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2025 DAILYLAW 27252 (KAR)

SMT. KAMALAMMA v. THE STATE OF KARNATAKA

WP/15218/2025 · 2025-05-27

M I Arun

body2025

Judgment text

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- 1 - NC: 2025:KHC:18377 WP No. 15218 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE M.I.ARUN WRIT PETITION NO. 15218 OF 2025 (KLR-RES) BETWEEN: 1. SMT. KAMALAMMA W/O. LATE SRI. V. VENKATAESH, AGED ABOUT 69 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 2. SRI. SHIVANNA S/O. LATE SRI. PUTTEERAIAH, AGED ABOUT 58 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 3. SRI. V. RANGAPPA S/O. LATE SRI. VENKATAPPA, AGED ABOUT 59 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. Digitally signed by H K HEMA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:18377 WP No. 15218 of 2025 4. SRI. CHANDRASHEKAR S/O. LATE SRI. SAMPANGAPPA, AGED ABOUT 44 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 5. SRI. E. NARAYANAPPA S/O. LATE SRI. ERASAPPA, AGED ABOUT 51 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 6. SRI. RAMESH S/O. LATE SRI.VEERABHADRAPPA, AGED ABOUT 53 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 7. SRI. K.G. KRISHNAPPA S/O. LATE SRI. GOVINDAPPA, AGED ABOUT 79 YEARS, RESIDENT OF KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. - 3 - NC: 2025:KHC:18377 WP No. 15218 of 2025 8. SRI. R. VENKATESH S/O. SRI. RAMAKRISHNAPPA, AGED ABOUT 52 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 9. SRI. MUNIRAJU S/O. LATE SRI. VENKATARAJAPPA, AGED ABOUT 51 YEARS, RESIDENT OF SALUHUNASE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 10. SRI. ASLAM S/O. LATE SRI. USMAN SHARIFF, AGED ABOUT 45 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 11. SRI. SHANKARAPPA S/O. LATE SRI. MUNIVENKATAPPA, AGED ABOUT 63 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. - 4 - NC: 2025:KHC:18377 WP No. 15218 of 2025 12. SRI. S.H. NAGARAJU S/O. LATE SRI. HOBALAPPA, AGED ABOUT 60 YEARS, REPRESENTED BY HIS GPA HOLDER SMT. PADMAVATHI W/O S. H. NAGARAJU AGED ABOUT 53 YEARS, RESIDENT OF SALUHUNASE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 13. SRI. MUNIRAJU V S/O. LATE SRI. VENKATAPPA, AGED ABOUT 51 YEARS, RESIDENT OF UDIPALYA VILLAGE, HAMLET OF KAGGALIPURA, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. 14. SRI. R. SRINIVAS S/O. LATE SRI. RAMANNA, AGED ABOUT 55 YEARS, RESIDENT OF SALHUNASE VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT. …PETITIONERS (BY SRI. ABHINAV ANAND K., ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS - 5 - NC: 2025:KHC:18377 WP No. 15218 of 2025 SECRETARY TO GOVERNMENT REVENUE DEPARTMENT, [LAND GRANTS], GOVERNMENT OF KARNATAKA, M. S. BUILDING, DR. B. R. AMBEDKAR VEEDHI, BENGALURU - 560 001. 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT, KANDAYA BHAVANA, BENGALURU - 560 009. 3. THE TAHSILDAR BENGALURU SOUTH TALUK, KANDAYA BHAVANA, BENGALURU - 560 009. …RESPONDENTS (BY SRI. VIKAS RAJIPURA, AGA FOR R1 TO R3) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF CONSTITUTION OF INDIA PRAYING TO (A) DIRECTING THE RESPONDENTS, THEIR SUBORDINATES OR AGENTS OR ANYBODY ACTING UNDER THEM FROM DISPOSSESSING THE PETITIONERS FROM THEIR RESPECTIVE PORTIONS OF LANDS IN SY. NO. 150 OF KAGGALIPURA VILLAGE, UTTARAHALLI HOBLI, BENGALURU SOUTH TALUK, BENGALURU DISTRICT AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE M.I.ARUN - 6 - NC: 2025:KHC:18377 WP No. 15218 of 2025 ORAL ORDER The case of the petitioners is that they have been in possession of certain lands in Sy.No.150 of Kaggalipura Village, Uttarahalli Hobli, Bengaluru South Taluk and the respondent - State is trying to have them forcibly evicted without following the due process of law. The learned Additional Government Advocate upon instructions submits that the petitioners are not in possession of the property as claimed by them. However, he further submits that if they are in possession of the property as claimed by them and if they have to be dispossessed, the State will do so only after following the due process of law. His submission is placed on record. Hence the following: - 7 - NC: 2025:KHC:18377 WP No. 15218 of 2025 ORDER If petitioners are found to be in possession of the properties as claimed by them and if the State is of the opinion that the property belongs to the State, the petitioners shall be dispossessed from the properties only after following the due process of law and not otherwise. Sd/- (M.I.ARUN) JUDGE DHA List No.: 1 Sl No.: 59