- 1 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE E.S.INDIRESH WRIT PETITION NO. 10262 OF 2024 (KLR-RES) BETWEEN: 1. SRI M GOPI S/O LATE MUNINARASAPPA AND LATE HANUMAKKA AGED ABOUT 62 YEARS, RESIDING AT NO.90, 7TH CROSS, KEESKAR FOUNDRY, BENGALURU - 560 022. 2. SRI MURTHY S/O LATE MUNIYAPPA, GRAND SON OF LATE HANUMAKKA AGED ABOUT 36 YEARS, RESIDING AT NO.90, 7TH CROSS KEESKAR FOUNDRY, BENGALURU - 560022. 3. SRI MARIYAPPA, S/O LATE MUNINARASAPPA AND LATE HANUMAKKA AGED ABOUT 57 YEARS RESIDING AT NO.525, BEHIND ASHOKA TALKIES, BENGALURU - 560090. 4. SMT. SANDHYA D/O LATE NARASIMHAIAH, GRAND DAUGHTER OF LATE HANUMAKKA AGED ABOUT 37 YEARS RESIDING AT NO.80/1, 13TH CROSS, KETHAMARANAHALLI, BENGALURU - 560010. …PETITIONERS Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 (BY SRI. BHADRINATH R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY REVENUE DEPARTMENT VIDHANA SOUDHA, M.S.BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560001, BY ITS SECRETARY. 2. THE DEPUTY SPECIAL COMMISSIONER -3 BENGALURU NORTH SUB DIVISION, BENGALURU - 560009. 3. THE ASSISTANT COMMISSIONER, BENGALURU NORTH SUB DIVISION, BENGALURU - 560001. 4. THE TAHSILDAR BENGALURU NORTH TALUK, BENGALURU URBAN DISTRICT, BENGALURU - 560009. 5. THE DEPUTY TAHSILDAR NADAKACHERI, YESHWANTHPURA, BENGALURU NORTH TALUK, BENGALURU - 560022. 6. SMT. NAGAVENI, W/O NARASIMHAIAH, D/O LATE HANUMAKKA, AGED ABOUT 58 YEARS RESIDING AT NO.80/1, 13TH CROSS, KETHAMARANAHALLI, RAJAJINAGARA BENGALURU - 560010. 7. SMT. LEELAMMA W/O SHIVAPPA D/O LATE HANUMAPPA RESIDING AT NO. 1345 RAMPRASAD NILAYA, - 3 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 15TH MAIN, `E' BLOCK, RAJAJINAGAR 2ND STAGE BENGALURU - 560010. 8. SMT. P. CHENNAMMA W/O LATE D. MUNIVENKATAPPA SINCE DEAD BY HER LRS SRI P NAGARAJU S/O LATE MUNIVENAKTAPPA AGED ABOUT 78 YEARS RESIDING AT NO.24, 2ND CROSS, 2ND MAIN, BENNIGANAHALLI, DOORAVANINAGARA BENGALURU - 560016. 9. SMT. P KANTHAMMA D/O LATE D MUNIVENKATAPPA W/O LATE B LAKSHMAIAH AGED ABOUT 74 YEARS RESIDING AT NO. 778, 7TH `A' MAIN, 1ST BLOCK, HRBR LAYOUT, 1ST BLOCK, KALYANANAGARA BENGALURU - 560043. 10. SMT. SHUKLA DEVI D/O LATE D. MUNIVENKATAPPA W/O B GOVINDAPPA AGED ABOUT 57 YEARS RESIDING AT NO.83, 2ND CROSS, 2ND MAIN, BENNIGANAHALLI, DOORAVANINAGARA BENGALURU - 560016. 11. SRI NARASIMHA MURTHY C S/O LATE CHIKKAMADAPPA AGED ABOUT 50 YEARS, RESIDING AT KEMPAPURA VILLAGE 4TH BLOCK, CHIKKABANAVARA POST BENGALURU NORTH TALUK - 560090. …RESPONDENTS (BY SMT.NAVYA SHEKHAR, AGA FOR R1 TO 5, - 4 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 SRI P M SIDDAMALLAPPA, ADV., FOR R6, R7, R9 & R10, SRI SHIVARUDRAPPA SHETKAR, ADVOCATE FOR R11, R8 - SD & UNREPRESENTED) THIS W.P. IS FILED UNDERT ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO QUASH THE IMPUGNED ORDER DTD. 04.10.2023 IN RRT(APPEAL)NO.1/2014-15 C/W RRT(2)NCR.17/2022-23 PASSED BY THE R-2 AS FOUND AT ANNX-A. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN `B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE E.S.INDIRESH ORAL ORDER In this writ petition, petitioners are assailing the impugned order dated 04.10.2023 in RRT(APPEAL) NO.01/2014-15 C/W RRT(2)NCR.17/2022-23 passed by the respondent No.2 produced at Annexure-A. 2. Heard, Sri. Bhadrinath R., learned counsel appearing for the petitioner, Smt. Navya Shekar, learned AGA for respondent Nos.1 to 5, Sri P.M. Siddamallappa, learned counsel for respondent Nos.6, 7, 9 and 10, and Sri Shivarudrappa Shetkar, learned counsel appearing for respondent No.11. 3. Sri R.Bhadrinath, learned counsel appearing for the petitioners contended that, the land in question has been - 5 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 granted in favour of the grand father of the petitioners herein and thereafter, grant made in favour of the petitioners was challenged before this Court in W.P.No.5271/1995, and this Court vide order dated 16.01.2001 at Annexure-E, allowed the writ petition filed by one Mysore Stone Wear Pipes and Potteries Limited, and remanded the matter to the Authority for fresh consideration in accordance with law in respect of the land bearing Sy.No.79 and 90 of Chikkabanavara Village, Yeshwanthapura Hobli, Bengaluru North Taluk. It is further contended that, both the authorities have not considered the factual aspects on record, the respondent Authorities have not taken decision in terms of the order passed by this Court at Annexure-E, and therefore, sought for interference of this Court. 4. Per contra, learned counsel appearing for the respondent No.11 filed a memo and submitted that, suit in O.S.No.719/2017 is pending consideration before the Civil Court with regard to title in respect of subject land between the parties, and unless the said suit is concluded by determining the rights of the parties, impugned order passed by the respondent-authorities is just and proper. - 6 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 5. Learned Additional Government Advocate reiterates the submission made by the learned counsel appearing for the private respondents. 6. Having taken note of the submissions made by the learned counsel appearing for the parties, on careful examination of the order dated 16.01.2001, in W.P.No.5271/1995 produced at Annexure-E, wherein, this Court, allowed the writ petition and remanded the matter for fresh consideration with regard to regrant of the land in question. Though the suit is pending consideration before the Competent Civil Court , I am of the view that, no interference is called for in this writ petition. However, the parties have to await judgment and decree that may be made in O.S.No.719/2017 which would determine the rights of the parties is concerned. 7. After conclusion of the proceedings in O.S.No.719/2017, it is open for the parties to approach the Revenue Authorities. 8. Till the conclusion of the suit as stated above, the revenue entries as stood before, shall continue. - 7 - HC-KAR NC: 2025:KHC:21966 WP No. 10262 of 2024 9. With these observations, the petition stands dismissed. Sd/- (E.S.INDIRESH) JUDGE HR List No.: 1 Sl No.: 70