Karnataka High Court
Telecom Employees Co-Operative ... vs The State Of Karnataka on 29 October, 2024
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WA No. 1083 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF OCTOBER, 2024
PRESENT
THE HON'BLE MR N. V. ANJARIA, CHIEF JUSTICE
AND
THE HON'BLE MR JUSTICE K. V. ARAVIND
WRIT APPEAL NO. 1083 OF 2024 (KLR-RES)
BETWEEN:
TELECOM EMPLOYEES CO-OPERATIVE
HOUSING SOCIETY LTD.,
NO.23, 1ST FLOOR,
RAILWAY PARALLEL ROAD,
SHESHADRIPURAM,
BENGALURU 560 020.
REPRESENTED BY ITS
AUTHORISED SIGNATORY,
SRI. C.V. MANJUNATHA,
AGED ABOUT 71 YEARS,
Digitally S/O LATE VENKATANARASIMHAIAH.
signed by
PRABHAKAR ...APPELLANT
SWETHA
KRISHNAN (BY SRI. K.K. VASANTH, ADVOCATE)
Location:
High Court AND:
of Karnataka
1. THE STATE OF KARNATAKA,
REP. BY ITS SECRETARY TO THE GOVERNMENT,
REVENUE DEPARTMENT,
M.S. BUILDING,
BENGALURU 560 000.
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WA No. 1083 of 2024
2. THE DEPUTY COMMISSIONER
BENGALURU URBAN DISTRICT,
BENGALURU 560 009
3. THE ASSISTANT COMMISSIONER
BENGALURU NORTH SUB-DIVISION,
BENGALURU 560 009
4. THE TAHSILDAR
BENGALURU NORTH (ADDL) TALUK,
YELAHANKA,
BENGALURU 560 064
SMT. KEMPAMMA
DIED ON 27.09.2021
SINCE DECEASED BY HER LRS.
5. SMT. SUMITHRA
D/O LATE KEMPAMMA,
AGED ABOUT 41 YEARS.
6. SRI. SHIVAKUMAR
S/O LATE KEMPAMMA,
AGED ABOUT 38 YEARS.
7. SMT. ARUNA
D/O LATE KEMPAMMA,
AGED ABOUT 34 YEARS.
RESPONDENTS 5, 6 AND 7
ARE R/AT NO. 58, 6TH MAIN ROAD,
ATAUR LAYOUT,
ATTUR POST, YELAHANKA HOBLI,
BENGALURU 560 064
...RESPONDENTS
(BY SRI. K.S. HARISH, AGA FOR R1 TO R4;
SRI. V.R. BALARAJ, ADVOCATE FOR R5 TO R7)
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WA No. 1083 of 2024
THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP No-
57751/2015 (KLR-RES) ON THE FILE OF LEARNED SINGLE
JUDGE OF THIS HONBLE COURT HEAR THE PARTIES AND PASS
A JUDGMENT TO SET ASIDE THE ORDERS DATED 28.05.2024
IN WP No-57751/2015 (KLR-RES) PASSED BY THE LEARNED
SINGLE JUDGE OF THIS HONBLE COURT AND PASS SUCH
OTHER ORDERS AS THIS HON'BLE COURT DEEMS FIT TO PASS,
IN THE INTEREST OF JUSTICE AND EQUITY.
THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
CORAM: HON'BLE THE CHIEF JUSTICE MR. JUSTICE
N. V. ANJARIA
and
HON'BLE MR JUSTICE K. V. ARAVIND
ORAL JUDGMENT
(PER: HON'BLE THE CHIEF JUSTICE
MR. JUSTICE N. V. ANJARIA)
Heard learned Advocate Shri K.K.Vasanth for the
appellant, learned Additional Government Advocate
Shri K.S.Harish for respondents No.1 to 4 and learned advocate
Shri V.R.Balaraj for respondents No.5 to 7.
2. The present appeal under Section 4 of the Karnataka High
Court Act, 1961 is directed against the judgment and order of
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the learned Single Judge whereby the writ petition was allowed,
passing the following order,
"Impugned order produced at Annexure-A in case
No.LND(NA).CR.686/2011-12 passed by the respondent No.4 is
quashed and matter is remitted to the respondent No.4 to pass
appropriate orders for effecting phodi and durasti in respect of the
subject land in accordance with law and in the light of the
observations made above, after considering the orders passed by the
respondent Nos.2 and 3 dated 06.07.2010 and 23.12.2009 as per
Annexures-E and F respectively, within an outer limit of four months
from the date of receipt of certified copy of this order."
3. In the writ petition, what was prayed by the petitioner was
to set aside the undated order of respondent No.4 - Tahasildar,
Yelahanka, Bangalore, passed in LND(NA).CR.686 OF 2011-12.
It was further prayed in the writ petition to direct respondents
No.2 to 4 to affect phodi and durasti in respect of the land in
question which is 4 acres and 08 guntas.
3.1. By the aforesaid order, application of the respondent
Smt.Kempamma for Phodi and Dhurasti was directed to be
considered as per the rules in the event of the respondent
applying for the same only for 2 acres and 04 guntas in Survey
No.72 along with original records. The application of the
respondent for Phodi and Durasti in respect of 4 acres and 08
guntas was not acceded to.
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4. As could be seen from the operative directions issued by
learned Single Judge while disposing of the writ petition,
learned Single Judge has, after passing the order, remanded
the case to the respondent No.4 to pass appropriate orders
afresh.
5. When the order is only of remand, this Court is not inclined
to interfere with the same and exercise the appellate
jurisdiction. When the remand proceedings would be
considered, parties including the appellant will have opportunity
to submit the case on merits.
5.1. It is however clarified that while deciding on remand,
respondent No.4 shall not be influenced by any observation
made by the learned Single Judge, if touches on merit and shall
independently examine the case to pass fresh orders after
hearing both sides.
5.2. The competent authority shall decide the proceedings of
remand within twelve weeks from today.
6. No further relief could be granted to the appellant.
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7. The appeal is not entertained subject to above limited
observations and it is accordingly disposed of.
Sd/-
(N. V. ANJARIA)
CHIEF JUSTICE
Sd/-
(K. V. ARAVIND)
JUDGE
YN
