Sri. Thirumalaiah vs The Deputy Commissioner
2022 Latest Caselaw 11613 Kant

                         -1-



 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

      DATED THIS THE 6TH DAY OF SEPTEMBER, 2022

                      PRESENT

THE HON'BLE MR. ALOK ARADHE, ACTING CHIEF JUSTICE

                        AND

  THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY

           WRIT APPEAL NO.469/2022 (SC-ST)


BETWEEN:

SRI THIRUMALAIAH
S/O LATE NARAYANAPPA
AGED ABOUT 74 YEARS
R/O SHESHAGIRIHALLI
BIDADI HOBLI
RAMANAGARA TALUK
RAMANAGARA DISTRICT-562 159
                                        ...APPELLANT

(BY SRI SAGAR B B, ADVOCATE)


AND

1 . THE DEPUTY COMMISSIONER
RAMANAGARA DISTRICT
RAMANAGARA-562 159

2 . THE ASSISTANT COMMISSIONER
RAMANAGARA SUB-DIVISION
RAMANAGARA-562 159

3 . SRI B SHASHIDAR REDDY
S/O SRI ADI SHANKAR REDDY
AGED ABOUT 55 YEARS
NO.161/B, 5TH CROSS
II PHASE, 2ND STAGE
                            -2-


MAHALAKSHMI LAYOUT
BENGALURU-560 086

4 . SMT. RATHNAMALA G
W/O DINAKAR P S
AGED ABOUT 53 YEARS
NO.370, 1ST B MAIN ROAD
2ND CROSS, 7TH BLOCK (LEFT)
JAYANAGAR
BENGALURU-560 076

5 . SRI KRISHNA B. MARIYANKA
S/O SRI MARIYANKA
AGED ABOUT 49 YEARS
DOOR NO.304
STERLING TERRACES
5TH BLOCK, 3RD STAGE
BANASHANKARI
BENGALURU-560 085

6 . SRI LOKANADHA REDDY
S/O UTTA REDDY
AGED ABOUT 48 YEARS
NO.206, 2ND FLOOR
SRI SAI COMFORT
NARAYAN NAGAR
1ST BLOCK
BENGALURU-560 062

7 . DR. VENKATESH JAIRAM
S/O DR. H N JAIRAM
AGED ABOUT 38 YEARS
COLLEGE ROAD
HOSPET
BELLARY DISTRICT

REP BY HIS GPA HOLDER
DR. H N JAIRAM
S/O LATE HAMPI NARASIMHAPPA
AGED ABOUT 72 YEARS
R/AT R M NURSING HOME
COLLEGE ROAD
HOSPET
BELLARY DISTRICT-583 101
                           -3-




8 . DR. CHAITHRA R HODEGERE
S/O H S RAMACHANDARAPPA
AGED ABOUT 43 YEARS
NO.13 B, BRONTE CLOSE
DEWSBURY UNITED
UNITED KINGDOM

REP BY HER GPA HOLDER
SMT. H R BHAGYA
W/O H S RAMACHANDARAPPA
AGED ABOUT 71 YEARS
R/AT JAYA NILAYA, BEHIND
CHANDRAMOULESWARA TEMPLE
AMARAVATHI
HOSPET
BELLARY DISTRICT-583 101

9 . SMT. EDITH JEAN RAJ
W/O A I RAJ
AGED ABOUT 72 YEARS
R/AT NO.43/8
1ST FLOOR
DAVIS ROAD
RICHARDS TOWN
BENGALURU-560 084
                                        ...RESPONDENTS

(BY SRI S S MAHENDRA, AGA FOR R-1 & 2)



     THIS WRIT   APPEAL IS      FILED   U/S   4   OF   THE
KARNATAKA HIGH COURT ACT, 1961 PRAYING TO SET
ASIDE   THE   ORDER   DATED     21.03.2022    PASSED    IN
W.P.NO.11222/2020 (SC-ST) AND CONSEQUENTLY DISMISS
THE WRIT PETITION.


     THIS WRIT APPEAL COMING ON FOR PRELIMINARY
HEARING THIS DAY, ACTING CHIEF JUSTICE DELIVERED
THE FOLLOWING:
                                  -4-



                           JUDGMENT

Sri Sagar B.B., learned counsel for the appellant.

Sri S.S.Mahendra, learned Additional Government Advocate for respondent Nos.1 and 2.

This intra Court appeal has been filed against

an order dated 21.03.2022 passed by the learned

Single Judge by which, the writ petition preferred by

respondent Nos.4 to 9 has been allowed and the

provisions of the Karnataka Scheduled Castes and

Scheduled Tribes (Prohibition of Transfer of Certain

Lands) Act, 1978 have been held to be not applicable

in view of the decision of the Full Bench of this Court

in the case of SRI MUNNAIAH AND OTHERS vs THE

DEPUTY COMMISSIONER, BANGALORE AND

OTHERS1.

2. After hearing learned counsel for the

appellant and in view of the judgment of the Full

Bench of this Court in MUNNAIAH's case (supra), no

ILR 2021 KAR 3169

ground for interference with the order passed by the

learned Single Judge is made out.

In the result, the appeal fails and is hereby

dismissed.

In view of dismissal of the appeal, the pending

interlocutory application does not survive for

consideration and is accordingly disposed of.

Sd/-

ACTING CHIEF JUSTICE

Sd/-

JUDGE

bkv