Karnataka High Court
M.Venuprasad S/O. M. Raghavendra Rao vs The Thasildar Ballari on 3 June, 2025
Author: R.Devdas
Bench: R.Devdas
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NC: 2025:KHC-D:7273-DB
WA No.100009 of 2022
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 3RD DAY OF JUNE, 2025
PRESENT
THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
WRIT APPEAL NO.100009 OF 2022 (KLR-RES)
BETWEEN:
1. M. VENUPRASAD
S/O. M. RAGHAVENDRA RAO
AGE. 61 YEARS, OCC. AGRICULTURE,
R/O. SRINAGAR, RARAVI POST,
TQ. SIRUGUPPA, DIST. BALLARI.
NOW RESIDING AT. FLAT NO.202,
SAMSKRUTI APARTMENT,
GANESH NAGAR, OLD JEEVARGI ROAD,
TQ. AND DIST. KALABURAGI-585 103.
2. SMT. M. ANURADHA
W/O. VENUPRASAD
AGE. 57 YEARS, OCC, AGRICULTURE,
R/O. SRINAGAR, RARAVI POST,
TQ. SIRUGUPPA, DIST. BALLARI-583 101.
MOHANKUMAR ...APPELLANTS
B SHELAR
(BY SRI. GIRISH V. BHAT, ADVOCATE)
Digitally signed by
MOHANKUMAR B
SHELAR
Location: High Court of
Karnataka, Dharwad Bench
Date: 2025.06.04 10:20:46
+0530
AND:
1. THE THASHILDAR BELLARY
TQ. AND DIST. BELLARY-583 101.
2. THE ASSISTANT COMMISSIONER
TQ AND DIST. BELLARY-583 101.
3. THE SPECIAL LAND ACQUISITION OFFICER
K.I.A.D.B. OPP TO D.C. OFFICE, KAROOR ROAD,
TQ. AND DIST. DAVANGERE-577 001.
4. BANDAMMA
W/O. LATE RAMANNA @ DODDARAMANNA
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WA No.100009 of 2022
HC-KAR
AGE. 65 YEARS, OCC. AGRICULTURE,
R/O. JENUKUNTE VILLAGE,
TQ AND DIST. BELLARY-583 101.
5. ULLIKAL VEERESH @ VEERESHAPPA
S/O. LATE RAMANNA @ DODDA RAMANNA,
AGE. 50 YEARS, OCC. AGRICULTURIST,
R/O. JANAKUNTE VILLAGE,
TQ AND DIST. BELLARY-583 101.
6. ULLIKAL THIMAPPA
S/O. RAMANNA @ DODDA RAMANNA
AGE. 38 YEARS, OCC. AGRICULTURIST,
R/O. JANAKUNTE VILLAGE,
TQ AND DIST. BELLARY-583 101.
7. ULLIKAL RAJ
S/O. LATE RAMANNA @ DODDA RAMANNA
AGE. 35 YEARS, OCC. AGRICULTURIST,
R/O. JANAKUNTE VILLAGE,
TQ AND DIST. BELLARY-583 101.
...RESPONDENTS
(BY SRI. T. HANUMAREDDY, AGA FOR R1 & R2;
SMT. SHARMILA M. PATIL, ADVOCATE FOR R3;
SRI. RAVI HEGDE, ADVOCATE FOR R4 TO R7)
WRIT APPEAL FILED UNDER SECTION 4 OF THE KARNATAKA
HIGH COURT ACT 1961, PRAYING TO, ALLOW THE APPEAL AND SET
ASIDE THE IMPUGNED ORDER PASSED BY THE LEARNED SINGLE
JUDGE OF THIS HON'BLE COURT IN WP.NO.102615/2014 (KLR-RES)
DATED 30.11.2021 AND REMAND THE MATTER TO BE HEARD AND
DISPOSED OF BY THE LEARNED SINGLE JUDGE OF THIS HON'BLE
COURT ALONG WITH WP NO.103714/2018 AND ETC.
THIS WRIT APPEAL, COMING ON FOR HEARING ON
INTERLOCUTORY APPLICATION, THIS DAY, JUDGMENT WAS
DELIVERED THEREIN AS UNDER:
CORAM: THE HON'BLE MR. JUSTICE R.DEVDAS
AND
THE HON'BLE MR. JUSTICE K V ARAVIND
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NC: 2025:KHC-D:7273-DB
WA No.100009 of 2022
HC-KAR
ORAL JUDGMENT
(PER: THE HON'BLE MR. JUSTICE R.DEVDAS)
Although the matter is coming up for hearing on
interlocutory application, with the consent of learned
counsel on both sides, the matter is taken up for final
disposal.
2. Appellants are aggrieved of the impugned order
passed by the learned Single Judge in
W.P.No.102615/2024 dated 30.11.2021.
3. Learned counsel for the appellants submits that
contesting respondent Nos.4 to 7 have filed the writ
petition without making the appellants a party to the
proceedings. They have not disclosed the fact that late
Sri.Ramanna, the husband of respondent No.4 and father
of respondent Nos.5 to 7 had sold the property in question
under two separate sale deeds dated 18.11.1996, to the
appellants. The appellants herein have got the katha
registered in their names, subsequent to the death of late
Ramanna the original writ petitioners have filed a suit
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seeking declaration and partition and the appellants herein
are also arraigned as defendants in the said suit. Some of
the persons who claim along with respondent Nos.4 to 7
have also filed one more writ petition in
W.P.No.103714/2018, where the appellants herein have
been arraigned as respondent Nos.12 and 13. The said
writ petition is still pending consideration. However, in the
meanwhile, the contesting respondents have filed the writ
petition seeking direction to the revenue authorities to
consider their representation dated 05.01.2012 for
entering their names in the land records, on the strength
that occupancy rights were conferred by the Land Tribunal
by order dated 08.10.1986 in favour of late Sri.Ramanna.
Learned counsel submits that contesting respondents have
not disclosed anything in respect of the sale deeds
executed by late Sri.Ramanna in favour of the appellants
herein. In that view of the matter, it is submitted that this
writ appeal has been filed along with an interlocutory
application in I.A.No.4/2022 seeking leave of this court to
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HC-KAR
file this appeal although appellants herein were not parties
to the proceedings before the learned Single Judge.
4. Having heard the learned counsel for the
appellants and the learned counsel for the contesting
respondents, we are of the considered opinion that, the
contesting respondents filed writ petition without
arraigning the appellants herein as party respondents to
the proceedings, and have obtained an order at the hands
of the learned Single Judge direly affecting the rights of
the appellants. Therefore, the contesting respondents are
guilty of obtaining such an order by keeping the appellants
herein in dark. Moreover, another writ petition in
W.P.No.103714/2018 is still pending consideration before
this court where the appellants herein and the contesting
respondents are also parties. The suit filed at the hands of
the contesting respondents is also to be decided which will
finally decide the case on its merit.
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HC-KAR
5. Consequently, the writ appeal is allowed while
allowing the application in I.A.No.4/2022. The impugned
order passed by the learned Single Judge in
W.P.No.102615/2014 dated 30.11.2021 is hereby set
aside.
6. Ordered accordingly.
Sd/-
(R.DEVDAS)
JUDGE
Sd/-
(K V ARAVIND)
JUDGE
MBS, CT:VP
