Karnataka High Court
Smt. Rathnamma vs The State Of Karnataka on 13 December, 2023
-1-
NC: 2023:KHC:45266
WP No. 15300 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.15300 OF 2023 (KLR-RES)
BETWEEN:
1. SMT. RATHNAMMA
W/O LATE NARASIMHA MURTHY,
AGED ABOUT 57 YEARS,
2. UDAY KUMAR GOWDA N.
S/O LATE NARASIMHA MURTHY,
AGED ABOUT 27 YEARS,
BOTH ARE R/AT NO.134,
AVALAHALLI VILLAGE,
SINGANAYAKANAHALLI POST,
YELAHANKA NORTH TALUK,
BENGALURU - 560 064.
...PETITIONERS
(BY SRI. T.M. VENKATA REDDY, ADVOCATE)
Digitally signed by AND:
ARUN KUMAR M S
Location: High
Court of Karnataka
1. THE STATE OF KARNATAKA
REPRESENTED BY ITS SECRETARY,
DEPARTMENT OF REVENUE
M S BUILDING, VIDHANA VEEDHI,
BANGALORE- 560001.
2. THE DEPUTY COMMISSIONER
BANGALORE DISTRICT, K G ROAD,
BANGALORE - 560009.
3. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB DIVISION,
KANDAYA BHAVAN
-2-
NC: 2023:KHC:45266
WP No. 15300 of 2023
K G ROAD,
BENGALURU 560009.
4. THE TAHSILDAR
BENGALURU NORTH (ADDL) TALUK,
YELAHANKA,
BANGALORE 560 064.
5. SMT. SHARADAMMA
W/O LATE RAMANNA,
AGED ABOUT 60 YEARS,
R/AT MYLAPPANAHALLI VILLAGE,
HESARAGHATTA HOBLI,
BENGALURU NORTH (ADDL. ) TALUK,
BENGALURU DISTRICT-560089.
6. K.S. CHALUKYA
S/O A.N. PUSHPALATHA
AGED ABOUT 25 YEARS
R/AT ADAKAMARANAHALLI VILLAGE
NEAR NAVODAYA SCHOOL
DASANAPURA HOBLI
BENGALURU NORTH TALUK
BENGALURU-562 162.
...RESPONDENTS
(BY SRI. C.N. MAHADESHWARAN, AGA FOR R1 TO R4;
SRI. K. ANAND, ADVOCATE FOR R5 AND R6)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO
DIRECT BY WAY OF CERTIORARI AND TO SET ASIDE THE
ORDER DATED 05.07.2021 IN RA (BNA) 431/2018 PASSED BY
THE RESPONDENT NO.3 AT ANNEXURE-H AND THE ORDER
DATED 17.03.2023 IN RP NO.303/2021 PASSED BY THE
RESPONDENT NO.2 AT ANNEXURE-J.
-3-
NC: 2023:KHC:45266
WP No. 15300 of 2023
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
1. Heard learned counsel appearing for the parties.
2. In this writ petition, petitioners are assailing the
order dated 05.07.2021 in R.A.(BNA) No.431/2018 passed
by respondent No.3 (Annexure-H), the order dated
17.03.2023 in R.P. No.303/2021 passed by respondent
No.2 (Annexure-J).
3. Having heard the learned counsel appearing for the
parties, the finding recorded by both the authorities would
indicate that the petitioners herein have not established
grant made in favour of grand father of petitioner No.2 -
Munichikkanna or grand mother of petitioner No.2 -
Narasamma in respect of the land in question, before the
respondent - authorities. In that view of the matter, as
the petitioners herein have failed to produce the relevant
documents before the competent authorities relating to
NC: 2023:KHC:45266
grant made in favour of the grand parents of petitioner
No.2 who are in-laws of petitioner No.1, having regard to
the finding recorded by both the authorities, I am of the
view that, the writ petition does not survive for
consideration.
5. Learned counsel appearing for the petitioners
submitted that O.S. No.2153/2023 is filed before the
competent Civil Court. In that view of the matter, the
parties are required to abide by the Judgment and Decree
that may be passed in the said suit.
6. With the above observations, the writ petition is
disposed of.
SD/-
JUDGE
sac
