THE GOVERNMENT OF KARNATAKA v. SRI. PAPIAH SINCE DECEASED HIS LRS SRI. PURUSHOTHAM P
/6478/2025 · 2025-04-07
N S Sanjay Gowda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18041 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18041 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14670 WP No. 6478 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE N S SANJAY GOWDA WRIT PETITION NO. 6478 OF 2025 (LR)
BETWEEN:
1.
THE GOVERNMENT OF KARNATAKA REP BY THE TAHASILDAR BENGALURU SOUTH TALUK KANDAYA BHAVAN BENGLURU DISTRICT BENGALURU-560 009. …PETITIONER
(BY SRI. V.G. BHANU PRAKASH, AAG A/W SRI. V. SHIVA REDDY, AGA)
AND:
1.
SRI. PAPIAH SINCE DECEASED HIS LRS
SRI. PURUSHOTHAM .P S/O LATE PAPAIAH AGED ABOUT 45 YEARS
2.
SRI. JAYARAM .P S/O LATE PAPAIAH AGED ABOUT 39 YEARS
3.
SRI. GOPAL .P S/O LATE PAPAIAH AGED ABOUT 38 YEARS
ALL ARE R/AT GATTIGERE VILLAGE HALAGEVADERAHALLI DHAKAE
Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14670 WP No. 6478 of 2025
KENGERI HOBLI BENGALURU SOUTH TALUK-560 098.
4.
G.K. RANGASWAMY SINCE DECEASED BY HIS LRS
R. VENUGOPAL S/O LATE G.K. RANGASWAMY AGED MAJOR
5.
SMT. JAYAMMA W/O LATE G.K. RANGASWAMY AGED MAJOR
6.
SMT. PUSHPA D/O LATE G.K. RANGASWAMY AGED MAJOR
7.
SMT. SUREKHA D/O LATE G.K. RANGASWAMY AGED MAJOR
R5 TO R7 ARE R/AT 'A' CROSS, 3rd MAIN ROAD BYATARAYANAPURA NEW LAYOUT BENGALURU-560 026.
8.
THE SPECIAL DEPUTY COMMISSIONER BENGALURU SUB DIVISION BENGALURU-560 009. …RESPONDENTS
(BY SRI. BIPIN HEGDE, ADVOCATE FOR SRI. D.P. MAHESH, ADVOCATE FOR R1 TO R7)
THIS WP IS FILED UNDER ARTILES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO SET ASIDE THE ORDER PASSED BY THE R-4 DATED 10.11.2022 IN RRT(2)(S) CR- 7(A)/2016-17 (ANNEXURE-A) AND ALSO SET ASIDE THE
ORDER DATED 19.02.1974 PASSED BY THE COURT OF SPECIAL DEPUTY COMMISSIONER FOR ABOLITION OF INAM IN CASE NO. INA1.35/71-72 WHICH ARE AT ANNEXURE-C.
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NC: 2025:KHC:14670 WP No. 6478 of 2025
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE N S SANJAY GOWDA
ORAL ORDER
1. An order passed by the Special Deputy Commissioner on 19.02.1974 registering the applicant Papaiah as the occupant in respect of 3 acres in Sy.No.65 of Halgevaderahalli Village is being challenged by the Government by way of this writ petition, which has been filed on 20.02.2025. In other words, an order passed more than 51 years ago is being challenged by the Government.
2.
Learned counsel for the respondents contends that on the same day another order was passed in favor of Rangaswamy and on the basis of that order Rangaswamy and his legal heirs had sought for podi and this Court had disposed of the writ petition by directing a podi to be conducted.
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NC: 2025:KHC:14670 WP No. 6478 of 2025
3. It is also submitted that a defense in those proceedings was taken up by the State that podi could not be conducted since the land granted was essentially a Hill-Rock. However, this objection was overruled by a co-ordinate bench of this Court to the said order and the challenge made by the State in W.A.No.1331/2024 was also dismissed.
4. In the light of the dismissal of the Writ Appeal by the Government refuting the contention that a Hill-Rock has been granted, the present challenge cannot be entertained, especially when it has been made 51 years after the order was passed.
5. This writ petition is therefore dismissed.
6. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N S SANJAY GOWDA) JUDGE
GSR,List No.: 1 Sl No.: 21