Karnataka High Court
M/S Excel Dwelling India Pvt Ltd vs The State Of Karnataka on 5 October, 2023
Bench: R. Nataraj
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NC: 2023:KHC:36103
RP No. 675 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ
REVIEW PETITION NO. 675 OF 2022
BETWEEN:
1. M/S EXCEL DWELLING INDIA PVT LTD
(A COMPANY INCORPORATED UNDER
THE COMPANIES ACT 1956)
HAVING ITS REGISTERED OFFICE AT
NO.243, 10TH CROSS, NGEF LAYOUT,
NRUPATHUNGANAGAR,
NAGARBHAVI, BENGALURU-560072
REPRESENTED BY ITS DIRECTOR
MOHAMMED MERAJ
2. MR. MOHAMMED MERAJ
M/S EXCEL DWELLINGS INDIA PVT LTD,
NO.243, 10TH CROSS, NGEF LAYOUT,
NRUPATHUNGANAGAR,
NAGARBHAVI, BENGALURU-560072
...PETITIONERS
(BY SMT. PARVATHY R NAIR, ADVOCATE)
AND:
Digitally
signed by
SUMA 1. THE STATE OF KARNATAKA
Location: REVENUE DEPARTMENT
HIGH VIKASA SOUDHA
COURT OF
KARNATAKA DR. AMBEDKAR VEEDHI,
BANGALORE-560001
2. S.M. RAMESH
S/O LATE SRI MUNIVENKATAPPA
AGED ABOUT 48 YEARS,
AGRICULTURIST
RESIDING AT SARJAPURA VILLAGE,
ANEKAL TALUK,
BENGALURU DISTRICT-562125.
3. THE LAND TRIBUNAL
ANEKAL TALUK,
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RP No. 675 of 2022
BANGALORE URBAN DISTRICT-560099
REPRESENTED BY ITS CHAIRMAN
4. SMT. LAKSHMAMMA
AGED ABOUT 78 YEARS,
W/O LATE NANJUNDAIAH
ADISONNAHALLI VILLAGE,
CHANDAPURA POST,
ANEKAL TALUK,
BENGALURU URBAN DISTRICT-560099.
5. SRI. RAMACHANDRA
MAJOR
S/O LATE NANJUNDAIAH
MUGULOOR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
6. SMT. SHARADHA
MAJOR
D/O LATE NANJUNDAIAH
W/O NAGARAJA,
11TH CROSS, 5TH CROSS,
VIDYAJOTHI NAGAR,
HONGASANDRA,
BEGUR MAIN ROAD,
BENGALURU-560068.
7. SMT. GEETHA
MAJOR
D/O LATE NANJUNDAIAH
W/O NAGARAJA,
11TH CROSS, 5TH CROSS,
VIDYAJOTHI NAGAR,
HONGASANDRA,
BEGUR MAIN ROAD,
BENGALURU-560068.
8. SMT LAKSHMAMMA
AGED ABOUT 75 YEARS,
W/O LATE NANJUNDAIAH
MUGLOOR VILLAGE,
KOOGUR POST,
ANEKAL TALUK,
BENGALURU DISTRICT-562125.
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RP No. 675 of 2022
9. SMT. N. BHARATHI
AGED ABOUT 50 YEARS,
D/O LATE NANJUNDAIAH
ADISONNAHALLI VILLAGE,
CHANDAPURA POST,
ANEKAL TALUK,
BENGALURU DISTRICT-560099.
10. SRI. V. VENUGOPAL
AGED ABOUT 45 YEARS,
S/O LATE VENKATACHALLAPPA,
MUGALUR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
11. SRI. V. NANDA
AGED ABOUT 35 YEARS,
S/O LATE VENKATACHALAPPA,
MUGALUR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
12. SRI. V. RAMESH
AGED ABOUT 39 YEARS,
S/O LATE VENKATACHALAPPA,
MUGALUR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
13. SRI. V. UMESH
AGED ABOUT 39 YEARS,
S/O LATE VENKATACHALAPPA,
MUGALUR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
14. SRI. V. NAVNEETH
AGED ABOUT 39 YEARS,
S/O LATE VENKATACHALAPPA,
MUGALUR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
15. SRI. A. RAMACHANDRAIAH
AGED ABOUT 73 YEARS,
S/O LATE MUNIYAPPA @ ANNAYAPPA
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RP No. 675 of 2022
MUGLOOR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-560099.
16. SRI. NARAYANAPPA
AGED ABOUT 63 YEARS,
S/O LATE BYANNA,
THINDLU VILLAGE,
SARJAPURA POST,
ANEKAL TALUK,
BENGALURU DISTRICT-562106.
17. SRI. M. ANJANI
AGED ABOUT 61 YEARS,
S/O LATE BANOLMUNIYAPPA,
MUGALOOR VILLAGE,
KOOGUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
18. SRI. PAPAIAH
AGED ABOUT 83 YEARS,
S/O LATE VENKATAPPA
R/AT MUGALOOR VILLAGE,
KOOGLUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
19. SRI. BALAPPA
AGED ABOUT 63 YEARS,
S/O LATE CHIKKAMUNIYAPPA
R/O MUGLOOR VILLAGE,
KOOGLUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
20. SRI. BALAPPA C
AGED ABOUT 78 YEARS,
S/O LATE KONDAPPA
R/O MUGLOOR VILLAGE,
KOOGLUR POST, ANEKAL TALUK,
BENGALURU DISTRICT-562125.
21. SRI. M. SRIKANTAIAH
SINCE DECEASED BY HIS LRS
21(a) M.S. VIJAYALAKSHMI
W/O LATE M.S. SRIKANTAIAH,
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RP No. 675 of 2022
AGED ABOUT 81 YEARS,
21(b) SRI. M.S. SHASHI KUMAR
W/O LATE M.S. SRIKANTAIAH,
AGED ABOUT 50 YEARS,
21(c) SMT. M.S. SARASWATHY
S/O LATE S. SRIKANTAIAH
AGED ABOUT 46 YEARS,
ALL ARE RESIDENTS OF
NO.105, KATRIGUPPE GRAMATANA,
5TH MAIN, 7TH CROSS,
BSK 3RD STAGE,
BENGALURU-560085.
22. SRI. M. MUNIRAJU
S/O LATE MUNISWAMY
MAJOR IN AGE,
R/AT MUGALURU VILLAGE AND POST,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT-562125.
23. SRI. CHANDRAPPA C
S/O LATE CHOWDAPPA
AGED ABOUT 47 YEARS,
R/AT MUGALURU VILLAGE AND POST,
SARJAPURA HOBLI, ANEKAL TALUK,
BENGALURU URBAN DISTRICT-562125.
...RESPONDENTS
(BY SMT. ASMA KOUSER, ADDITIONAL GOVERNMENT ADVOCATE
FOR RESPONDENT NOS.1 AND 3;
SRI. L. RAJANNA, ADVOCATE FOR RESPONDENT NO.2;
VIDE ORDER DATED 05.01.2023 SERVICE OF NOTICE TO
RESPONDENT NOS.4 TO 20 ARE DISPENSED WITH)
THIS PETITION IS FILED UNDER ORDER XLVII RULE 1 READ
WITH SECTION 114 OF THE CODE OF CIVIL PROCEDURE, 1908 READ
WITH ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA
PRAYING TO REVIEW THE JUDGMENT DATED 29.07.2022 PASSED BY
THIS HON'BLE COURT IN W.P.NO.12056/2008 AND DISMISS THE
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NC: 2023:KHC:36103
RP No. 675 of 2022
WRIT PETITION WITH RESPECT TO SY. NO.128 OF THE MUGALUR
VILLAGE, SARJAPUR HOBLI, ANEKAL TALUK AND HOLD THAT THE
SALE DEED DATED 20.05.2013, REGISTERED AS BSG-1-00896-
2013-2014 AT THE OFFICE OF THE SENIOR SUB-REGISTRAR,
BASAVANAGUDI, BENGALURU IS VALID.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Pursuant to the order dated 20.09.2023 passed by this
Court, Mr. B.S. Venkatachalapathy, Special Tahsildar, Anekal
Taluk, is present and he submits that appropriate entries are
made in the revenue records that the property is vested in the
State Government by virtue of the order passed by this Court in
W.P.No.12056/2008 and he has also placed on record the copy
of the RTC.
2. Mr. A. Raghavendra, Senior Sub-Registrar,
Basavanagudi, Bengaluru, is present and he submits that the
sale deed in favour of the respondent No.25 in
W.P.No.12056/2008 is cancelled. He has also placed on record
the copy of the endorsement made in the register canceling the
sale deed. The same is placed on record.
NC: 2023:KHC:36103
RP No. 675 of 2022
3. Mr. Rajanikant, Assistant Commissioner, Bengaluru
South Taluk, is also present and he submits that since the
property is now vested in the State Government, proceedings
shall be initiated to take over the possession of the land as
early as possible, at any rate, within a period of four weeks
from today.
4. The said submission is placed on record.
5. The learned counsel for the petitioners has filed a
memo for withdrawal of this review petition.
6. The memo is placed on record.
7. In view of the memo, this petition is dismissed as
withdrawn.
8. However, for compliance of the undertaking given
by the Assistant Commissioner, list this petition on 06.11.2023.
Sd/-
JUDGE
PMR
