Karnataka High Court
Sri Srikanth B P vs The State Of Karnataka on 11 January, 2024
Author: P.S.Dinesh Kumar
Bench: P.S.Dinesh Kumar
-1-
NC: 2024:KHC:1655-DB
WA No. 1175 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
PRESENT
THE HON'BLE MR JUSTICE P.S.DINESH KUMAR
AND
THE HON'BLE MR JUSTICE T.G. SHIVASHANKARE GOWDA
WRIT APPEAL NO. 1175 OF 2022 (KLR-RES)
BETWEEN:
1. SRI SRIKANTH B P
S/O LATE B.S.PRASANNA KUMAR
AGED ABOUT 57 YEARS
2. SRI.SRINIDHI B.P.
S/O LATE B.S.PRASANNA KUMAR
AGED ABOUT 49 YEARS
BOTH ARE R/AT NO.21/1
RANGA RAO ROAD
SHANKARAPURAM
BANGALORE-560 004 ...APPELLANTS
(BY SRI. NAIK N R., ADV.)
AND:
1. THE STATE OF KARNATAKA
Digitally signed by MALA REP. BY ITS SECRETARY
KN DEPARTMENT OF REVENUE
Location: HIGH COURT M.S.BUILDING, DR.AMBEDKAR VEEDI
OF KARNATAKA BANGALORE-560 001
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT
BENGALURU-560 001
3. THE ASSISTANT COMMISSIONER
BANGALORE SOUTH SUB DIVISION
KANDAYA BHAVANA, KEMPEGOWDA ROAD
BANGALORE-560 009.
4. THE SPECIAL TAHSILDAR
BENGALURU SOUTH TALUK
-2-
NC: 2024:KHC:1655-DB
WA No. 1175 of 2022
KANDAYA BHAVANA
KEMPEGOWDA ROAD
BANGALORE-560 001
SRI.T.NARAYANASWAMY
SINCE DECEASED BY HIS LRS
5. SMT. S. SANDHYA
S/O LATE T .NARAYANASWAMY
AGED ABOUT 42 YEARS
6. SRI. N. SANTHOSH
S/O LATE T. NARAYANASWAMY
AGED ABOUT 40 YEARS
RESPONDENT NOS.5 & 6 ARE R/AT
NO. 104/EWS 26, 1ST D MAIN
8TH A CROSS, NEAR BALAMURI GANAPATHI
TEMPLE KENGERI SATELLITE TOWN
KENGERI, BENGALURU 560 060
7. SRI.SEENAPPA
S/O LATE THIMMARAYAPPA
AGED ABOUT 64 YEARS
8. SRI.THIMMARAYAPPA
AGED ABOUT 62 YEARS
9. SRI.NAGARAJU
S/O LATE THIMMARAYAPPA
AGED ABOUT 52 YEARS
[
10. SRI.T.KRISHNA
S/O LATE THIMMARAYAPPA
AGED ABOUT 47 YEARS
RESPONDENT NOS.7 TO 10 ARE R/AT
PATTANAGERE VILLAGE, KENGERI HOBLI
BANGALORE SOUTH TALUK
BANGALORE-560 060
11. SRI. ANIL GOWDA
DIRECTOR M/S. TANGLIN DEVELOPERS LTD.
NO.1 RAHEJA CHAMBERS, 12
MUSEUM ROAD, BANGALORE-560 001
...RESPONDENTS
(BY SRI.KHAMROZ KHAN, AGA FOR R1 TO R4;
SRI. N. S. BHAT, ADV. FOR R5, R6, R9 & R10)
-3-
NC: 2024:KHC:1655-DB
WA No. 1175 of 2022
THIS WRIT APPEAL FILED UNDER SECTION 4 OF THE
KARNATAKA HIGH COURT ACT PRAYING TO SET ASIDE THE
ORDER PASSED IN WP No-4782/2018 (KLR-RES) DATED
11.10.2022 BY THE LEARNED SINGLE JUDGE ii) ALLOW THE
WP FILED BY THE APPELLANTS IN WP No-4782/2018 (KLR-
RES) iii) CALL FOR RECORDS.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, P.S.DINESH KUMAR J., DELIVERED THE
FOLLOWING:
JUDGMENT
This appeal is filed with the delay of two days.
2. Petitioner has filed the instant writ petition
challenging the order dated 14.11.2017 by the Deputy
Commissioner, Bengaluru Urban District, Bengaluru
(respondent No.2) under Section 136(3) of the
Karnataka Land Revenue Act, 1964.
3. Heard Shri N.R. Naik, learned Advocate for the
appellants through video conference and Shri Khamroz
Khan, learned AGA for respondents No.1 to 4-State
and Shri N.S. Bhat, learned Advocate for respondents
No.5, 6, 9 and 10.
NC: 2024:KHC:1655-DB
4. Law has been settled by this Court in Jayamma
and Others Vs. State of Karnataka and Others1. The
Hon'ble Single Judge has, in our opinion, rightly
disposed of the writ petition, reserving liberty to the
writ petitioners to approach the Civil Court.
5. Having considered the appeal both on delay
and merits, we are at one with the view taken by the
Hon'ble Single Judge. Accordingly, the appeal is
dismissed.
6. In view of dismissal of the appeal, pending
interlocutory applications, if any, do not survive for
consideration and they stand disposed of.
No costs.
Sd/-
JUDGE
Sd/-
JUDGE
PA
ILR 2020 KAR 1449
