Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:8823 WP No. 25582 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO. 25582 OF 2018 (KLR-RR/SUR) BETWEEN:
1. SRI.KADARAPPA, AGED ABOUT 72 YEARS, S/O LATE NARASIMHAIAH,
SINCE DECEASED BY HIS LR SRI.RANGAPPA, AGED ABOUT 52 YEARS, S/O LATE KADARAPPA, R/O TAVAREKERE VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU RURAL DISTRICT.
2.
SMT. MUTTAMMA, AGED ABOUT 66 YEARS, W/O LATE KAADRAPPA, R/O TAVAREKERE VILLAGE, TAVAREKERE HOBLI, BENGALURU SOUTH TALUK, BENGALURU RURAL DISTRICT. …PETITIONERS (BY SRI. R.S.HEGDE., ADVOCATE)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATKA
- 2 -
NC: 2025:KHC:8823 WP No. 25582 of 2018
AND:
1.
THE SPECIAL DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, BEHIND KANDAYA BHAVAN, BENGALURU - 560 009.
2.
THE MANAGING DIRECTOR, BENGALURU METROPOLITAN TRANSPORT CORPORATION, (BMTC), CENTRAL OFFICE, K.H.ROAD, SHANTHINAGAR, BENGALURU - 560 027. …RESPONDENTS (BY SMT.B.P.RADHA, AGA FOR R1;
SRI.JAYAPRAKASH R.V., ADVOCATE FOR C/R2)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS, RELATING TO THE CASE OF THE PETITIONERS FROM RESPONDENT - AUTHORITIES AND THE TRIBUNAL;
QUASH THE IMPUGNED ORDERS DATED 21.8.2017 PASSED IN APPEAL NO.704/2012 VIDE ANNEXURE - J, APPEAL NO.
705/2012 VIDE ANNEXURE - K PASSED BY KARNATAKA APPELLATE TIRBUNAL, BENGALURU AND BE PLEASED TO ALLOW APPEAL NOS.704/2012 AND 705/2012 AS PRAYED FOR AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
NC: 2025:KHC:8823 WP No. 25582 of 2018
CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER
In the captioned petition, the petitioners have assailed the grant made in favour of respondent No.2 / Bengaluru Metropolitan Transport Corporation. The challenge to the grant made in favour of respondent No.2 by the petitioners is primarily on the ground that the petitioners' application seeking regularization of the petitioners' land is pending consideration before the Land Grant Committee and therefore, the petitioners assert that the grant made in favour of respondent No.2 takes away their rights to seek regularization.
2. The learned HCGP submits that the Land Grant Committee, after subjecting the petitioners' application to due inquiry, has declined to recommend its regularization. He further points out that the petitioners' application was rejected by an order dated 28.04.2022.
3. The learned HCGP is directed to ensure that a certified copy of the said order is furnished to the petitioners through RPAD within four weeks. Upon receipt of the order, the petitioners are at liberty to challenge it in accordance with the
- 4 -
NC: 2025:KHC:8823 WP No. 25582 of 2018
law. Additionally, the petitioners retain the right to contest request for Regularisation, if they succeed before the Competent Authority.
4. For the aforesaid reasons, the petition stands
disposed off.
SD/- (SACHIN SHANKAR MAGADUM) JUDGE
SJK List No.: 1 Sl No.: 13