YEARS, RESIDING AT JAKKUR VILLAGE, K v. JAIRAM ESTATE, YELAHANKA, BANGALORE NORTH TALUK
Case Details
- 1 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 33395 OF 2024 (KLR-RES) C/W WRIT PETITION NO. 33401 OF 2024 (KLR-RES) WRIT PETITION NO. 33442 OF 2024 (KLR-RES) IN WP No. 33395/2024 BETWEEN: SRI. SRINIVAS JAYARAM S/O K.V. JAYARAM, AGED ABOUT 56 YEARS, RESIDING AT JAKKUR VILLAGE, K. V. JAIRAM ESTATE, YELAHANKA, BANGALORE NORTH TALUK-560 064. (BY SRI. ASHOKA HARANAHALLI, SENIOR ADVOCATE FOR SRI. YASHODHAR HEGDE,ADVOCATE) …PETITIONER AND: 1. THE TAHSILDAR BENGALURU NORTH (ADDITIONAL) TALUK, NEW YELAHANKA TALUK, BENGALURU - 560 064 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BEHIND KANDAYA BHAVAN, BENGALURU - 560 009. Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024
Legal Reasoning
examine whether the legal principles laid down by this Court in the judgment cited by the petitioner can be retrospectively applied, particularly in view of the fact that the northern portion - 8 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 of the subject property has now come under the jurisdiction of the Bruhat Bengaluru Mahanagara Palike (BBMP). 11. Since the issue raised before the Karnataka Appellate Tribunal requires adjudication in light of the law laid down by this Court, it is directed that the Tribunal shall make all necessary efforts to expedite the proceedings and decide the appeals within a maximum period of ten (10) weeks from the date of receipt of a certified copy of this order. The parties involved in the proceedings are expected to extend full cooperation to ensure an early disposal of the matter. 12. Taking into account all the aforementioned aspects, this Court finds no ground to interfere at this stage.
Arguments
(BY SMT. B.P.RADHA, AGA) …RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS IN RESPECT OF REV/APL/404/2024 FROM THE HONBLE KARNATAKA TRIBUNAL, AT BENGALURU (CH-1).B) SET ASIDE THE PROCEEDINGS IN REV/APL/404/2024 ANNEXURE-A PENDING ON THE FILE OF THE HON'BLE KARNATAKA APPELLATE TRIBUNAL, AT BENGALURU (CH-1) AND ETC. IN WP NO. 33401/2024 BETWEEN: SRI. SRINIVAS JAYARAM S/O K.V. JAYARAM, AGED ABOUT 56 YEARS, RESIDING AT JAKKUR VILLAGE, K. V. JAIRAM ESTATE, YELAHANKA, BANGALORE NORTH TALUK-560 064. (BY SRI. ASHOKA HARANAHALLI, SENIOR ADVOCATE FOR SRI. YASHODHAR HEGDE, ADVOCATE) ...PETITIONER AND: 1. THE TAHSILDAR BENGALURU NORTH (ADDITIONAL) TALUK, NEW YELAHANKA TALUK, BENGALURU - 560 064. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BEHIND KANDAYA BHAVAN, BENALURU - 560 009. ...RESPONDENTS (BY SMT. B.P.RADHA, AGA) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS IN RESPECT OF REV/APL/402/2024 FROM THE AT HONB'LE KARNATAKA APPELLATE TRIBUNAL - 3 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 (CH-1)SET ASIDE THE PROCEEDINGS BENGALURU REV/APL/402/2024 ANNEXURE-A PENDING ON THE FILE OF THE HON'BLE KARNATAKA APPELLATE TRIBUNAL, AT BENGALURU (CH-1) AND ETC. IN WP NO. 33442/2024 BETWEEN: SRI. SRINIVAS JAYARAM S/O K.V. JAYARAM, AGED ABOUT 56 YEARS, RESIDING AT JAKKUR VILLAGE, K. V JAYARAM ESTATE, YELAHANKA, BANGALORE NORTH TALUK-560 064. (BY SRI. ASHOKA HARANAHALLI, SENIOR ADVOCATE FOR SRI. YASHODHAR HEGDE, ADVOCATE) ...PETITIONER AND: 1. THE TAHSILDAR BENGALURU NORTH (ADDITIONAL) TALUK, NEW YELAHANKA TALUK, BENGALURU - 560 064. 2. THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, K.G. ROAD, BEHIND KANDAYA BHAVAN, BENGALURU - 560 009. (BY SMT. B.P.RADHA, AGA) ...RESPONDENTS THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO A) CALL FOR RECORDS IN RESPECT OF REV/APL/403/2024 FROM THE HON'BLE KARNATAKA TRIBUNAL, AT BENGALURU (CH-1). B) SET ASIDE THE PROCEEDINGS IN REV/APL/403/2024 ANNEXURE-A PENDING ON THE FILE OF THE HON'BLE KARNATAKA APPELLATE TRIBUNAL, AT BENGALURU (CH-1) AND ETC. - 4 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Heard the learned Senior counsel for the petitioner in all these three petitions. 2. Learned AGA is directed to accept notice for respondents. 3. These petitions are filed by the petitioner seeking with the following reliefs: "In W.P.No.33395/2024: b. a. Call for records in respect of Rev/Apl/404/2024 from the Hon'ble Karnataka Appellate Tribunal, at Bengaluru(CH-1); Issue a writ of Certiorari or any other appropriate writ to set aside in Rev/Apl/404/2024 Annexure-A pending on the file of the Hon'ble Karnataka Appellate Tribunal, at Bengaluru (CH-1); the proceedings c. Pass such other relief/reliefs that this Hon'ble Court deems fit, in the interests of justice and equity. In W.P.No.33401/2024: b. a. Call for records in respect of Rev/Apl/402/2024 from the Hon'ble Karnataka Appellate Tribunal, at Bengaluru(CH-1); Issue a writ of Certiorari or any other appropriate writ to set aside in Rev/Apl/402/2024 Annexure-A pending on the file of the Hon'ble Karnataka Appellate Tribunal, at Bengaluru (CH-1); the proceedings c. Pass such other relief/reliefs that this Hon'ble Court deems fit, in the interests of justice and equity. In W.P.No.33442/2024: b. a. Call for records in respect of Rev/Apl/403/2024 from the Hon'ble Karnataka Appellate Tribunal, at Bengaluru(CH-1); Issue a writ of Certiorari or any other appropriate writ to set aside in Rev/Apl/403/2024 Annexure-A pending on the file of the Hon'ble Karnataka Appellate Tribunal, at Bengaluru (CH-1); the proceedings c. Pass such other relief/reliefs that this Hon'ble Court deems fit, in the interests of justice and equity." - 5 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 4. Learned Senior Counsel for the petitioner in all these three petitions reiterating the grounds would point out that the proceedings pending before the Karnataka Appellate Tribunal initiated at the instance of the Tahasildar, are not maintainable. To substantiate this contention, learned Senior Counsel has placed reliance on the reported judgment rendered by the Coordinate Bench of this Court in W.P.No.107283/2023 dated 03.01.2024. 5. The learned Senior Counsel taking this Court to relevant paragraph 12.1 of the cited judgment would point out that the disputed petition property now comes within the limits of BBMP and therefore, the conversion of the land from agriculture to non-agriculture purpose would not require and therefore, the appeal pending before the Karnataka Appellate Tribunal is not maintainable. Accordingly, he requests this Court to quash the proceedings. 6. Per contra, learned AGA resisting these petitions would point out that this defence is available to the petitioner and the same can be agitated before the Karnataka Appellate Tribunal. - 6 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 7. Upon a thorough examination of the reliefs sought by the petitioner, this Court is of the considered view that the proceedings currently pending in Appeal Nos. Rev/APl/404/2024, Rev/APl/402/2024, and Rev/APl/403/2024 before the Karnataka Appellate Tribunal cannot be quashed by this Court while exercising its extraordinary jurisdiction under Articles 226 and 227 of the Constitution of India. The appellate proceedings must follow the due process of law before the designated forum. 8. A crucial question that arises for determination is whether the appeals filed by the Tahsildar before the Karnataka Appellate Tribunal are maintainable. In light of subsequent developments and the legal principles enunciated by the Coordinate Bench of this Court, the question of whether the said appeals have become infructuous or are not maintainable at this stage is an issue that falls within the domain of the Appellate Tribunal. The Tribunal must independently evaluate the maintainability of the appeals, considering the factual matrix of the case and the legal precedents governing such matters. - 7 - NC: 2025:KHC:3999 WP No. 33395 of 2024 C/W WP No. 33401 of 2024 WP No. 33442 of 2024 9. This Court, while exercising the power of judicial review under Article 227 of the Constitution of India, cannot interfere with or preclude the State from exercising its statutory right to prefer an appeal. Since the appeals in question are already pending adjudication before the Karnataka Appellate Tribunal, it would not be appropriate for this Court to intervene at this stage. However, the petitioner is at liberty to place reliance on the judicial pronouncements cited before this Court and bring them to the notice of the Appellate Tribunal for its consideration. 10. The learned Senior Counsel for the petitioner has advanced an argument that any violation of the terms and conditions stipulated in the conversion order may attract the proviso to Section 96 of the Karnataka Land Revenue Act, 1964. However, whether such a violation provides a valid ground for the petitioner to seek the cancellation of the conversion order itself is a matter that requires adjudication by the Appellate Tribunal. Additionally, the Tribunal must also
Decision
Accordingly, the present writ petitions stand disposed of. All contentions are kept open. SD/- (SACHIN SHANKAR MAGADUM) JUDGE KTY List No.: 1 Sl No.: 26