- 1 - NC: 2025:KHC:4844 WP No. 25597 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM WRIT PETITION NO.25597 OF 2023 (LR) BETWEEN: K.M. SAMPATHKUMAR S/O LATE MARIAPPA AGED ABOUT 54 YEARS R/O KAMAKSHIPALYA MAGADI ROAD BENGALURU - 560 079 …PETITIONER (BY SRI. S.C.VENKATESH, ADVOCATE) AND: 1. SRI.NADAKERAPPA AGED ABOUT 83 YEARS S/O LATE USTADI THIMMANNA R/O SRIGANDADAKAVALU MAIN ROAD VISWANEEDAM POST YESHWANTHPUR BENGALURU - 560 070 SINCE DECEASED BY HIS LRS SMT.NARASAMMA AGED ABOUT 77 YEARS W/O LATE NADIKERAPPA NO.1161, SYNDICATE BANK COLONY LAYOUT HEROHALLI, VISHWANEEDAM POST MAGADI MAIN ROAD BENGALURU - 560 091 Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATKA - 2 - NC: 2025:KHC:4844 WP No. 25597 of 2023 SINCE DECEASED REPRESENTED BY HER LR'S THE RESPONDENTS 2 TO 9 HEREIN AMENDMENT CARRIED OUT VIDE ORDER DATED 05.07.2024 2. SRI N.RAMACHANDRAIAH AGED ABOUT 57 YEARS S/O LATE NADIKERAPPA RESIDING AT MIG, 79/9 6TH CROSS, K H B COLONY BASAVESHWARANAGAR BENGALURU - 560 079 3. SMT.JAYALAKSHMI AGED ABOUT 54 YEARS W/O LATE RAMAKRISHNAPPA DAUGHTER-IN-LAW OF LATE NADIKERAPPA NO.1161, SYNDICATE BANK COLONY LAYOUT HEROHALLI, VISHWANEEDAM POST MAGADI MAIN ROAD BENGALURU - 560 091 4. SMT.JAYALAKSHMAMMA AGED ABOUT 40 YEARS W/O LATE SHANKARAPPA D/O LATE NADIKERAPPA RESIDING AT SUNKADAKATTE SALLAPURADAMMA TEMPLE ROAD VISHWANEEDAM POST BENGALURU - 560 091 5. SRI.GOPAL AGED ABOUT 48 YEARS S/O LATE NADIKERAPPA RESIDING AT SUNKADAKATTE SALLAPURDAMMA TEMPLE ROAD - 3 - NC: 2025:KHC:4844 WP No. 25597 of 2023 VISHWANEEDAM POST BENGALURU - 560 091 6. SMT. DHANALAKSHMI AGED ABOUT 43 YEARS W/O RAMACHANDRAIAH D/O LATE NADIKERAPPA RESIDING AT BEL ROAD BYADARAHALLI VISHWANEEDAM POST BENGALURU - 560 091 7. SMT.ANUSUYA AGED ABOUT 40 YEARS W/O NARAYANAPPA D/O LATE NADIKERAPPA RESIDINGA AT BEL ROAD BYADARAHALLI VISHWANEEDAM POST BENGALURU - 560 091 8. SMT.KRISHNAVENI AGED ABOUT 38 YEARS W/O MANJUNATH D/O LATE NADIKERAPPA RESIDING AT BEL ROAD BYADARAHALLI VISHWANEEDAM POST BENGALURU - 560 091 9. SRI.SHAASHIKUMAR AGED ABOUT 36 YEARS S/O LATE NADIKERAPPA RESIDING AT BEL ROAD BYADARAHALLI VISHWANEEDAM POST BENGALURU - 560 091 - 4 - NC: 2025:KHC:4844 WP No. 25597 of 2023 10. THE CHAIRMAN LAND TRIBUNAL BANGALORE NORTH KANDAYA BHAVAN K G ROAD BENGALURU - 560 009 …RESPONDENTS (BY SRI.B.RAMESH, ADVOCATE FOR R.2 TO R.9; SMT.VAHEEDHA, AGA FOR R.10; V/O/D 05.07.2024 R.2 TO R.9 ARE THE LRS OF DECEASED R.1) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO DIRECTING THE RESPONDENTS NOT TO CHANGE THE NATURE OF THE LAND OR DEVELOP THE LAND IN SY. NO.1/11 OF SRIGANDADAKAVAL VILLAGE, YESHWANTHPUR HOBLI, BANGALORE NORTH TALUK IN AN EXTENT OF O ACRES 29 GUNTAS WHICH IS A SUBJECT MATTER OF INQUIRY BEFORE THE LAND TRIBUNAL I.E. THE RESPONDENT NUMBER 10 IN TERMS OF THE DIRECTIONS OF THE HONBLE SUPREME COURT OF INDIA DATED 31.03.22 IN CIVIL APPEAL NOS.7657-7658 OF 2017 UNTILL SUCH TIME THE MATTER IS TAKEN UP AND FINAL ORDERS ARE PASSED AND ETC. THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This writ petition has been filed seeking a direction against the respondents to refrain from altering the nature - 5 - NC: 2025:KHC:4844 WP No. 25597 of 2023 of the land, as the matter is currently pending before the Land Tribunal. This follows the remittal order passed by the Hon’ble Apex Court concerning 29 guntas of land in Survey No. 1/11 of Srigandadakaval Village, Yeshwanthpur Hobli, Bengaluru North Taluk. 2. The Hon’ble Apex Court, in its order rendered in Civil Appeal No.7657-7658/2017, has confined its scope to 29 guntas of land in Survey No. 1/11 of Srigandadakaval Village, Yeshwanthpur Hobli. The remaining 25 guntas, which have already been conferred upon the private respondents by the Land Tribunal, stand excluded from the appeal’s purview and this factual matrix is admitted by petitioner. 3. The learned Additional Government Advocate (AGA) has brought to the Court’s attention that the Land Tribunal is duly constituted and is presently functioning. In view of this, the petitioner is required to seek appropriate relief from respondent No.2 – Land Tribunal, as the - 6 - NC: 2025:KHC:4844 WP No. 25597 of 2023 subject matter of this petition is currently pending before it pursuant to the order of the Hon’ble Apex Court. Reserving liberty for the petitioner to file appropriate applications in accordance with the law, the writ petition is disposed of. If such applications are filed, the Land Tribunal shall ensure that they are heard in accordance with the law, after duly notifying all concerned parties. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 2