Karnataka High Court
Sri. Narayanaswamy vs The State Of Karnataka on 12 December, 2023
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NC: 2023:KHC:45135
WP NO.14364 OF 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S. INDIRESH
WRIT PETITION NO.14364 OF 2023 (KLR-RES)
BETWEEN:
1. SRI. NARAYANASWAMY
S/O LATE MUNIYAPPA
AGED ABOUT 61 YEARS.
2. SRI. MANJUNATHA
S/O LATE MUNIYAPPA
AGED ABOUT 61 YEARS.
3. SRI. MUNIRAJA
S/O LATE RAMAPPA
AGED ABOUT 45 YEARS.
4. SRI. RAMESHA
S/O LATE KRISHNAPPA
AGED ABOUT 50 YEARS.
ALL ARE RESIDING AT:
YANAGUNTE VILLAGE,
Digitally signed by
ARUN KUMAR M S SULIBELE HOBLI,
Location: High HOSAKOTE TALUK,
Court of Karnataka
BENGALURU RURAL DISTRICT - 562 114.
...PETITIONERS
(BY SRI. SHIVASHANKAR K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
DEPARTMENT OF REVENUE,
M.S. BUILDING, DR. AMBEDKAR VEEDHI,
BENGALURU - 560 001.
REP. BY ITS SECRETARY.
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WP NO.14364 OF 2023
2. THE DEPUTY COMMISSIONER
BENGALURU RURAL DISTRICT,
1ST FLOOR, D.C. OFFICE COMPOUND,
BEERASANDRA, DEVANAHALLI TALUK,
BENGALURU RURAL DISTRICT - 562 110.
3. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION,
DODDABALLAPURA,
BENGALURU RURAL DISTRICT - 561 203.
4. THE TAHSILDAR
HOSAKOTE TALUK,
HOSAKOTE,
BENGALURU RURAL DISTRICT - 562 114.
VENKATESHAPPA
DEAD BY LEGAL REPRESENTATIVES.
5. SMT. LAKSHMAMMA
W/O LATE VENKATESHAPPA
AGED ABOUT 74 YEARS.
6. SMT. MUNIRATHNAMMA
D/O LATE VENKATESHAPPA
AGED ABOUT 49 YEARS.
7. SRI. S.V. MUNIRAJU
S/O LATE VENKATESHAPPA
AGED ABOUT 44 YEARS.
8. SRI. MUNIKRISHNAPPA
S/O LATE VENKATESHAPPA
AGED ABOUT 38 YEARS.
9. SMT. ANNEMMA
D/O DODDAVENKATASHAMAPPA
AGED ABOUT 64 YEARS.
RESPONDENTS 5 TO 9 ARE
R/AT M. SATHYAVARA VILLAGE,
SULIBELE HOBLI,
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WP NO.14364 OF 2023
HOSAKOTE TALUK,
BENGALURU RURAL DISTRICT - 562 114.
...RESPONDENTS
(BY SRI. MOHAMMED JAFFAR SHAH, AGA FOR R1 TO R4;
SRI. LAKSHMIKANTHAPPA, ADVOCATE FOR R9)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO
QUASH THE ORDER DATED 09TH JUNE, 2023 PASSED BY THE
RESPONDENT NO.2 IN REVISION PETITION NO.187/2018 VIDE
ANNEXURE-E; QUASH THE ORDER DATED 15TH SEPTEMBER,
2018 PASSED BY THE RESPONDENT NO.3 IN RA(H):32/2017-
18 VIDE ANNEXURE-D; DIRECT THE RESPONDENT NO.4 TO
EFFECT THE REVENUE RECORDS IN FAVOUR OF THE
PETITIONERS IN RESPECT OF THE SUBJECT PROPERTY; AND
ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In this writ petition, petitioners are assailing order dated
09th June, 2023 (Annexure-E) passed by the respondent No.2
in Revision Petition No.187/2018 and order dated 15th
September, 2018 (Annexure-D) passed by the respondent No.3
in RA(H):32/2017-18; inter alia sought for a direction to the
respondent No.4 to effect the Revenue Records in favour of the
petitioners in respect of the subject property.
2. Heard Sri. Shivashankar K., learned counsel appearing
for petitioners, Sri. Mohammed Jaffar Shah, learned Additional
Government Advocate appearing for respondents 1 to 4; and
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WP NO.14364 OF 2023
Sri. Lakshmikanthappa, learned counsel appearing for the
respondent No.9.
3. Having heard the learned counsel appearing for the
parties and on perusal of the finding recorded by both
respondents 2 and 3 in the impugned orders would indicate
that the Civil dispute is pending consideration in Original Suit
No.1064 of 2018 before the competent court. In that view of
the matter, I am of the view that that the rights of the parties
are yet to be crystalised in the aforementioned suit and parties
are abide by judgment and decree that will be made by the
Civil Court. With this observation, writ petition is disposed of.
SD/-
JUDGE
ARK
