Writ Petition No. 5605 of 2013 · The High Court
Case Details
- 1 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 5605 OF 2013 (KLR-RES) C/W WRIT PETITION NO. 31518 OF 2019 (KLR-RES) IN WP No. 5605/2013 BETWEEN: 1. SRI. H.S. INDRESH S/O SIDDALINGAPPA AGED ABOUT 49 YEARS R/AT BRAHMINS STREET HOSKOTE-562 114. BANGALORE RURAL DISTRICT SINCE DECEASED BY HIS LRs
Legal Reasoning
1(A) SMT. CHANDRAKALA W/O LATE H.S.INDRESH AGED ABOUT 56 YEARS 1(B) AVINASH .H.I S/O LATE H.S.INDRESH AGED ABOUT 31 YEARS 1(C) ABHISHEK .H.I S/O LATE H.S.INDRESH AGED ABOUT 27 YEARS PETITIONERS NO. 1(A) TO 1(C) ARE R/AT HOUSE NO.126 BRAHMANARAPETE HOSKOTE TOWN SAI BABA TEMPLE ROAD HOSAKOTE Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 HOSAKOTE BENGALURU RURAL KARNATAKA-562 114. [CAUSE TITLE AMENDED V/O DATED 18.01.2022] …PETITIONERS (BY SRI. P.N. RAJESWARA & NARAYANRAO, ADVOCATES) AND: 1. THE DEPUTY COMMISSIONER BAGNALORE RURAL DISTRICT V.V. TOWERS, PODIUM BLOCK 2ND FLOOR DR B.V.R AMBEDKAR ROAD BANGALORE-560 001. 2. THE ASSISTANT COMMISSIONER DEVANAHALLI SUB DIVISION PODIUM BLOCK V.V. TOWERS BANGALORE-560 001. 3. THE COMMITTEE FOR REGULATION OF UNAUTHORISED OCCUPATION DEVANAHALLI TALUK DEVANAHALLI BANGALORE RURAL DISTRICT 4. TAHSILDAR DEVANAHALLI TALUK DEVANAHALLI BANGALORE RURAL DISTRICT 5. SMT. LAKSHMAMMA W/O LATE GANACHARI NANJAPPA AGE MAJOR R/A DHARMARAYASWAMY TEMPLE STREET VIJAYAPURA TOWN DEVANAHALLI TALUK (SINCE DEAD, R6-R11 ARE THE LRs OF R5) - 3 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 6. SRI. N.RAVI S/O LATE GANACHARI NANJAPPA AGE:MAJOR R/AT DHARMARAYASWAMY TEMPLE STREET VIJAYAPURA TOWN DEVANAHALLI TALUK. 7. SRI. N.SHIVAKUMAR S/O LATE GANACHARI NANJAPPA AGE:MAJOR R/AT DHARMARAYASWAMY TEMPLE STREET VIJAYAPURA TOWN DEVANAHALLI TALUK 8. SRI. N.PRAKASH S/O LATE GANACHARI NANJAPPA AGE:MAJOR R/AT DHARMARAYASWAMY TEMPLE STREET VIJAYAPURA TOWN DEVANAHALLI TALUK 9. SRI. N.KESHAVA S/O LATE GANACHARI NANJAPPA AGE:MAJOR R/AT DHARMARAYASWAMY TEMPLE STREET VIJAYAPURA TOWN DEVANAHALLI TALUK 10. SMT. JANAKAMMA D/O LATE GANACHARI NANJAPPA AGE:MAJOR R/AT DHARMARAYASWAMY TEMPLE STREET VIJAYAPURA TOWN DEVANAHALLI TALUK 11. DELETED V/O DATED 12.02.2021 12. THE DIRECTOR SOCIAL WELFARE DEPARTMENT GOVERNMENT OF KARNATAKA 5TH FLOOR, M.S. BUIDLING - 4 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 DR. B.R. AMBEDKAR VEEDHI BENGALURU-560 001. [CAUSE TITLE AMENDED V/O DATED 21.01.2022] …RESPONDENTS (BY SRI. H.S. RAMAMURTHY, ADVOCATE FOR C/R6; SMT. SAVITRAMMA, AGA FOR R1-R4 AND IMPLEADING R12; SRI. R. BHADRINATH, ADVOCATE FOR R7 TO R9 AND R11; R5 - DECEASED, R6-R11 ARE THE LRs OF DECEASED R5; V/O DATED 29.05.2019, PETITION AGAINST R10 STANDS ABATED) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR RECORDS, QUASH THE ORDER DATED 8.10.2012 PASSED BY THE 1ST RESPONDENT VIDE ANNEXURE-A, THE ORDER DATED 15.7.2005 [WRONGLY SHOWN IN THE ORDER 2003-04] PASSED BY THE 2ND RESPONENT VIDE ANNEXURE-B, AND THE RESOLUTION DATED 16.2.2004 PASSED BY THE 3RD RESPONDENT COMMITTEE VIDE ANNEXURE-C. IN WP NO. 31518/2019 BETWEEN: 1. SRI. G.N.PRAKASH S/O LATE GANACHARI NANJAPPA AGED ABOUT 40 YEARS 2. SMT. VEDA W/O SHIVAKUMAR AGED ABOUT 30 YEARS 3. SRI. G.N.KESHAVA S/O LATE GANACHARI NANJAPPA AGED ABOUT 42 YEARS 4. SRI. G.N.RAVI S/O LATE GANACHARI NANJAPPA AGED ABOUT 50 YEARS - 5 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 ALL ARE R/A ASHOK NAGARA VIJAYAPURA TOWN DEVANAHALLI TALUK-562 110. BENGALURU RURAL DISTRICT ...PETITIONERS (BY SRI. BHADRINATH .R, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REVENUE DEPARTMENT M.S. BUILDING, BENGALURU-560 001. REPRESENTED BY PRINCIPAL SECRETARY 2. THE DEPUTY COMMISSIONER BENGALURU RURAL DISTRICT I FLOOR, BEERASANDRA VILLAGE DEVANAHALLI TALUK-562 110. BENGALURU RURAL DISTRICT 3. THE ASSISTANT COMMISSIONER DODDABALLAPURA SUB DIVISION DODDABALLAPURA-561 203 BENGALURU RURAL DISTRICT 4. THE TAHSILDAR DEVANAHALLI TALUK-562 110. DEVANAHALLI TOWN BENGALURU RURAL DISTRICT ...RESPONDENTS (BY SMT. SAVITRAMMA, AGA FOR R1 TO R4) THIS W.P. FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO CALL FOR THE RECORDS IN LND IN RESPECT OF PROCEEDINGS NO.3/2019 ON THE FILE OF THE R-2/THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT AND IN CASE LNDRUC(A)234/2018 ON THE FILE OF R-3/ ASSISTANT DODDABALLAPURA, BENGALURU RURAL DISTRICT AND IN AS FOUND AT COMMISSIONER, - 6 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 ANNEXURE-A & B, QUASH THE IMPUGNED ORDER DATED 11.07.2019 IN LND NO.3/2019 PASSED BY THE R-2/THE DEPUTY COMMISSIONER, BENGALURU RURAL DISTRICT AS FOUND AT ANNEXURE-A AND TO SET ASIDE THE IMPUGNED ORDER DATED 25.05.2019 PASSED BY THE R-3 DATED 25.05.2019 AS FOUND AT ANNEXURE-B. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER A long standing lis between petitioners in W.P.No.5605/2013 and private respondent Nos.5 to 11 is given a quietus by filing a joint memo before this Court. In terms of the compromise arrived at, the private respondents are willing to give up 51/4 guntas out of total extent measuring 25 guntas in Sy.No.166/2A which is morefully described in schedule 'A' and the remaining portion which is a road is described as schedule 'B' property. 2. Learned AGA on instructions and after verifying the records submits that State has no objection provided the petitioners and private respondents enter into compromise only in the 25 guntas of land held by the - 7 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 private respondents based on saguvali chit. Learned AGA also admits the genuineness of the saguvali chit issued to private respondents, while saguvali chit set up by the petitioners is seriously disputed by the State. 3. Be that as it may. Since private respondents who have acquired title to an extent of 25 guntas are willing to give up a portion of the land measuring 51/4 guntas which is described in schedule 'A', this Court is of the view that there is no impediment to permit petitioners to record compromise. 4. The joint compromise petition is taken on record.
Decision
5. Writ petitions stand disposed of in terms of the joint memo. Parties are at liberty to get this joint memo registered to ensure that petitioners right to an extent of 51/4 guntas stands crystallized. - 8 - NC: 2025:KHC:6631 WP No. 5605 of 2013 C/W WP No. 31518 of 2019 6. Petitioners are permitted to delete respondent No.11 as respondent No.11 under the partition deed has given up her share in favour of other private respondents. In view of disposal of these petitions, the pending interlocutory applications do not survive for consideration and stand disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 13