Mr. H Kempaiah Since Deceased Rep. By ... vs Additional Land Tribunal
2025 Latest Caselaw 9378 Kant

Karnataka High Court

Mr. H Kempaiah Since Deceased Rep. By ... vs Additional Land Tribunal on 25 October, 2025

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                                                     WA No. 1574 of 2025


             HC-KAR



                  IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                    DATED THIS THE 25TH DAY OF OCTOBER, 2025

                                      PRESENT
                        THE HON'BLE MR. JUSTICE D K SINGH
                                          AND
                      THE HON'BLE MR. JUSTICE RAJESH RAI K
                        WRIT APPEAL NO. 1574 OF 2025 (LR)
             BETWEEN:

                   MR. H KEMPAIAH
                   SINCE DECEASED REP. BY LRs.,

             1.    YASHODAMMA
                   W/O LATE H KEMPAIAH,
                   AGED ABOUT 85 YEARS,
                   R/AT BAGALUR VILLAGE,
                   JALA HOBLI, DEVANAHALLI TALUK,
                   BENGALURU-562 100.

             2.    K NAGARATHNAMMA
                   W/O NARAYANASWAMY AND
Digitally          D/O LATE H KEMPAIAH,
signed by
VASANTHA           AGED ABOUT 65 YEARS,
KUMARY B K         R/AT ATTIBELE BILLAGE,
Location:
HIGH               SULEBEL HOBLI, HOSKOTE TALUK,
COURT OF           BENGAURU RURAL DISTRICT-562 114.
KARNATAKA

             3.    K VIMALAMMA
                   W/O LATE JAYARAMAIAH,
                   D/O LATE H KEMPAIAH,
                   AGED ABOUT 62 YEARS,
                   KAIDARA MARG,
                   GANDHINAGAR BENGALURU-560009.

             4.    NARAYANA GOWDA
                   S/O LATE H KEMPAIAH,
                   AGED ABOUT 59 YEARS,
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     BAGALOOR, JALA HOBLI,
     DEVANAHALLI TALUK,
     BENGALURU-562100.

5.   K RADHA
     W/O G NARYANGOWDA,
     D/O LATE H KEMPAIAH,
     AGED ABOUT 56 YEARS,
     MATTHAGADAHALLI, KAIVARA HOBLI,
     CHINTAMANI TALUK,
     KOLAR DISTRICT-563125.

6.   MAMATHA
     W/O LATE RAMACHANDRAGOWDA,
     D/O LATE H KEMPAIAH,
     AGED ABOUT 55 YEARS,
     NO. 22 II A MAIN,
     BENGALURU-560084.

7.   SMT K CHANDRIKA
     W/O K V SREENIVAS REDDY,
     D/O LATE H KEMPAIAH,
     AGED ABOUT 52 YEARS,
     R/AT YELLUKATTE, SRINGERI TALUK,
     CHIKMANGALURU DISTRICT-562101.

8.   B K RENUKA
     W/O CHANDRASHEKAR
     D/O LATE H KEMPAIAH,
     AGED ABOUT 52 YEARS,
     KANNIGENAHALI
     CHIKBALAPURA TALUK,
     KOLAR DISTRICT-562101.

    REPRESENTED BY APPELLANT NOS.1 TO 8 GENERAL
    POWER OF ATTORNEY MR. NARAYANA GOWDA
                                          ...APPELLANTS
(BY SRI. DHYAN CHINNAPPA, SENIOR COUNSEL ALONG WITH
    SMT. NIKITA GANESH, ADVOCATE FOR
    SRI. SUNDARA RAMAN M V., ADVOCATE)
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AND:

1.   ADDITIONAL LAND TRIBUNAL
     BANGALORE NORTH TALUK,
     BENGALURU-560 004.

2.   THE STATE OF KARNATAKA
     BY THE DEPARTMENT OF REVENUE,
     VIDHANA SOUDHA,
     BENGALURU-560 001.

3.   THE TAHSILDAR
     BANGALORE NORTH ADDITIONAL TALUK
     BENGALURU-560004

     MUNIBYRAPPA,
     SINCE DECEASED REP. BY LRs.,

     M.RAMANNA,
     S/O MUNIBYRAPPA,
     SINCE DECEASED REP. BY LRs.,

4.   SRI GANESH
     S/O LATE NARAYANASWAMY
     AGED ABOUT 35 YEARS

5.   B R MUNIRAJU
     S/O LATE RAMANNA
     AGED ABOUT 62 YEARS

6.   SRI LAKSHMANAGOWDA
     S/O LATE RAMANNA
     AGED ABOUT 58 YEARS

7.   SRI LAKSHMANAMURTHY
     S/O LATE RAMANNA
     AGED ABOUT 50 YEARS

     R-4 TO R-8 ALL ARE
     R/AT BUDDIGERE VILLAGE AND POST
     CHANNARAYANAPATTNA HOBLI
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     BANGALORE RURAL DISTRICT-573116

     M.KRISHNAPPA,
     SINCE DECEASED REP. BY LRs.,

     SONNAMMA,
     SINCE DECEASED REP. BY LRs.,

8.   SHRI K SRINIVAS GOWDA
     S/O LATE KRISHNAPPA

9.   SRI K MANJUNATH
     S/O LATE KRISHNAPPA
     R/AT BOODIGERE VILLAGE,
     CHANNARAYAPATNA HOBLI,
     DEVANAHALLI TALUK,
     BENGALURU RURAL DISTRICT-562100

     NANJAPPA,
     SINCE DECEASED REP. BY LRs.,

     SONAPPA
     SINCE DECEASED REP. BY LRs.,

10. SMT BYAYYAMMA
    W/O LATE SONNAPPA

11. SHRI T S MUNIRAJAPPA
    S/O LATE SONNAPPA

12. SHRI T S NARAYANASWAMY
    S/O LATE SONNAPPA

13. SHRI S VEERANNA
    S/O LATE SONNAPPA

14. SHRI S MUNIYAPPA
    S/O LATE SONNAPPA

15. SHRI VENKATASWAMAPPA
    S/O N RAMAIAH
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    N RAMAIAH
    SINCE DECEASED REP. BY LRs.,

16. SMT KAMALAMMA
    W/O LATE N RAMAIAH
    AGE ABOUT 63 YEARS

17. SHRI R THYAGARAJ
    S/O LATE N RAMAIAH
    AGE ABOUT 54 YEARS

18. SHRI R KEMPARAJU
    S/O LATE N RAMAIAH
    AGE ABOUT 48 YEARS

19. SHRI R NENJEGOWDA
    S/O LATE N RAMAIAH
    AGE ABOUT 43

20. SHRI R MAHESHGOWDA
    S/O LATE N RAMAIAH
    AGE ABOUT 40 YEARS

    R-16 TO R-20 ALL ARE RESIDING AT
    THIRUMALENAHALLI, MANDUR POST,
    BIDARAHALLI HOBLI, BANGALORE EAST TALUK
    BANGALORE 560049

21. SHRI N KRISHNAPPA
    S/O LATE NANJAPPA

22. SRI N RAJANNA
    S/O LATE NANJAPPA

    N.MUNIRATHNA,
    S/O LATE NANJAPPA,
    SINCE DECEASED REP. BY LRs.,

23. SMT NANDHINI
    W/O LATE MUNIRATHNA
    AGED ABOUT 55 YEARS
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24. SHRI M AVINASH
    S/O LATE MUNIRATHNA
    AGED ABOUT 29 YEARS

25. SRI M RITESH
    S/O LATE MUNIRATHNA
    AGED ABOUT 29 YEARS

    R-25 TO R-27 ALL ARE RESIDING AT
    THIRUMALENAHALLI, MANDUR POST,
    BIDARAHALLI HOBLI,
    BANGALORE EAST TALUK-562129

    MUNISWAMAPPA @ DODDANNA
    SINCE DECEASED REP. BY LRs.,

    SHRI NANJAPPA @ DODDANANJAPPA,
    S/O MUNISWAMAPPA @ DODDANNA
    SINCE DECEASED REP. BY LRs.,

26. SMT CHIKKAMUNIYAMMA
    W/O LATE NANJAPPA @ DODDANANJAPPA
    AGED ABOUT 69 YEARS

27. SHRI BYANNA
    S/O LATE NANJAPPA @ DODDANANJAPPA
    AGED ABOUT 59 YEARS

28. SHRI MUNIRAJU
    S/O LATE NANJAPPA @ DODDANANJAPPA
    AGED ABOUT 47 YEARS

    NARAYANASWAMY,
    S/O LATE NANAJAPPA @ DODDANANJAPPA,
    SINCE DECEASED REP. BY LRs.,

29. SMT PARVATHAMMA
    W/O LATE NARAYANASWAMY
    AGE ABOUT 53 YEARS
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30. SHRI RAMESHA
    S/O LATE NARAYANASWAMY
    AGE ABOUT 29 YEARS

31. SHRI MADHU
    S/O LATE NARAYANASWAMY
    AGE ABOUT 25 YEARS

    CHIKKANNA,
    SINCE DECEASED REP. BY LRs.,

32. SHRI NAGARAJU @ NAGARAJAPPA
    S/O LATE CHIKKANNA
    AGE ABOUT 57 YEARS

33. SHRI JAYARAJU
    S/O LATE CHIKKANNA
    AGE 52 YEARS

34. SRI SHEKARA
    S/O LATE CHIKKANNA
    AGE 46 YEARS

    R-32 TO R-34 ARE RESIDING AT
    THIRUMALENAHALLI MANDUR POST,
    BIDARAHALLI HOBLI,
    BENGALURU EAST TALUK-562 129

    T.KEMPARAJU,
    SINCE DECEASED REP. BY LRS.,

35. SMT SHANTHAMMA
    D/O LATE KEMPARAJU
    AGE ABOUT 62 YEARS

36. SMT MANJULA
    D/O LATE KEMPARAJU
    AGE ABOUT 54 YEARS

37. SMT THYAGARI G K
    S/O LATE KEMPARAJU
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    AGED ABOUT 58

38. SMT GEEETHA
    D/O LATE KEMPARAJU
    AGED ABOUT 53 YEARS

39. SMT NALINA
    D/O LATE KEMPARAJU
    AGED ABOUT 59 YEARS

40. SMT. SUJATHA
    W/O LATE NARAYANASWAMY
    AGED ABOUT 59 YEARS

41. SRI NAVEEN
    S/O LATE NARAYANASWAMY
    AGED ABOUT 36 YEARS

42. SRI MANOHAR
    S/O LATE NARAYANASWAMY
    AGED ABOUT 34 YEARS

43. MS.SOWMYA
    D/O LATE NARAYANASWAMY
    AGED ABOUT 32 YEARS

    R-39 TO 45 ALL ARE
    RESIDING AT GANAGALOUR VILLAGE,
    KASABA HOBLI, HOSKOTE TALUK
    BENGALURU RURAL DISTRICT - 562114
                                         ...RESPONDENTS
(BY SRI. M.N. SUDEV HEGDE, AGA FOR R-1 TO R-3)

     THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA
HIGH COURT ACT PRAYING TO CALL FOR RECORDS IN WP
NO.23144/2017 AND SET ASIDE THE ORDER DATED
27/09/2024 BY THE LEARNED SINGLE JUDGE IN WP
NO.23144/2017 AND ETC.

     THIS APPEAL, COMING ON FOR PRELIMINARY HEARING,
THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER:
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CORAM: HON'BLE MR. JUSTICE D K SINGH
       and
       HON'BLE MR. JUSTICE RAJESH RAI K

                        ORAL JUDGMENT

(PER: HON'BLE MR. JUSTICE D K SINGH)

The instant writ appeal has been filed along with

I.A.No.1/2025 seeking to condone the delay of 326 days,

impugning the judgment and order dated 27.09.2024

passed in W.P.No.30369/2017 c/w W.P.No.23144/2017

and 24109/2017 and 27409/2017.

2 For the sake of convenience the parties are referred

to as per their ranking before the learned Single Judge.

3. The above mentioned writ petitions were filed by the

petitioners claiming occupancy rights over the land bearing

Survey Nos.1 to 104 of Chalamakunte, Jala Hobli,

Bengaluru North Taluk admeasuring 501 acres 5 guntas.

The learned Single Judge vide common judgment and

order impugned in this writ appeal allowed W.P.

Nos.30369/2017, 27409/2017, 24109/2017 and disposed

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off W.P.No.23144/2017. The operative portion of

impugned judgment and order passed by the learned

Single Judge reads as under :-

"1) Writ Petition No.27409 of 2017 is allowed and finding recorded by the Land Tribunal, Bengaluru North (Additional) Taluk, Bengaluru in the impugned order dated 22nd May, 2017 in Case No.INA.CR.01/1997-98 is set-aside in respect of claim made by the petitioner-T. Kemparaju and therefore, Revenue Authorities are directed to mutate the records in the name of legal representatives of T. Kemparaju in respect of the land to an extent of 160 acres, which is the subject matter in Original Suit No. 93 of 1953, (Execution Petition No. 151 of 1964;

2) Writ Petition Nos.30369 of 2017 and 24109 of 2017 are allowed by setting aside the order dated 22nd May, 2017 in Case No. INA.C.R.01/97-98 and matter is remitted to the Land Tribunal for fresh consideration in respect of claim made by the predecessors of petitioners in the light of observation made above, excluding the land to an extent of 160 acres, which is the subject matter in Original

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Suit No. 93 of 1953, (Execution Petition No. 151 of 1964;

3) Writ Petition No.23144 of 2017 is disposed of and matter is remitted to the Land Tribunal in entirety for fresh consideration in respect of claim made by H. Kempaiah, excluding the subject matter of land in Original Suit No.93 of 1953 (Execution Petition No.151 of 1964) in light of the observation made above;

4) The respondent-Land Tribunal is directed to expedite the hearing and dispose of the matter at the earliest in respect of the remaining land left out after excluding the land to an extent of 160 acres, which is the subject matter in Original Suit No.93 of 1953, (Execution Petition No. 151 of 1964."

4. The present appellants who were the respondents in

W.P.Nos.30369/2017 and 23144/2017 and petitioner in

the W.P.No.24109/2017 have filed W.A.No.1678/2024

impugning the said judgment and order dated 27.09.2024.

The said writ appeal came to be allowed vide judgment

dated 28.05.2025 and the judgment passed by the learned

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Single Judge was set aside. The said judgment passed by

the Division Bench in W.A.No.1678/2024 came to be

challenged before the Supreme Court by filing Special

Leave to Appeal (C) in No.21460/2025 and the Supreme

Court vide judgment dated 28.08.2025 dismissed the said

appeal as withdrawn with liberty to file review petition.

The Supreme Court also clarified that all contentions were

left open in the review petition.

5. Now the very same appellant who was the appellant

in W.A.No.1678/2024 has filed the present appeal

challenging the said judgment and order. We fail to

understand that what prevented the appellant to challenge

the said judgment and order in respect of

W.P.No.23144/2017. The appellant cannot be allowed to

challenge the very same impugned judgment and order in

bits and pieces. Once the said judgment has been set

aside vide judgment and order passed by the co-ordinate

Division Bench in W.A.No.1678/2024, the second appeal

by the same appellant would not be maintainable. Even

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otherwise, there is delay of nearly one year in filing the

instant appeal, therefore we dismiss the appeal on the

ground of delay as well as on maintainability.

6. In view of disposal of the appeal, pending I.As, if any, stand disposed of.

Sd/-

(D K SINGH) JUDGE

Sd/-

(RAJESH RAI K) JUDGE

NG