
     NEAR NAGASHETTIHALLI BUS STAND
     BENGALURU - 560 094

9.   SRI M MUNIYAPPA
     S/O MUNIYELLAPPA
     AGED ABOUT 50 YEARS
     R/AT DODDAJALA VILLAGE
     JALA HOBLI
     BENGALURU NORTH TALUK
     PIN - 562 157
                                      ...RESPONDENTS

(BY SRI G V SHASHI KUMAR, AGA FOR R-1 TO R-3;
 SRI N R JAGADEESWARA, ADVOCATE FOR C/R-4;
 NOTICE TO R-5 TO R-9 IS DISPENSED WITH
 V/O DATED 24.03.2022)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER DATED 07/03/2022 PASSED IN WRIT PETITION
NO.5102/2022 (KLR-RES) AND CONSEQUENTLY ALLOW THE
WRIT PETITION OR PASS ANY OTHER APPROPRIATE
ORDER.
     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, S.R.KRISHNA KUMAR .J DELIVERED
THE FOLLOWING:
                                  4




                           JUDGMENT

Learned Additional Government Advocate accepts notice

for respondent Nos.1 to 3. Learned counsel for the caveator -

respondent No.4 accepts notice for respondent No.4. For the

order proposed, notice to the remaining respondents is dispensed

with.

2. Heard learned counsel for the appellants, learned

Additional Government Advocate for respondent Nos.1 to 3 and

learned counsel for respondent No.4 and perused the material on

record including the impugned order.

3. The material on record discloses that there is a civil

suit in O.S.No.616/2010 between the appellants and the private

respondents which is pending on the file of the I Additional Senior

Civil Judge, Bengaluru Rural District, Bengaluru in respect of the

subject properties in relation to which, the subject matter of the

present appeal arises as regards the entries in the revenue

records.

4. A perusal of the impugned order passed by the

learned Single Judge will clearly indicate that the entries in the

revenue records standing in the name of respondent No.4 have

been directed to be subject to the outcome of the aforesaid

pending civil suit.

5. Under these circumstances, by clarifying that no right

would accrue in favour of respondent No.4 by virtue of the entries

in the revenue records and making it further clear that the said

entries in the revenue records in respect of the subject lands

would be subject to the final outcome of the pending suit and that

the impugned revenue entries will be without prejudice to any of

the rights and contentions of the parties and leaving open all rival

contentions, we dispose of this appeal without interfering with the

impugned order passed by the learned Single Judge.

The pending interlocutory application does not survive for

consideration and is accordingly disposed of.

Sd/-

CHIEF JUSTICE

Sd/-

JUDGE bkv