Karnataka High Court
Sri. Narayanappa vs The State Of Karnataka on 13 December, 2023
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WP No. 26592 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.26592 OF 2023 (KLR-RES)
BETWEEN:
1. SRI. NARAYANAPPA
S/O LATE MUNIYAPPA
AGED ABOUT 72 YEARS
2. SRI. MUDDAPPA
S/O LATE MUNIYAPPA
AGED ABOUT 65 YEARS
3. SRI. THIMMARAYAPPA
S/O LATE MUNIYAPPA
AGED ABOUT 63 YEARS
ALL ARE RESIDING AT
PUTTAPPA TEMPLE STREET
WARD NO.19, DEVANAHALLI TOWN,
DEVANAHALLI TALUK,
BANGALORE RURAL DISTRICT 562 110.
Digitally signed by
ARUN KUMAR M S ...PETITIONERS
Location: High
Court of Karnataka (BY SRI. CHANDRASHEKAR SWAMY K.B., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY ITS CHIEF SECRETARY,
DEPARTMENT OF REVENUE,
VIDHANA SOUDHA,
VIDHANA VEEDHI,
BANGALORE - 560001.
2. THE TAHASILDAR
DEVANAHALLI TALUK
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WP No. 26592 of 2023
DEVANAHALLI
BANGALORE RURAL DISTRICT - 562 110.
3. THE ASSISTANT COMMISSIONER
DODDABALLAPURA SUB-DIVISION
DODDABALLAPURA
BANGALORE RURAL DISTRICT - 561 203.
4. THE DEPUTY COMMISSIONER
BANGALORE RURAL DISTRICT
DISTRICT COMPLEX
BEERASANDRA VILLAGE
KUNDANA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562 110.
MUNIYAMMA
SINCE DEAD REPRESENTED BY LRS
5. SRI. MUNIYAPPA
S/O LATE PUTTEERAPPA
AGED ABOUT 64 YEARS
R/AT FORT
DEVENAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562 110.
PUTTEERAPPA
SINCE DECEASED REP. BY LRS.
6. SMT. GANGADHARAMMA @ GANGADRI
W/O LATE PUTTEERAPPA @
POLICE PUTTEERAPPA
AGED ABOUT 52 YEARS
7. AVISH @ HAVYAS
S/O LATE PUTTEERAPPA
AGED ABOUT 17 YEARS
8. ASHA @ HASINI
D/O LATE PUTTEERAPPA
AGED ABOUT 17 YEARS
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WP No. 26592 of 2023
RESPONDENTS NO.7 AND 8
ARE MINORS REPRESENTED
BY THEIR NATURAL MOTHER
AND GUARDIAN
SMT. GANGADHARAMMA ALIAS GANGADRI
RESPONDENTS NO.6 TO 8 ARE
R/AT NAYAKARA BEEDHI,
7TH WARD KOTE ROAD
DEVANAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562 110.
9. SMT. ERAMMA
D/O LATE PUTTEERAPPA
AGED ABOUT 55 YEARS
R/AT MAHAMADAPURA VILLAGE
AMBAJIDURGA HOBLI
CHAANDRAHALLI POST
CHINTAMANI TALUK
CHIKKABALLAPURA DISTRICT - 563 125.
10. SMT. AKKAYYAMMA
D/O LATE PUTTEERAPPA
AGED ABOUT 52 YEARS
R/AT MELUR VILLAGE AND POST
JANGAMAKOTE HOBLI
SIDLAGHATTA TALUK
CHIKKABALLAPURA DISTRICT - 562102.
NARAYANA
SINCE DECEASED REP. BY LRS.
11. MUNIYAMMA
W/O LATE NARAYANA
AGED ABOUT 45 YEARS
12. KUMARI NANDHINI
D/O LATE NARAYANA
AGED ABOUT 32 YEARS
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13. KUMARI ARUNA
D/O LATE NARAYANA
AGED ABOUT 27 YEARS
14. KUMARI PUSHPA
D/O LATE NARAYANA
AGED ABOUT 26 YEARS
RESPONDENTS NO. 11 TO 14 ARE
RESIDING AT
NAYAKARA BEEDHI 7TH WARD
KOTE ROAD, DEVANAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562 110.
15. SRI. KRISHNA
S/O LATE PUTTEERAPPA
AGED ABOUT 52 YEARS
16. SRI. NAGA
S/O LATE PUTTEERAPPA
AGED ABOUT 52 YEARS
17. SRI. ANIL
S/O LATE PUTTEERAPPA
AGED ABOUT 48 YEARS
18. SRI. BHADRA
S/O LATE PUTTEERAPPA
AGED ABOUT 46 YEARS.
RESPONDENTS NO.15 TO 18
ARE R/AT FORT
DEVANAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT-562 110.
19. SMT. AKKAYYAMMA @ KULLI
D/O LATE PUTTEERAPPA
W/O AVALAPPA
AGED ABOUT 35 YEARS
R/AT BOMMANAHALLI VILLAGE
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KASABA HOBLI
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT.
20. SMT. LATHA
D/O LATE PUTTEERAPPA
AGED ABOUT 48 YEARS
RESIDING AT FORT
DEVENAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562110.
21. SMT. LAKSHMI
D/O LATE PUTTEERAPPA
AGED ABOUT 43 YEARS
R/AT DHARMARAYASWAMY
TEMPLE ROAD
DEVANAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562110.
22. SRI. D.B. MUNIYAPPA
S/O LATE BHADRAIAH
AGED ABOUT 78 YEARS
RESIDING AT FORT
DEVENAHALLI TOWN
DEVANAHALLI TALUK
BANGALORE RURAL DISTRICT - 562110.
...RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R4)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
QUASH THE IMPUGNED ORDER DATED 15/09/2023 PASSED IN
THE REVISION PETITION IN R.P. NO.110/2018, PASSED BY
THE RESPONDENT NO.4 - THE DEPUTY COMMISSIONER,
BANGALORE RURAL DISTRICT VIDE IN R.P. NO.110/2018 VIDE
ANNEXURE-O.
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WP No. 26592 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY
HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned Additional Government Advocate accepts
notice for respondents 1 to 4.
2. In this writ petition, the petitioners are
assailing order dated 15.09.2023 passed in Revision
Petition No.110 of 2018 by the respondent No.4
(Annexure-O).
3. I have heard Sri Chandrashekarswamy K.B.,
learned counsel appearing for the petitioners and Sri
Harisha A.S., learned Additional Government Advocate
appearing for the respondent-State and perused the
finding recorded by the respondent No.4.
4. Perusal of the writ petition would indicate
that, the contesting respondents herein have filed OS
No.190 of 1992 before the Additional Civil Judge
(Jr.Dn) JMFC at Devanahalli and the said suit was
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decreed in part on 17.10.2006 and judgment and
decree passed by the Trial Court was confirmed in RA
No.1 of 2007 dated 27.05.2010 (Annexure-G) and by
this court in RSA No.2326 of 2010 (Annexure-H).
Feeling aggrieved by the judgment passed by this
Court, SLP (Civil) No.33638 of 2018 (Annexure- J)
was filed before the Hon'ble Supreme Court and the
Hon'ble Supreme Court confirmed the judgment and
decree passed in OS No.190 of 1992. Perusal of the
averments made in the writ petition would indicate
that, the petitioner had filed OS No.303 of 2009
before the Senior Civil Judge and JMFC, Devanahalli
for temporary injunction. In that view of the matter,
taking into consideration the fact that, the rights of
the parties have already been crystallized in OS No.
190 of 1992 and was confirmed by the Hon'ble
Supreme Court as mentioned above and I am of the
view that, respondents 3 and 4 were justified in
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rejecting the petition filed by the petitioner, seeking
change of khata in respect of the subject land. In that
view of the matter, I do not find merit in the writ
petition and accordingly, the writ petition is
dismissed.
SD/-
JUDGE
SB
