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2025 DAILYLAW 17927 (KAR)

MR C NANDEESHAPPA v. THE DEPUTY COMMISSIONER

WP/3251/2012 · 2025-07-01

E S Indiresh

Public Interest Litigationbody2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.3251 OF 2012 (KLR-RR/SUR) C/W WRIT PETITION NO.37393 OF 2015 (KLR-RR/SUR) IN WP No.3251/2012 BETWEEN: 1. MR. C. NANDEESHAPPA S/O LATE CHIKKAVEERABHADRAIAH AGED ABOUT 53 YEARS R/AT KOONMADIVALA VILLAGE, ANEKAL TALUK, ANEKAL, BANGALORE URBAN DISTRIC BENGALURU. …PETITIONER (BY SMT. NALEENA LOGAN, ADVOCATE) AND: 1. THE DEPUTY COMMISSIONER BANGALORE URBAN DISTRICT BENGALURU. 2. THE ASSISTANT COMMISSIONER BANGALORE SOUTH DIVISION, BENGALURU. 3. THE SPECIAL TAHSILDAR ANEKAL TALUK, ANEKAL. Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 4. THE REVENUE INSPECTOR KASABA HOBLI, ANEKAL TALUK. 5. THE VILLAGE ACCOUNTANT DODDAGADI PANCHAYATH KASABA HOBLI, ANEKAL TALUK. 6. MUNISWAMY REDDY SINCE DECEASED REP. BY LRS. 6(a). GOWRAMMA S/O LATE MUNISWAMY REDDY AGED ABOUT 65 YEARS 6(b). SHIVASHANKAR REDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 45 YEARS 6(c). KRISHNAREDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 43 YEARS R6(a) TO R6(c) ARE R/AT DODDAHAGADE VILLAGE KASABA HOBLI BENGALURU URBAN DISTRICT. 7. SRI. GOPAL REDDY S/O LATE PUTTA REDDY 8. SRI. P. THIMMARAYA REDDY S/O LATE PUTTAREDDY 9. SRI. P. SRINIVASA REDDY S/O LATE PUTTA REDDY 10. SRI RAVINDRA REDDY S/O PILLA REDDY - 3 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 R7 TO R10 ARE AGED :MAJOR AND R/AT DODDAHAGADE VILLAGE, KASABA HOBLI, ANEKAL TALUK, BENGALURU URBAN DISTRICT. …RESPONDENTS (BY SMT. SAVITHRAMMA, AGA FOR R1 TO R5; SRI. C.M. NAGABHUSHANA, ADVOCATE FOR SRI. SRIHARI A.V., ADVOCATE FOR R7 TO R10 ANDFOR R6(b) AND R6(c) R6(b) AND R6(c) ARE LRS. OF DECEASED R6(a).) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT QUASHING OF THE REPORT MADE BY THE 3RD RESPONDENT i.e., THE SPECIAL TAHSILDAR, ANEKAL IN RRT (K) CR NO.68/2008-09 DATED 16.7.2008 VIDE ANNEXURE R1 THE RECOMMENDING THE 2ND RESPONDENT i.e., THE ASST. COMMISSIONER TO REMOVE/DELETE THE NAME OF GRANTEES-CHIKKAVEERABHADRAIAH AND VEERAPPA IN COLUMN NO.9 AND 12(2) OF RTCS IN RESPECT OF LAND IN SY.NO.96 OF DODDAHAGADE VILLAGE, KASABA HOBLI, ANEKAL TALUK; AND ETC. IN WP NO. 37393/2015 BETWEEN: 1. GOWRAMMA SINCE DECEASED REP. BY LRS. 1(a). SHIVASHANKAR REDDY S/O LATE MUNISWAMY REDDY - 4 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 AGED ABOUT 54 YEARS 1(b). KRISHNA REDDY S/O LATE MUNISWAMY REDDY AGED ABOUT 52 YEARS PETITIONERS NO.1(a) & 1(b) ARE R/AT DODDAHAGADE VILLAGE KASABA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT-562 104. 2. SRI GOPAL REDDY S/O LATE PUTTAREDDY AGED ABOUT 72 YEARS 3. SRI P THIMMARAYA REDDY S/O LATE PUTTAREDDY AGED ABOUT 59 YEARS 4. SRI P SRINIVASA REDDY S/O LATE PUTTAREDDY AGED ABOUT 48 YEARS 5. SRI. RAVINDRA REDDY S/O PILLAREDDY AGED ABOUT 46 YEARS ALL ARE RESIDENTS OF DODDAHAGADE VILLAGE KASABA HOBLI ANEKAL TALUK BENGALURU - 562 104. ...PETITIONERS (BY SRI. C.M. NAGABHUSHANA, ADVOCATE FOR SRI. A.V. SRIHARI, FOR P1 (a) & (b)) AND: 1. SRI C NANDEESHAPPA S/O LATE CHIKKAVEERABHADRAYYA - 5 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 AGED ABOUT 54 YEARS R/AT KOONAMADIVALA VILLAGE KASABA HOBLI ANEKAL TALUK BENGALURU URBAN DISTRICT-562 106. ...RESPONDENTS (BY SMT. NALEENA LOGAN, ADVOCATE FOR R1; SMT. SAVITHRAMMA, AGA FOR R2 TO R4) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECT THE RESPONDENT SRI.C.NANDEESHAPPA TO IMPLEAD THE PETITIONERS HEREIN AS RESPONDENTS IN W.P.NO.30856/2014 AND HEAR THE MATTER IN ACCORDANCE WITH LAW; DECLARE THE DIRECTION ISSUE VIDE ORDER DATED 08.01.2014 IN W.P.NO.30856/2013 VIDE ANNEXURE-M AS NULL AND VOID AND NOT BINDING ON THE PETITIONERS HEREIN AS THE DIRECTION IS WITHOUT NOTICE TO THE PETITIONERS WHO ARE NECESSARY AND PROPER PARTIES TO BE ARRAYED AS RESPONDENTS IN THE W.P.NO.30856/2013. THESE PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH ORAL ORDER In W.P.No.3251/2012: 1. In this writ petition, petitioner is assailing the order dated 16.07.2008 (Annexure-R1) in RRT(K) CR No.68/2008-09 passed by the respondent No.3 - Spl. Tahsildar, Anekal, and - 6 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 the Order dated 09.02.2009 in RRT.CR(A)148/2008-09 (Annexure-X) passed by the respondent No.2-Assistant Commissioner, Bangalore South Sub Division, the order dated 12.12.2011 in Revn.Petn.318/2008-09(Annexure-Y) passed by the respondent No.1-Deputy Commissioner, Bangalore Urban District in R.P.318/2008-09. 2. Heard learned counsel appearing for the parties. 3. On careful examination of the writ papers would indicate that the entries in Mutation extracts have been effected, wherein the respondent - authority have changed mutation entries based on the registered Sale Deeds said to have been made in respect of the subject land. The said aspect of the matter has been recorded by respondent No.1 in the impugned order at Annexure-Y. In that view of the matter, since the respondent - authorities have changed the mutation entries based on the registered Sale Deeds, I am of the view that, there is no error in the impugned orders passed by the revenue authorities, in terms of the Section 128 of the Karnataka Land Revenue Act, 1964. - 7 - HC-KAR NC: 2025:KHC:23587 WP No. 3251 of 2012 C/W WP No. 37393 of 2015 4. Accordingly, no interference is called for in this writ petition. It is open for the petitioner to establish title in respect of the subject land in a manner known to law. 5. With the above observation, W.P.No.3251/2012 is dismissed. Consequently, the pending interlocutory applications do not survive for consideration. In W.P.No.37393/2015: In view of dismissal of W.P.No.3251/2012 as stated above, it is submitted by learned counsel Sri. C.M. Nagabhushana appearing on behalf of Sri. A.V. Srihari, learned counsel for the legal representatives of the deceased petitioner that W.P.No.37393/2015 be permitted to be withdrawn. Accordingly, in view of the above submission, W.P.No.37393/2015 is dismissed as withdrawn. Pending I.As. if any, do not survive for consideration. SD/- (E.S.INDIRESH) JUDGE sac List No.: 1 Sl No.: 88 & 88.1