Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 29208 (KAR)

SRI. VENKATARAMANAPPA SINCE DEAD REP BY LRS v. STATE OF KARNATAKA

WA/808/2022 · 2025-03-04

Anu Sivaraman, Rajesh Rai K

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:9253-DB WA No. 808 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF MARCH, 2025 PRESENT THE HON'BLE MRS. JUSTICE ANU SIVARAMAN AND THE HON'BLE MR. JUSTICE RAJESH RAI K WRIT APPEAL NO. 808 OF 2022 (KLR-RR/SUR) BETWEEN: 1. SRI. VENKATARAMANAPPA SINCE DEAD, REP. BY LRS SMT. KRISHNAMMA W/O LATE VENKATARAMANAPPA AGED ABOUT 81 YEARS 2. SRI. V. NAGARAJ S/O LATE VENKATARAMANAPPA AGED ABOUT 60 YEARS 3. SRI. V. RAMEGOWDA S/O LATE VENKATARAMANAPPA AGED ABOUT 58 YEARS 4. SRI. V. NARAYANASWAMY S/O LATE VENKATARAMANAPPA AGED ABOUT 55 YEARS 5. SMT. BHAGYAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 53 YEARS 6. SMT. KANAKA MANJUNATH D/O LATE VENKATARAMANAPPA AGED ABOUT 51 YEARS Digitally signed by CHANNEGOWDA PREMA Location: High Court of Karnataka - 2 - NC: 2025:KHC:9253-DB WA No. 808 of 2022 7. SMT. SHARADHA D/O LATE VENKATARAMANAPPA AGED ABOUT 50 YEARS 8. SMT. CHANDRAMMA D/O LATE VENKATARAMANAPPA AGED ABOUT 47 YEARS 9. SRI. VENKATESHAPPA S/O LATE THAYAPPA AGED ABOUT 76 YEARS 10. SRI. GOVINDAPPA S/O LATE THAYAPPA AGED ABOUT 71 YEARS ALL ARE R/AT KATTIGENAHALLI VILLAGE JALA HOBLI, BENGALURU NORTH TALUK PRESENTLY YELAHANKA TALUK BENGLAURU-560 064 …APPELLANTS (BY SRI. S. VIJAYA KUMAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY ITS SECRETARY REVENUE DEPARTMENT MULTISTORIED BUILDING BENGALURU-560 001 2. THE DEPUTY COMMISSIONER BENGALURU DISTRICT KEMPE GOWDA ROAD BENGALURU-560 001 3. THE ASSISTANT COMMISSIONER BENGALURU NORTH SUB DIVISION KEMPEGOWDA ROAD BENGALURU-560 001 - 3 - NC: 2025:KHC:9253-DB WA No. 808 of 2022 4. THE TAHASILDAR BENGALURU NORTH TALUK KEMPEGOWDA ROAD BENGALURU-560 001 5. SRI. C.N. VENATARMA IYENGAR S/O LATE NARASIMHA IYENGAR AGED ABOUT 97 YEARS R/AT. PALANAHALLI VILLAGE YELAHANKA POST BENGALURU-560 064 6. SMT. AMRITHA DEVAIAH W/O LAE C.N. DEVANATH AGED ABOUT 86 YEARS R/AT No.425, JALAVAYU VIHAR KAMMANAHALLI MAIN ROAD BENGALURU-560 043 7. SRI. C.N. VARADARAJAN S/O LATE NARASIMHA IYENGAR AGED ABOUT 91 YEARS R/AT. PALANAHALLI VILLAGE YELAHANKA POST BENGALURU-560 064 8. SMT. C.N. CHOKKAMMA D/O LATE NARASIMHA IYENGAR AGED ABOUT 81 YEARS R/AT. No.65, SRIRANGAM 15TH CROSS, MALLESHWARAM BENGALURU-560 065 9. SRI. C.N. LOKAMATHA W/O K.N. RANGANATHAN AGED ABOUT 79 YEARS R/AT. 117/1 (NEW No.39) KAVERI NAGARA, B.S.K II STAGE BENGALURU-560 085 …RESPONDENTS (BY SRI. G.S. ARUNA, HCGP FOR R1 TO R4; SRI. PRASHANT N KANAL, ADVOCATE FOR R5 TO R9) - 4 - NC: 2025:KHC:9253-DB WA No. 808 of 2022 THIS WRIT APPEAL IS FILED U/S 4 OF THE KARNATAKA HIGH COURT ACT, PRAYING TO (a) CALL FOR RECORDS (b) SET ASIDE THE ORDERS PASSED BY THE LEARNED SINGLE JUDGE, BENGALURU BENCH AT BENGALURU IN WP No.47186/2012 (KLR-RR/SUR) DATED 01.06.2022 BY ALLOWING THE WRIT PETITION AND ETC. THIS APPEAL, COMING ON FOR ADMISSION, THIS DAY, JUDGMENT WAS DELIVERED THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE ANU SIVARAMAN and HON'BLE MR. JUSTICE RAJESH RAI K ORAL JUDGMENT (PER: HON'BLE MRS. JUSTICE ANU SIVARAMAN) This appeal is filed against the judgment of the learned Single Judge dated 01.06.2022 in W.P.No.47186/2012. 2. The appellants are the writ petitioners. They have challenged the order passed by respondent No.2- Deputy Commissioner dated 21.08.2012 in revision petition No.301/2009-10 which was produced as Annexure-J along with the writ petition. - 5 - NC: 2025:KHC:9253-DB WA No. 808 of 2022 3. The learned Single Judge had found that the Deputy Commissioner had only remanded the matter to the Tahsildar with a direction to consider as to whether there was an order of the Special Deputy Commissioner in favour of petitioner's father and as such, no prejudice is caused to the petitioner. The writ petition was accordingly, dismissed. 4. Learned counsel for the respondents submits that pursuant to dismissal of the writ petition by the learned Single Judge, the Tahsildar had considered the matter and passed an order on 23.11.2023, which is produced along with the memo dated 15.11.2024. It is submitted that the said order has been subjected to an appeal. It is submitted that further orders had also been passed by the Assistant Commissioner on 09.07.2024. 5. It is submitted that since the Tahsildar had already acted upon the directions of the Deputy Commissioner and had passed the orders, nothing survives for consideration in this appeal. This appeal is - 6 - NC: 2025:KHC:9253-DB WA No. 808 of 2022 therefore, disposed of without prejudice to the contentions of the appellants and their right to take up the matter in appropriate proceedings, if there are any subsisting rights. It is made clear that this will not prejudice the parties in any title dispute pending between them as on today. Sd/- (ANU SIVARAMAN) JUDGE Sd/- (RAJESH RAI K) JUDGE PN List No.: 1 Sl No.: 1