SMT SIDDAGANGAMMA v. DEPUTY DIRECTOR OF LAND RECORDS AND
WP/29000/2024 · 2025-06-10
E S Indiresh
Public Interest Litigationbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34357 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34357 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE E.S.INDIRESH WRIT PETITION NO.29000 OF 2024 (KLR-RES)
BETWEEN:
1. SMT. SIDDAGANGAMMA W/O LATE SIDDAGANGAIAH B., AGED ABOUT 65 YEARS,
2. SRI. MANJUSWAMY S.
S/O LATE SIDDAGANGAIAH B., AGED ABOUT 42 YEARS,
3. SRI. DODDAIAH S.
S/O LATE SIDDAGANGAIAH B., AGED ABOUT 40 YEARS,
4. SRI. MUNIRAJU S.
S/O LATE SIDDAGANGAIAH B., AGED ABOUT 36 YEARS,
PETITIONER NOS. 1 TO 4 ARE R/AT 6/1, 9TH CROSS, SANJEEVINI NAGAR, MOODALAPALYA, BENGALURU-560072. 5. SMT. LAKSHMAMMA S.
D/O LATE SIDDAGANGAIAH B., W/O LATE MUNIRAJU, AGED ABOUT 50 YEARS, R/AT PILLAHALLI VILLAGE, VADARAHALLI,
Digitally signed by SHARMA ANAND CHAYA Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. …PETITIONERS (BY SRI. VIJAYA KUMAR K., ADVOCATE) AND:
1. DEPUTY DIRECTOR OF LAND RECORDS AND TECHNICAL ASSISTANT TO THE DEPUTY COMMISSIONER, BENGALURU URBAN DISTRICT, KANDAYA BHAVANA, K G ROAD, BENGALURU-560009. 2. THE ASST. DIRECTOR OF LAND RECORDS BENGALURU NORTH TALUK, KANDAYA BHAVANA, K G ROAD, BENGALURU-560009. 3. THE TALUK SURVEYOR BENGALURU NORTH TALUK, KANDYA BHAVANA, K G ROAD, BENGALURU-560009. 4. SRI. SHIVALINGAIAH S/O KALLU MALIGAPPA, AGED : MAJOR,
5. SRI. CHIKKEGOWDA S/O KALLU MALIGAPPA, AGED : MAJOR,
RESPONDENTS NO.4 AND 5 ARE R/AT NO.107, PRASHANTH NAGAR, KAVERIPURA, WARD NO.103, 5TH MAIN ROAD, 8TH CROSS ROAD, NEAR KRISHNA PARK, BENGALURU-560079. - 3 -
HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
6. SRI. KRISHNAMURTHY S/O KALLU MALIGAPPA, AGED : MAJOR,
7. SRI. BEEREGOWDA S/O KALLU MALIGAPPA, AGED : MAJOR,
RESPONDENTS NO.6 AND 7 ARE R/AT KOTTIGEPALYA, MAGADI I MAIN ROAD, NEAR GOVERNMENT SCHOOL, SY. NO.56/1, BENGALURU-560091. 8. SMT. MANGALAMMA D/O KALLU MALIGAPPA, AGED : MAJOR,
9. SMT. BHAGYAMMA W/O LATE ANDANAPPA, AGED : MAJOR,
10. SRI YUVARAJU S/O LATE ANDANAPPA, AGED : MAJOR,
11. SMT. RATHNAMMA W/O RAMESH, AGED : MAJOR,
12. SRI. DODDAIAH S/O SHIVALINGAIAH, AGED : MAJOR,
13. SRI. S KRISHNAMURTHY S/O SHIVALINGIAH, AGED : MAJOR,
RESPONDENTS NO.8 TO 13 ARE R/AT PILLAHALLI VILLAGE,
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
DASANAPURA HOBLI, BENGALURU NORTH TALUK-562 123. 14. SMT. LAKSHMAMMA W/O LATE RAJAPPA, AGED ABOUT 75 YEARS, R/AT NO.232, SANNAKKI BAYALU, NEAR GANAPATHI TEMPLE, KAMAKSHIPALYA, BENGALURU-560079. 15. SMT.
SHANTHAMMA W/O LATE DODDEGOWDA R., AGED ABOUT 41 YEARS,
16. SMT. NETHRAVATHI D.
D/O LATE DODDEGOWDA R., AGED ABOUT 20 YEARS,
17. SRI VIJAY D.
S/O LATE DODDEGOWDA R, AGED ABOUT 19 YEARS,
RESPONDENTS NO.15 TO 17 ARE R/AT NO.13, DASANAPURA HOBLI, RASI ENCLAVE PART-2, BETTAHALLI, KADABAGERE POST, BENGALURU NORTH TALUK-562130. 18. SMT. SIDDAGANGAMMA D/O LATE RAJAPPA, W/O SHIVANNA, AGED ABOUT 55 YEARS, R/AT MARIYAMMANAPALYA, (JELLIPALYA) HEBBURU, TUMKUR DISTRICT-572120. 19. SRI. LAKSHMEESHA S/O LATE RAJAPPA, AGED ABOUT 50 YEARS, R/AT NO.28, 4TH CROSS,
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
VRUSHABHAVATHI NAGAR, BENGALURU NORTH TALUK, BASAVESHWARANAGAR, BENGALURU-560079. 20. SRI. BYLEGOWDA S/O UJJINAPPA, AGED ABOUT 50 YEARS,
21. SRI. SANTOSH B.
S/O BYLEGOWDA, AGED ABOUT 29 YEARS,
22. SRI. SAMPATH S/O BYLEGOWDA, AGED ABOUT 25 YEARS,
RESPONDENTS NO. 20 TO 22 ARE R/AT NO.16/1, 4TH CROSS, 2ND MAIN, SANJEEVININAGAR, HEGNALLI, NEAR NEW CARMEL SCHOOL, WARD NO.71, BENGALURU-560091. 23. SRI. GOPAL R., S/O RAJAPPA, AGED ABOUT 45 YEARS, R/AT NO.36, 4TH CROSS, KAMAKSHIPALYA, NEAR RAMAN COLLEGE, BASAVESHWARNAGAR, BENGALURU-560079. 24. SRI. HARISH R.
S/O RAJAPPA, AGED ABOUT 40 YEARS, R/AT NO.232, I MAIN ROAD, NEAR GANESHA TEMPLE, SANNKKI BAYLU, VRUSHABAVATHI NAGAR,
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
BENGALURU NORTH TALUK, BENGALURU-560079. 25. SMT. RATHNAMMA R.
D/O RAJAPPA, AGED ABOUT 39 YEARS, R/AT ANEPALYA, AGARA PANCHAYAT, K GOLLAHALLI POST, KENGERI HOBLI, BENGALURU-560060. 26. SRI. MARIYAPPA S/O LATE BEERAIAH, AGED ABOUT 69 YEARS, R/AT SEEGEHALLI VILLAGE, DASANAPURA HOBLI, BENGALURU NORTH TALUK, BENGALURU - 560 067. …RESPONDENTS (BY SMT. NAVYA SHEKAR, AGA FOR R1 TO R3;
NOTICE TO RESPONDENT NOS.4 TO 26 IS DISPENSED WITH VIDE COURT ORDER DATED 10.06.2025)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH/SET ASIDE THE IMPUGNED ENDORSEMENT DATED 12.09.2024 ISSUED BY THE RESPONDENT NO.1 ANNX-A CONSEQUENTLY DIRECT THE RESPONDENT NO.1 TO ENTERTAIN THE APPEAL IN ACCORDANCE WITH LAW.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
CORAM: HON'BLE MR. JUSTICE E.S.INDIRESH
ORAL ORDER
1. In this writ petition, petitioners are assailing the order dated 12.09.2024 (Annexure-A) passed by respondent No.1.
2. Sri.K. Vijaya Kumar, learned counsel appearing for the petitioner submitted that first respondent herein without issuing notice to the petitioners nor seeking explanation with regard to maintainability of the appeal as provided under Sec49(f) of the Karnataka Land Revenue Act, 1964, has issued the endorsement which per se requires to be interfered with.
3. Per contra, Smt. Navya Shekar, learned Additional Government Advocate sought to justify the impugned order.
4. In the light of the submissions made by the learned counsel appearing for the parties, on careful examination of the endorsement at Annexure-A would indicate that the appellants therein have preferred appeal under S.49(f) of the Karnataka Land Revenue Act, 1964.
5. In that view of the matter, without issuing notice to the appellants, respondent No.1 has passed the impugned order
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HC-KAR NC: 2025:KHC:19670 WP No. 29000 of 2024
which is incorrect and therefore, I find force in the submission made by the learned counsel appearing for the petitioners.
6. Accordingly, I pass the following:
ORDER
(i) Writ petition is allowed.
(ii)The endorsement (Annexure-A), dated 12.09.2024, issued by respondent No.1, is hereby set aside and the matter is remitted to respondent No.1 to reconsider the issue afresh after affording an opportunity of hearing to all the parties concerned, and take decision in accordance with law.
SD/- (E.S.INDIRESH) JUDGE
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