Karnataka High Court
Smt B M Pramila vs State Of Karnataka on 19 December, 2023
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NC: 2023:KHC:46277
WP No. 10873 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR. JUSTICE E.S.INDIRESH
WRIT PETITION NO.10873 OF 2023 (KLR-RES)
BETWEEN:
SMT. B.M. PRAMILA
W/O K.M. RAMASWAMY,
D/O LATE MUNIYAPPA,
AGED ABOUT 58 YEARS,
R/AT NO.29, 3RD MAIN,
3RD CROSS, NEW THIPPASANDRA,
BENGALURU 560075.
...PETITIONER
(BY SRI. CHANDRASHEKARA REDDY M.V., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REVENUE DEPARTMENT,
M S BUILDINGS,
Digitally signed by
ARUN KUMAR M S BENGALURU - 560001
Location: High
Court of Karnataka
REPRESENTED BY ITS
PRINCIPAL SECRETARY.
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BEHIND KANDAYA BHAVAN,
K G ROAD,
BENGALURU - 560001.
3. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB DIVISION
BEHIND KANDAYA BHAVAN,
K G ROAD,
-2-
NC: 2023:KHC:46277
WP No. 10873 of 2023
BENGALURU - 560001.
4. THE TASHILDAR
BENGALURU EAST TALUK,
K R PURAM,
BANGALROE - 560036.
5. JAYARAMA REDDY
S/O LATE MUNIYAPPA,
AGED ABOUT 70 YEARS,
R/AT BALAGERE VILLAGE,
VARTHURU HOBLI,
BANGALORE EAST TALUK.
HANUMANTHA REDDY
SINCE DEAD BY LRS
6. VANAJAMMA
W/O LATE HANUMANTHA REDDY,
AGED ABOUT 54 YEARS,
7. SRINIVAS B.H.
S/O LATE HANUMANTHA REDDY,
AGED ABOUT 33 YEARS,
8. H. RAVINDRA
S/O LATE HANUMANTHA REDDY,
AGED ABOUT 31 YEARS,
RESPONDENTS NO.6 TO 8 ARE
R/AT NO.31, NEAR BUS STOP,
BALAGERE VILLAGE,
BANGALORE SOUTH TALUK
BANGALORE - 560103.
9. BHARATHI @ BHARATHAMMA
D/O LATE MUNIYAPPA @ AVALAPPA,
W/O VENUGOPALA REDDY,
AGED ABOUT 62 YEARS,
R/AT NO 370, 1ST CROSS,
1ST MAIN, WHITEFIELD,
VARTHURU HOBLI,
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NC: 2023:KHC:46277
WP No. 10873 of 2023
BANGALORE EAST TALUK.
10. NIRMALA
D/O LATE MUNIYAPPA,
W/O LATE SHESHAIAH,
AGE ABOUT 61 YEARS,
R/AT NO.473, 5TH CROSS,
PATEL LAYOUT, BALAGERE ROAD,
VARTHURU,
BANGALORE EAST TALUK
BENGALORE -560 086.
...RESPONDENTS
(BY SRI. HARISHA A.S., AGA FOR R1 TO R4;
SRI. Y.R. SADASHIVA REDDY, SENIOR ADVOCATE FOR S
SRI. RAHUL S. REDDY, ADVOCATE FOR R5 TO R8
R9 AND R10 SERVED)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226
AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO THE
ORDER DATED 28.09.2022 PASSED BY THE RESPONDENT NO.
2 - DEPUTY COMMISSIONER IN R.P.NO.174/2020 PRODUCED
AT ANNX-K AND ETC.
THIS PETITION COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the
parties.
NC: 2023:KHC:46277
2. In this writ petition, the petitioner is
assailing order dated 28.09.2022, (Annexure-K)
passed by the respondent No.2 and order dated
16.09.2020, passed by the respondent No.3
(Annexure-G).
3. Having Heard the learned counsel appearing
for the parties, and taking into account the factual
aspects on record, that the suit in OS No.656 of 2007
is pending consideration before the Civil Judge (Senior
Division) Bangalore Rural District, Bangalore, wherein
the rights of the parties is yet to be crystallized and as
it is submitted by the learned Senior Counsel Sri
Y.R.Sadashiva Reddy, appearing on behalf of sri Rahul
S Reddy, for respondent 5 to 8, that, OS No. 1788 of
2006 is dismissed and pursuant to the same, the
appeal is filed against the judgment and decree
passed in the said suit and same has reached finality.
Therefore, I am of the view that, the finding recorded
NC: 2023:KHC:46277
by both the respondent-authorities are just and proper
and there is no merit in the writ petition. Accordingly,
the writ petition is dismissed. Pending applications, if
any, stands disposed of.
Sd/-
JUDGE
SB
