Karnataka High Court

Sri. Venkataramanappa @ Doddanna vs Prl. Secretary To Government on 19 November, 2024

Author: M.G.S. Kamal

Bench: M.G.S. Kamal

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                                                    RP No. 261 of 2024




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                     DATED THIS THE 19TH DAY OF NOVEMBER, 2024

                                      PRESENT
                     THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
                                         AND
                        THE HON'BLE MR JUSTICE M.G.S. KAMAL
                           REVIEW PETITION NO. 261 OF 2024
                                          IN
                          WRIT APPEAL NO.1168 OF 2022 (LR)
              BETWEEN:

              1.   SRI. VENKATARAMANAPPA @ DODDANNA
                   S/O. LATE HANUMADASAPPA
                   SINCE DEAD BY HIS LRS

                   SRI DASEGOWDA
                   S/O. LATE VENKATARAMANAPPA
                   AGED ABOUT 65 YEARS
                   SINCE DEAD BY HIS LRS

Digitally          SMT. VENKATAMMA (1ST WIFE)
signed by          W/O. LATE DASEGOWDA
AMBIKA H B
                   AGED ABOUT 76 YEARS
Location:
High Court of
Karnataka     2.   SMT. KEMPAMMA (2ND WIFE)
                   W/O. LATE DASEGOWDA
                   AGED ABOUT 65 YEARS

              3.   SRI RANGASWAMY
                   S/O LATE DASEGOWDA
                   AGED ABOUT 56 YEARS

              4.   SRI VENKATEGOWDA
                   S/O LATE DASEGOWDA
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     AGED ABOUT 52 YEARS

5.   SRI BYRAHANUMEGOWDA
     S/O DASEGOWDA
     AGED ABOUT 51 YEARS

6.   SRI KEMPEGOWDA
     S/O LATE DASEGOWDA
     AGED ABOUT 51 YEARS

7.   SRI RAGHU
     S/O LATE DASEGOWDA
     AGED ABOUT 42 YEARS

8.   SRI MANJUNATH
     S/O LATE DASEGOWDA
     AGED ABOUT 40 YEARS

     PETITIONERS NO.1 TO 8 ARE
     RESIDING AT NO 228,
     MUDDINAPALYA MAIN ROAD,
     OPP. GOVT SCHOOL
     BENGALURU - 560 091.

9.   SRI GANGAPPA, SINCE DEAD BY HIS LRS
     S/O LATE VENKATARAMANAPPA
     AGED ABOUT 59 YEARS,

     SMT GANGALAKSHMAMMA
     W/O LATE GANGAPPA
     AGED ABOUT 56 YEARS

10. SRI RAVIKUMAR G
    S/O GANGAPPA
    AGED ABOUT 36 YEARS

11. SRI JAYARAMA G
    S/O LATE GANGAPPA
    AGED ABOUT 35 YEARS
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                                   RP No. 261 of 2024




   SL. No.9 TO 11 ARE
   R/AT NO 229
   MUDDINAPALYA MAIN ROAD,
   MUDDINAPALYA
   BENGALURU NORTH
   BENGALURU - 560 091

12. SMT. KAVITHA P
    W/O. HANUMANTHARAYAPPA G
    AGED ABOUT 39 YEARS

13. MS. KRUPA H
    D/O HANUMANTHARAYAPPA G
    AGED ABOUT 16 YEARS

14. ULLAS GOWDA H
    S/O HANUMANTHARAYAPPA G
    AGED ABOUT 12 YEARS

   PETITIONERS No.13 ABD 14 ARE MINORS
   REP. BY MOTHER AND NATURAL GUARDIAN MOTHER
   SMT. KAVITHA P

   SL.NO.12 TO 14 ARE
   R/AT No.1
   MAGADI MAIN ROAD,
   BYDARAHALLI,
   BENGALURU NORTH,
   BENGALURU - 560 091

15. SRI BYRAPPA
    S/O LATE VENKATARAMANAPPA
    AGED ABOUT 61 YEARS

16. SMT CHENNAMMA
    D/O LATE VENKATARAMANAPPA
    W/O LATE RANGAPPA
    AGED ABOUT 73 YEARS
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     PETITIONERS No.15 AND 16 ARE
     RESIDING AT MUDDAINAPALYA VILLAGE
     VISHWANEEDAM POST,
     YESHWANTHPUR HOBLI,
     BANGALORE NORTH TALUK - 560 091.
                                            ...PETITIONERS
(BY SRI G.A. MITHUN, ADVOCATE)

AND:

1.   PRL. SECRETARY TO GOVERNMENT
     DEPARTMENT OF REVENUE,
     M S BUILDING,
     BENGALURU - 560 001

2.   THE DEPUTY COMMISSIONER
     BENGALURU URBAN DISTRICT
     BENGALURU - 560 009

3.   SRI HARISH KUMAR
     AGED ABOUT 56 YEARS,
     S/O LATE VENKATARAMAIAH

4.   SMT. B.V. VENKATALAKSHMAMMA
     AGED ABOUT 70 YEARS,
     D/O LATE VENKATARAMAIAH

5.   SMT. B V PARVATHAMMA
     AGED ABOUT 68 YEARS,
     D/O LATE VENKATARAMAIAH

6.   SMT B V CHANDRAMMA
     AGED ABOUT 65 YEARS,
     D/O LATE VENKATARAMAIAH

7.   SMT B V MANJULA
     AGED ABOUT 49 YEARS,
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     D/O LATE VENKATARAMAIAH

     RESPONDENTS No.3 TO 7 ARE
     R/AT No. 33, 12TH E CROSS,
     AGRAHARADASARAHALLI,
     MAGADI ROAD,
     BENGALURU - 560 023

8.   SRI MALLESH KUMAR
     AGED ABOUT 51 YEARS
     S/O LATE LINGAMMA

9.   SMT. LAKSHMI
     AGED ABOUT 44 YEARS
     D/O LATE LINGAMMA

10. SMT. NANJAMMA
    W/O DOLLAIAH
    AGED ABOUT 64 YEARS,

     RESPONDENTS No.8 TO 10 ARE
     R/AT NO E-42, 2ND CROSS,
     GOPALAPURA
     MAGADI ROAD
     BENGALURU - 560 023

11. SRI H DAYAKAR
    S/O LATE HANUMAIAH
    AGED ABOUT 64 YEARS

12. SRI H JANARDHAN
    S/O LATE HANUMAIAH
    AGED ABOUT 64 YEARS

13. SRI H RAMACHANDRA
    S/O LATE HANUMAIAH
    AGED ABOUT 56 YEARS
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14. SRI H CHANDRASHEKAR
    S/O LATE HANUMAIAH
    AGED ABOUT 48 YEARS
    RESPONDENTS No.11 TO 14 ARE
    R/AT ULLALU VILLAGE,
    YESHWANTHPUR HOBLI,
    BENGALURU NORTH TALUK - 560 110

15. SRI GOVINDA
    AGED ABOUT 66 YEARS
    SON OF LATE THIMMAIAH

16. SRI VENKATAPPA
    AGED ABOUT 54 YEARS
    SON OF LATE THIMMAIAH

17. SRI DAYANANDA
    AGED ABOUT 44 YEARS
    SON OF LATE THIMMAIAH

   RESPONDENTS NOS.15 TO 17 ARE
   R/AT No.13,
   E STREET, 2ND CROSS
   GOPALAPURA
   BENGALURU - 560 023

18. SRI D KRISHNA MURTHY
    AGED ABOUT 39 YEARS
    S/O LATE DASAPPA

19. SRI D LOKESH
    AGED ABOUT 36 YEARS
    S/O LATE DASAPPA

20. SRI D MANJUNATH
    AGED ABOUT 35 YEARS
    S/O LATE DASAPPA
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21. SRI D PRAKASH
    AGED ABOUT 30 YEARS
    S/O LATE DASAPPA
22. SMT SARASWATHI
    AGED ABOUT 50 YEARS
    D/O LATE GOVINDA

   RESPONDENT NOS.18 TO 22 ARE
   RESIDING AT No.20
   E STREET, 2ND CROSS
   GOPALAPURA, MAGADI ROAD,
   BENGALURU - 560 023.

23. SRI ANANDA @ ANANDA MURTHY
    AGED ABOUT 42 YEARS
    S/O LATE PUTTAIAH

24. SMT LAKSHMI
    AGED ABOUT 36 YEARS
    DAUGHTER OF LATE PUTTAIAH

25. SRI LAKSHMANA
    AGED ABOUT 33 YEARS
    S/O LATE PUTTAIAH

26. SMT KOMALA
    AGED ABOUT 28 YEARS
    DAUGHTER OF LATE PUTTAIAH

   RESPONDENTS NOS.23 TO 26 ARE
   RESIDING AT No.11
   E STREET, 7TH CROSS
   GOPALAPURA, MAGADI ROAD
   BENGALURU - 560 023.

27. SRI SHANKARA
    AGED ABOUT 65 YEARS
    S/O LATE MALLAIAH
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28. SRI BALACHANDRA
    AGED ABOUT 44 YEARS
    S/O LATE MALLAIAH
29. SRI NARASIMHA RAJU
    AGED ABOUT 40 YEARS
    S/O LATE MALLAIAH

30. SMT PADMAVATHI
    AGED ABOUT 42 YEARS
    D/O LATE MALLAIAH

31. SMT HEMAVATHI
    AGED ABOUT 37 YEARS
    D/O LATE MALLAIAH

32. SRI NAGARAJ
    AGED ABOUT 50 YEARS
    S/O LATE MALLAIAH

   RESPONDENTS NOS.27 TO 32 ARE
   RESIDING AT No.6 B STREET,
   2ND CROSS,
   GOPALAPURA,
   MAGADI ROAD,
   BENGALURU - 560 023

   RESPONDENTS NOS.3 TO 32 ARE
   REPRESENTED BY THEIR REGISTERED
   GENERAL POWER OF ATTORNEY HOLDER
   SRI R. CHANDRU
   S/O LATE RAMAPPA
   AGED 58 YEARS
   RESIDING AT No.204,
   2ND FLOOR,
   AHUJA CHAMBERS No.1
   KUMARAKRUPA ROAD
   BENGALURU - 560 001
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33. SMT SAROJAMMA
    W/O LATE K N SRINIVAS GUPTA
    AGED ABOUT 77 YEARS

34. SRI M S MOHAN KUMAR
    S/O LATE K N SRINIVAS GUPTA
    AGED ABOUT 60 YEARS

35. SRI K S SURENDRA BABU
    S/O LATE K N SRINIVAS GUPTA
    AGED ABOUT 62 YEARS

36. SRI K S VISHWAKIRAN
    S/O LATE K N SRINIVAS GUPTA
    AGED ABOUT 56 YEARS

37. SRI K S SUBBARAJU
    S/O LATE K N SRINIVAS GUPTA
    AGED ABOUT 56 YEARS

    RESPONDENTS No.33 TO 37 ARE
    R/AT NO 9, 100 FEET ROAD,
    BANASHANKARI
    2ND STAGE
    4TH BLOCK,
    BENGALURU - 560 085

38. SRI R V BHASKAR
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI,

39. SRI R V SUDHIR
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI

40. SRI R V GIRIDHAR
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI
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41. SRI R V SHANKAR
    AGED MAJOR
    S/O LATE VENKATA CHALAPATHI

42. SRI A MUDLAPPA
    AGED MAJOR
    S/O LATE RAJA VENKATARAMANAPPA,

   RESPONDENTS No.38 TO 42
   R/AT No.228,
   MUDDINAPALYA MAIN ROAD,
   OPP. GOVT SCHOOL
   BENGALURU - 560 091

43. THE CHAIRMAN
    LAND TRIBUNAL
    BENGALURU NORTH TALUK
    BENGALURU - 560 001

44. SRI RUDRA MURTHY
    S/O H S SADASHIVAIAH
    AGED ABOUT 70 YEARS

45. SRI CHANDRAN
    S/O LATE NANJUNDAPPA
    AGED ABOUT 70 YEARS

46. SRI NARASAPPA
    S/O BASAPPA
    AGED ABOUT 58 YEARS

47. SRI GANGARAJU
    S/O NAGARAJU
    AGED ABOUT 58 YEARS

48. SRI MUDDUHONNAIAH
    S/O JAYANNA
    AGED ABOUT 70 YEARS
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49. SRI CHANDRAPPA
    S/O LATE RAJAPPA
    AGED ABOUT 50 YEARS

50. SRI Y MANJUNATHA
    AGED ABOUT 54 YEARS,
    S/O LATE YELLAPPA
    RESIDING AT NO 24
    2ND CROSS
    2ND MAIN
    HOSAHALLI
    VIJAYANAGAR,
    BENGALURU - 560 040

                                           ...RESPONDENTS
(BY SMT. SHWETHA KRISHNAPPA, AGA AND
   SRI MOHAMMED JAFFAR SHAH, AGA FOR R1 AND R2)


     THIS REVIEW PETITION IS FILED UNDER SECTION 24
OF THE CPC, PRAYING REVIEW THE COMMON ORDER
DATED 23.01.2024 PASSED IN W.A. 1168/2022 CONNECTED
WITH OTHER WRIT APPEALS (COMMON ORDER DATED
23.01.2024   PASSED        IN       W.A.NO.1115/2022    C/W
W.A.NO.1125/2022,   W.A.NO.1167/2022,      W.A.NO.1267/2022,
W.A.NO.398/2023,    W.A.NO.474/2023,        W.A.NO.489/2023,
W.A.NO.1458/2023) BY ALLOWING THIS REVIEW PETITION IN
THE INTEREST OF JUSTICE AND EQUITY.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
       N. V. ANJARIA
       and
       HON'BLE MR JUSTICE M.G.S. KAMAL


                         ORAL JUDGMENT

(PER: HON'BLE THE CHIEF JUSTICE MR. JUSTICE N. V. ANJARIA)

Learned advocate Mr. G.A. Mithun for the review petitioners

seeks permission to withdraw the present review petition on the

ground that the State has filed special leave petition before the

Hon'ble Supreme Court.

2. Permission to withdraw the review petition is granted.

3. This Court has not gone into the merits of the case in view of

the withdrawal of the review petition.

4. The review petition is dismissed as withdrawn.

5. At this stage, learned advocate for the review petitioners

submitted that he may be permitted to file memo seeking

withdrawal. If such memo is filed in course of the day, the Registry