Karnataka High Court
Sri M Gopi vs The State Of Karnataka on 24 June, 2025
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WP No. 10262 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF JUNE, 2025
BEFORE
THE HON'BLE MR JUSTICE E.S.INDIRESH
WRIT PETITION NO. 10262 OF 2024 (KLR-RES)
BETWEEN:
1. SRI M GOPI
S/O LATE MUNINARASAPPA
AND LATE HANUMAKKA
AGED ABOUT 62 YEARS,
RESIDING AT NO.90, 7TH CROSS,
KEESKAR FOUNDRY,
BENGALURU - 560 022.
2. SRI MURTHY
S/O LATE MUNIYAPPA,
GRAND SON OF LATE HANUMAKKA
AGED ABOUT 36 YEARS,
RESIDING AT NO.90, 7TH CROSS
KEESKAR FOUNDRY,
BENGALURU - 560022.
Digitally signed 3. SRI MARIYAPPA,
by SHARMA S/O LATE MUNINARASAPPA
ANAND CHAYA AND LATE HANUMAKKA
Location: HIGH
COURT OF AGED ABOUT 57 YEARS
KARNATAKA RESIDING AT NO.525,
BEHIND ASHOKA TALKIES,
BENGALURU - 560090.
4. SMT. SANDHYA
D/O LATE NARASIMHAIAH,
GRAND DAUGHTER OF LATE HANUMAKKA
AGED ABOUT 37 YEARS
RESIDING AT NO.80/1, 13TH CROSS,
KETHAMARANAHALLI, BENGALURU - 560010.
...PETITIONERS
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(BY SRI. BHADRINATH R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY REVENUE DEPARTMENT
VIDHANA SOUDHA, M.S.BUILDING
DR. B.R. AMBEDKAR VEEDHI
BENGALURU - 560001, BY ITS SECRETARY.
2. THE DEPUTY SPECIAL COMMISSIONER -3
BENGALURU NORTH SUB DIVISION,
BENGALURU - 560009.
3. THE ASSISTANT COMMISSIONER,
BENGALURU NORTH SUB DIVISION,
BENGALURU - 560001.
4. THE TAHSILDAR
BENGALURU NORTH TALUK,
BENGALURU URBAN DISTRICT,
BENGALURU - 560009.
5. THE DEPUTY TAHSILDAR
NADAKACHERI, YESHWANTHPURA,
BENGALURU NORTH TALUK,
BENGALURU - 560022.
6. SMT. NAGAVENI,
W/O NARASIMHAIAH,
D/O LATE HANUMAKKA,
AGED ABOUT 58 YEARS
RESIDING AT NO.80/1, 13TH CROSS,
KETHAMARANAHALLI, RAJAJINAGARA
BENGALURU - 560010.
7. SMT. LEELAMMA
W/O SHIVAPPA
D/O LATE HANUMAPPA
RESIDING AT NO. 1345
RAMPRASAD NILAYA,
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15TH MAIN, `E' BLOCK,
RAJAJINAGAR 2ND STAGE
BENGALURU - 560010.
8. SMT. P. CHENNAMMA
W/O LATE D. MUNIVENKATAPPA
SINCE DEAD BY HER LRS
SRI P NAGARAJU
S/O LATE MUNIVENAKTAPPA
AGED ABOUT 78 YEARS
RESIDING AT NO.24,
2ND CROSS, 2ND MAIN, BENNIGANAHALLI,
DOORAVANINAGARA
BENGALURU - 560016.
9. SMT. P KANTHAMMA
D/O LATE D MUNIVENKATAPPA
W/O LATE B LAKSHMAIAH
AGED ABOUT 74 YEARS
RESIDING AT NO. 778, 7TH `A' MAIN,
1ST BLOCK, HRBR LAYOUT,
1ST BLOCK, KALYANANAGARA
BENGALURU - 560043.
10. SMT. SHUKLA DEVI
D/O LATE D. MUNIVENKATAPPA
W/O B GOVINDAPPA
AGED ABOUT 57 YEARS
RESIDING AT NO.83,
2ND CROSS, 2ND MAIN, BENNIGANAHALLI,
DOORAVANINAGARA
BENGALURU - 560016.
11. SRI NARASIMHA MURTHY C
S/O LATE CHIKKAMADAPPA
AGED ABOUT 50 YEARS,
RESIDING AT KEMPAPURA VILLAGE
4TH BLOCK, CHIKKABANAVARA POST
BENGALURU NORTH TALUK - 560090.
...RESPONDENTS
(BY SMT.NAVYA SHEKHAR, AGA FOR R1 TO 5,
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SRI P M SIDDAMALLAPPA, ADV., FOR R6, R7, R9 & R10,
SRI SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R11,
R8 - SD & UNREPRESENTED)
THIS W.P. IS FILED UNDERT ARTICLES 226 AND 227 OF
CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED
ORDER DTD. 04.10.2023 IN RRT(APPEAL)NO.1/2014-15 C/W
RRT(2)NCR.17/2022-23 PASSED BY THE R-2 AS FOUND AT
ANNX-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING
IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE E.S.INDIRESH
ORAL ORDER
In this writ petition, petitioners are assailing the
impugned order dated 04.10.2023 in RRT(APPEAL)
NO.01/2014-15 C/W RRT(2)NCR.17/2022-23 passed by the
respondent No.2 produced at Annexure-A.
2. Heard, Sri. Bhadrinath R., learned counsel
appearing for the petitioner, Smt. Navya Shekar, learned AGA
for respondent Nos.1 to 5, Sri P.M. Siddamallappa, learned
counsel for respondent Nos.6, 7, 9 and 10, and
Sri Shivarudrappa Shetkar, learned counsel appearing for
respondent No.11.
3. Sri R.Bhadrinath, learned counsel appearing for the
petitioners contended that, the land in question has been
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granted in favour of the grand father of the petitioners herein
and thereafter, grant made in favour of the petitioners was
challenged before this Court in W.P.No.5271/1995, and this
Court vide order dated 16.01.2001 at Annexure-E, allowed the
writ petition filed by one Mysore Stone Wear Pipes and
Potteries Limited, and remanded the matter to the Authority for
fresh consideration in accordance with law in respect of the
land bearing Sy.No.79 and 90 of Chikkabanavara Village,
Yeshwanthapura Hobli, Bengaluru North Taluk. It is further
contended that, both the authorities have not considered the
factual aspects on record, the respondent Authorities have not
taken decision in terms of the order passed by this Court at
Annexure-E, and therefore, sought for interference of this
Court.
4. Per contra, learned counsel appearing for the
respondent No.11 filed a memo and submitted that, suit in
O.S.No.719/2017 is pending consideration before the Civil
Court with regard to title in respect of subject land between the
parties, and unless the said suit is concluded by determining
the rights of the parties, impugned order passed by the
respondent-authorities is just and proper.
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5. Learned Additional Government Advocate reiterates
the submission made by the learned counsel appearing for the
private respondents.
6. Having taken note of the submissions made by the
learned counsel appearing for the parties, on careful
examination of the order dated 16.01.2001, in
W.P.No.5271/1995 produced at Annexure-E, wherein, this
Court, allowed the writ petition and remanded the matter for
fresh consideration with regard to regrant of the land in
question. Though the suit is pending consideration before the
Competent Civil Court , I am of the view that, no interference is
called for in this writ petition. However, the parties have to
await judgment and decree that may be made in
O.S.No.719/2017 which would determine the rights of the
parties is concerned.
7. After conclusion of the proceedings in
O.S.No.719/2017, it is open for the parties to approach the
Revenue Authorities.
8. Till the conclusion of the suit as stated above, the
revenue entries as stood before, shall continue.
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9. With these observations, the petition stands
dismissed.
Sd/-
(E.S.INDIRESH)
JUDGE
HR
