BENGALURU - 560 072 v. SRI. T.N. VISHWANTH, ADVOCATE FOR R3)
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1. N. KRISHNA MURTHY SINCE DECEASED, REP. BY LRS. 1(a). 1(b). 1(c). 1(d). SUDHA K. D/O LATE N. KRISHNAMURTHY, W/O LATE VENKATESH, AGED ABOUT 46 YEARS.
SUNITHA K. D/O LATE N. KRISHNAMURTHY, W/O B.C. SRIRAMA REDDY, AGED ABOUT 44 YEARS. SRI. SURENDRA K. S/O LATE N. KRISHNAMURTHY, AGED ABOUT 42 YEARS, . SMT. SUREKA K. D/O LATE N. KRISHNAMURTHY, W/O SRI. NAGARAJ REDDY, AGED ABOUT 40 YEARS. 1(e). NALLAPPA K. S/O LATE N. KRISHNAMURTHY, SINCE DECEASED, REP. BY LRS. - 2 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 HC-KAR 1(e-1). SMT. RAMYA J. W/O LATE NALLAPPA K. AGED ABOUT 36 YEARS. 1(e-2). ARJITHA SARIKA REDDY D/O LATE NALLAPA K. AGE: MINOR REP. BY HER MOTHER-SMT. RAMYA J. [PETITIONER NO.1(e-1)] 1(e-3). NIHAL RAJEEV REDDY S/O LATE NALLAPPA K. AGED : MINOR REP. BY HIS MOTHER-SMT. RAMYA J. [PETITIONER NO.1(e-1)] ALL PETITIONERS ARE R/AT NALLAPPA TRANSPORT, PAPAREDDY PALYA, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072. …PETITIONERS (BY SRI. BHARATH M., ADVOCATE FOR SRI. C. SHANKAR REDDY, ADVOCATE FOR P1(C) AND P1(e-1) TO P1(e-3) SRI. B.C. SRIRAM REDDY, ADVOCATE FOR P1(a), (b) AND (d)) AND:
1. THE STATE OF KARNATAKA REP. BY ITS SECRETARY/COMMISSIONER, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR.AMBEDKAR VEEDHI, BENGALURU - 560 001.
2. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, - 3 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 HC-KAR
3. KANDAYA BAVANA, K.G. ROAD, BENGALURU - 560 009. SMT. JANAKAMMA W/O LATE GANGARUDRAPPA, R/AT NO.257, 1ST MAIN ROAD, NEAR VENKATESHWARA TEMPLE, 1ST CROSS ROAD, NAGARABHAVI 2ND STAGE, BENGALURU.
4. SRI. N. PRABHAKAR S/O LATE NALLAPPA, SINCE DEAD, REP. BY LRS. 4(a). SMT. LATHA W/O LATE N. PRABHAKAR, AGED ABOUT 46 YEARS. 4(b). SRI. UDAY KIRAN S/O LATE N. PRABHAKAR AGED ABOUT 17 YEARS (MINOR) REP. BY HIS MOTHER R4(a) - SMT. LATHA. R4(a) AND R4(b) ARE R/AT NO.14, ASHIRVAD NILAYA, 2ND CROSS, 4TH MAIN ROAD, VIDHANA SOUDHA LAYOUT PAPAREDDY PALYA, NAGARABHAVAI 2ND STAGE, BENGALURU - 560 072.
5. SMT. SUBBAMMA W/O LATE N. SRINIVASAIAH, AGED ABOUT 58 YEARS, R/AT PAPAREDDY PALYA, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072.
6. SRI. ASHOK S/O LATE N. SRINIVAS, - 4 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 HC-KAR AGED ABOUT 38 YEARS, R/AT PAPAREDDY PALYA, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072. SRI. ANANDA S/O LATE N. SRINIVAS, AGED ABOUT 36 YEARS, R/AT PAPAREDDY PALYA, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072. THE SPECIAL TAHSILDAR BENGALURU NORTH TALUK, K.G. ROAD, KANDAYA BHAVANA, GROUND FLOOR, BENGALURU - 560 009. THE ASSISTANT COMMISSIONER BENGALURU NORTH TALUK, K.G. ROAD, KANDAYA BHAVANA BENGALURU - 560 009.
9. …RESPONDENTS (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1, R2, R8 AND R9; SRI. T.N. VISHWANATH, ADVOCATE FOR R3; SRI. L.S. VENKATA KRISHNA, ADVOCATE FOR R4(a) & R4(b); SRI. NAGARAJ T.D., ADVOCATE FOR R5 TO R7) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ORDER DATED 18TH JANUARY, 2019 PASSED IN REVISION PETITION NO.3/2017-18 LATER RENUMBERED AS REVISION PETITON NO.3/2018 ON THE FILE OF THE RESPONDENT NO.2-THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT VIDE ANNEXURE-E AND ALLOW THE SAID REVISION PETITION NO.3/2018; AND ETC. - 5 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 HC-KAR IN WP NO.20054/2019 BETWEEN:
1. N. KRISHNA MURTHY SINCE DEAD, BY HIS LRS. 1(a). 1(b). 1(c). 1(d). SMT. SUDHA K. D/O LATE N. KRISHNAMURTHY, W/O LATE VENKATESH, AGED ABOUT 46 YEARS. SMT. SUNITHA K. D/O LATE N. KRISHNAMURTHY, W/O B.C. SRIRAMA REDDY, AGED ABOUT 44 YEARS. SRI. SURENDRA K. S/O LATE N. KRISHNAMURTHY AGED ABOUT 42 YEARS. SMT. SUREKA K. D/O LATE N. KRISHNAMURTHY, W/O NAGARAJ REDDY, AGED ABOUT 40 YEARS. 1(e). SRI. NALLAPPA K. S/O LATE N. KRISHNAMURTHY, SINCE DECEASED REP. BY LRS. 1(e-1). SMT. RAMYA J., W/O LATE NALLAPPA K. AGED ABOUT 36 YEARS. 1(e-2). ARJITHA SARIKA REDDY D/O LATE NALLAPA K. AGED: MINOR, REP. BY HER MOTHER-SMT. RAMYA J. [PETITIONER NO.1(e-1)] HC-KAR 1(e-3). - 6 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 NIHAL RAJEEV REDDY S/O LATE NALLAPPA K. AGED : MINOR REP. BY HIS MOTHER-SMT. RAMYA J. [PETITIONER NO.1(e-1)] ALL PETITIONERS ARE R/AT NO.262, NALLAPPA TRANSPORT, PAPAREDDY PALYA, NAGARABHAVI 2ND STAGE, BENGALURU - 560 072. (BY SRI. BHARATH M., ADVOCATE FOR SRI. C. SHANKAR REDDY, ADVOCATE) ...PETITIONERS AND:
3. THE STATE OFKARNATAKA REP. BY ITS SECRETARY/COMMISSIONER, REVENUE DEPARTMENT, GOVERNMENT OF KARNATAKA, VIKASA SOUDHA, DR. AMBEDKAR VEEDHI, BENGALURU - 560 001. THE SEPECIAL TAHSILDAR BENGALURU NORTH TALUK, K.G. ROAD, KANDAYA BHAVANA, GROUND FLOOR, BENGALURU - 560 009. SMT. JANAKAMMA W/O LATE. GANGARUDRAPPA, R/AT NO.257, 1ST MAIN ROAD, NEAR VENKATESHWARA TEMPLE, 1ST CROSS ROAD, NAGARABHAVI 2ND STAGE, BENGLAURU. HC-KAR
5. - 7 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB-DIVISION, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009. THE DEPUTY COMMISSIONER BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K.G. ROAD, BENGALURU - 560 009. (BY SRI. SPOORTHY HEGDE N., HCGP FOR R1, R2, R4 AND R5; SRI. T.N. VISHWANTH, ADVOCATE FOR R3) ...RESPONDENTS THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH THE ORDER DATED 22ND NOVEMBER, 2016 PASSED BY THE RESPONDENT NO.2-THE SPECIAL TAHSILDAR, BENGALURU NORTH CASE IN IN RESPECT OF LAND NO.RRT(Y)DISPUTE/CR/2/2016-17 BEARING SURVEY NO.24/16A MEASURING 06 GUNTAS SITUATED AT MALLATHAHALLI VILLAGE, YEASWANTHAPURA HOBLI, BENGALURU NORTH TALUK VIDE ANNEXURE-G TO THIS WRIT PETITION; AND ETC. BENGALURU TALUK, THESE PETITIONS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S. INDIRESH ORAL ORDER In Writ Petition No.11837 of 2019, petitioners are challenging the order dated 18th January, 2019 (Annexure-E) passed by the respondent No.2-Deputy Commissioner in Revision Petition No.3/2018; and order dated 14th December, - 8 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 HC-KAR 2017 (Annexure-F) passed by the respondent No.9-Assistant Commissioner in Appeal No.R.A.(BN)281/2016-17.
2. In Writ Petition No.20054 of 2019, petitioners are challenging the order dated 22nd November, 2016 (Annexure- G) passed by the respondent No.2-Special Tahsildar in Case No.RRT(Y)Dispute/CR/3/2016-17; order dated 14th December, 2017 (Annexure-H) passed by the respondent No.4-Assistant Commissioner in Appeal No.R.A(BN)255/2016-17; and order dated 18th January, 2019 (Annexure-J) passed by the respondent No.5-Deputy Commissioner in Revision Petition No.6/2018.
3. Heard learned counsel appearing for the parties.
4. Having heard the learned counsel appearing for the parties and on perusal of finding recorded by the respondent- Authorities in the impugned orders, the same would indicate that the mutation has been made pursuant to the family partition dated 05th May, 1949. On perusal of the finding recorded by the respondent-Authorities, it is also forthcoming that the petitioners and the contesting respondents are claiming right over the property in question by way of - 9 - NC: 2026:KHC:30037 WP NO.11837 OF 2019 C/W WP NO.20054 OF 2019 HC-KAR inheritance. In that view of the matter, it is open for the parties to establish their right over the property in question before the competent Civil Court in respect of their share and to substantiate their pre-existing right over the property in question. Therefore, I am of the view that, no interference be called for in these petitions. Accordingly, Writ petitions are dismissed. SD/- (E.S. INDIRESH) JUDGE ARK List No.: 1 Sl No.: 1