Shri Narasappa Reddy vs The State Of Karnataka
2023 Latest Caselaw 4340 Kant

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                                                   NC: 2023:KHC:24215
                                                     WP No. 18355 of 2015




                     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                         DATED THIS THE 12TH DAY OF JULY, 2023

                                        BEFORE
                           THE HON'BLE MR JUSTICE M.I.ARUN
                         WRIT PETITION NO. 18355 OF 2015 (LR)
                BETWEEN:

                SHRI. NARASAPPA REDDY,
                S/O LATE MUNISWAMAPPA,
                AGED 72 YEARS,
                RA/T TUBARANAHALLI VILLAGE,
                VARTHUR HOBLI
                RAMAGONDANAHALLI POST,
                VIA WHITE FIELD,
                BENGALURU-560 066.
                                                             ...PETITIONER
                (BY SRI. KIRANKUMAR, ADVOCATE)

                AND:

                1.    THE STATE OF KARNATAKA,
                      DEPARTMENT OF REVENUE,
                      VIKASA SOUDHA, VIDHANA VIDHI
                      BENGALURU - 560 001.
Digitally             REP. BY ITS CHIEF SECRETARY.
signed by V
MANJUSHA
BAI             2.    THE KARNATAKA APPELLATE TRIBUNAL,
Location:             M.S. BUILDING, VIDHANA VEEDHI,
High Court of
Karnataka             BENGALURU-560 001.
                      REP. BY ITS CHAIRMAN.

                3.    THE ADDITIONAL DEPUTY COMMISSIONER,
                      BENGALURU URBAN DISTRICT,
                      BENGALURU EAST TALUK, K.R.PURAM,
                      BENGALURU-573 201.

                4.    D. VIVEKANANDA
                      S/O LATE SIDDAIAH,
                      AGED ABOUT 51 YEARS,
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                                       NC: 2023:KHC:24215
                                        WP No. 18355 of 2015




5.   DR. RAMANANDA,
     S/O LATE SIDDAIAH,
     AGED ABOUT 49 YEARS,

6.   DR. DAYANANDA,
     S/O LATE SIDDAIAH,
     AGED ABOUT 44 YEARS,

     RESPONDENT NOs.4 TO 6 ARE
     R/AT " JAYA NIVAS",
     NO.376, 10TH CROSS,
     2ND BLOCK, JAYANAGAR,
     BENGALURU-560 011.
                                         ...RESPONDENTS
(BY SRI. SESHU V., HCGP FOR R1 & R3;
    SRI. K.B.S.MANIAN, ADVOCATE FOR R4 & R6;
    SRI. M.B.PRABHAKAR, ADVOCATE FOR R5;
    VIDE ORDER DATED 29.04.2015, R2 IS DELETED)

     THIS PETITION IS FILED UNDER ARTICLES 226 AND 227
OF CONSTITUTION OF INDIA PRAYING TO CALL FOR RECORDS
AND QUASH THE JUDGMENT DATED 12.03.2015 PASSED BY
RESPONDENT NO.2 IN APPEAL NO.306/2013 VIDE ANNEXURE-
A AND ETC.

     THIS PETITION, COMING ON FOR HEARING THROUGH
PHYSICAL HEARING/VIDEO CONFERENCING, THIS DAY, THE
COURT MADE THE FOLLOWING:

                          ORDER

1. The dispute pertains to 5 acres 8 guntas of land in

Sy.No.75 (Old No.71) of Tubarahalli Village, Varthur Hobli,

Bengaluru East Taluk. In respect of the said land, the

petitioner herein filed for grant of occupancy rights with

respondent Nos.4 to 6 being the landlords. The

jurisdictional Deputy Commissioner granted occupancy

NC: 2023:KHC:24215 WP No. 18355 of 2015

rights in favour of the petitioner, which was reversed by

the Karnataka Appellate Tribunal. Against which, this writ

petition is filed.

2. The petitioner and the contesting respondents have

arrived at a compromise. Petitioner and respondent Nos.4

and 6 (respondent No.4 has signed on behalf of

respondent No.6 as his GPA holder) have filed a

compromise petition before this court on 12.07.2023 and

the advocate for petitioner and respondents submit that

the petitioner has agreed to acknowledge that respondent

Nos.4 to 6 are the owners of the property concerned and

in lieu of the same, respondent Nos.4 and 6 will do all the

needful to transfer the property mentioned in schedule 'B'

to the compromise petition in favour of the petitioner

subject to the petitioner complying with the conditions

mentioned in paragraphs 4A and 4B of the compromise

petition. It is further submitted by advocate for

respondents that there has been an agreement between

respondent Nos.4, 5 and 6, wherein, the property is

NC: 2023:KHC:24215 WP No. 18355 of 2015

divided equally between them and the property which is

given to the petitioner herein is from the share of

respondent Nos.4 and 6. A memo to that effect duly

signed by the advocates for respondent Nos.4, 5 and 6

and also by respondent No.4 for himself and as a GPA

holder for respondent No.6 is filed.

3. The petitioner and respondent No.4 are present

before this Court and are duly identified by their respective

advocates. Advocate for respondent No.5 submits that he

has the necessary authority to sign and submit on behalf

of respondent No.5 to agree for the compromise.

4. The compromise petition dated 12.07.2023 and the

memo dated 12.07.2023 is taken on record.

5. The learned HCGP submits as the order of KAT is not

disturbed due to compromise, he has no objection for

accepting the same.

NC: 2023:KHC:24215 WP No. 18355 of 2015

6. Hence, the writ petition is disposed of in terms of

the compromise petition dated 12.07.2023, memo dated

12.07.2023 and the aforementioned observations made.

SD/-

JUDGE

PGG