- 1 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2025 PRESENT THE HON'BLE MR. JUSTICE D K SINGH AND THE HON'BLE MR. JUSTICE VENKATESH NAIK T WRIT PETITION NO. 18695 OF 2014 (LR) BETWEEN: 1. TELECOM EMPLOYEES CO-OPERATIVE HOUSING SOCIETY LTD A CO OPERATIVE SOCIETY REGISTERED UNDER THE KARNATAKA COOPERATIVE SOCIETIES ACT WITH ITS REGISTERED OFFICE AT NO. 23 1ST FLOOR, NEHRU NAGAR MAIN ROAD SESHADRIPURAM BANGALORE-560020 REPRESENTED BY ITS AUTHORISED DIRECTOR/SECRETARY SRI C V MANJUNATH …PETITIONER (BY SRI. K.N.PHANEENDRA, SENIOR COUNSEL FOR SRI. SAMPATH A AND PUNEETH.K, ADVOCATE) AND: 1. THE STATE OF KARNATAKA DEPARTMENT OF REVENUE M S BUILDING VIDHANA SOUDHA BANGALORE-560001 BY ITS PRINCIPAL SECRETARY 2. THE STATE OF KARNATAKA DEPARTMENT OF EDUCATION M S BUILDING, VIDHANA SOUDHA BANGALORE-560001 Digitally signed by VASANTHA KUMARY B K Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE DISTRICT-560001. 4. DEPUTY DIRECTOR OF PUBLIC INSTRUCTION DEPARTMENT OF EDUCATION SHIKSHARA SADAN DIVISION-IV, BANGALORE-560009 5. THE LAND TRIBUNAL BANGALORE NORTH TALUK YELAHANKA NEW TOWN BANGALORE-560064 BY ITS ASSISTANT COMMISSIONER 6. THE SUB REGISTRAR BANGALORE NORTH TALUK YELAHANKA NEW TOWN PRESENTLY AT CHIKKAJALA VILLAGE BANGALORE-560057 7. THE SENIOR BASIC SCHOOL BETTAHALASURU VILLAGE JALA HOBLI, BANGALORE NORTH TALUK BANGALORE-560057 BY ITS HEAD MASTER 8. SRI B G RAMESH S/O LATE GOVINDAPPA AGED ABOUT 40 YEARS R/AT BETTALASUR VILLAGE JALA HOBLI, BANGALORE NORTH TALUK BANGALORE-560057 9. SRI B N JEERIGE TONTADARYA AGED ABOUT 40 YEARS S/O JEERIGE NAGARAJ AGED ABOUT 37 YEARS R/AT BETTALASUR VILLAGE JALA HOBLI BANGALORE NORTH TALUK BANGALORE-560057 - 3 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 10. SRI B R RAJAGOPAL S/O RAMAKRISHNAPPA AGED ABOUT 40 YEARS R/AT BETTALASUR VILLAGE JALA HOBLI BANGALORE NORTH TALUK BANGALORE-560057 11. SRI B G NANJUNDAPPA S/O GANGANNA AGED ABOUT 43 YEARS R/AT BETTALASUR VILLAGE JALA HOBLI BANGALORE NORTH TALUK BANGALORE-560057 12. SRI B M CHANDRASHEKAR S/O B C MALLANNA AGED ABOUT 34 YEARS R/AT BETTALASUR VILLAGE JALA HOBLI BANGALORE NORTH TALUK BANGALORE-560057 13. SRI B M ASHWATHAPPA S/O LATE MOGAMUNISHAMAPPA AGED ABOUT 49 YEARS R/AT BETTALASUR VILLAGE JALA HOBLI BANGALORE NORTH TALUK BANGALORE-560057 SINCE DEAD BY LRs., 13(a) MALAMMA AGED ABOUT 35 YEARS, W/O LATE ASHWATHAPPA, 13(b) AKSHITH AGED ABOUT 23 YEARS, S/O LATE ASHWATHAPPA, - 4 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 13(c) DEEKSHIT AGED ABOUT 20 YEARS, S/O LATE ASHWATHAPPA, R-13(a) TO 13(c) ALL ARE RESIDING AT BETTAHALASUR VILLAGE, BANGALORE NORTH TALUK, BANGALORE-57. 14. 14(a) SMT B C NIRMALAKUMARI SINCE DEAD BY LRS., SRI CHANDRASHEKAR KALLIMANI AGED ABOUT 60 YEARS 14(b) SRI PRASHANTHKUMAR S/O LATE SMT B C NIRMALKUMARI AGED ABOUT 28 YEARS 14(c) SRI PRAVEEN KUMAR S/O LATE SMT B C NIRMALKUMARI AGED ABOUT 24 YEARS R-14(a) TO R-14(c) ALL ARE R/AT 16/6/7, NIRMAL CHANDRA SRI SAI BABA MANDIR ROAD MATHRU LAYOUT, NEAR MOTHER DAIRY YELAHANKA NEW TOWN BANGALORE NORTH TALUK BANGALORE-560065 15. SMT PRATIPATI SUBBAIAMMA @ SMT SUBHA W/O ANJANEYALU PRATIPAI AGED ABOUT 50 YEARS R/AT NO. 67, 3RD CROSS R K GARDENS BEHIND GOWRI APARTMNETS NEW BEL ROAD, BANGALORE-560054. 16. SRI UMMAREDDY VEERENDRAKUMAR S/O SRI VENKATESHWARALU - 5 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 AGED ABOUT 40 YEARS R/AT BAPATALA GUNTUR DISTRICT ANDHRA PRADESH9567814. 17. B.NARAYANA, S/O BYRAPPA.E AGED ABOUT 58 YEARS, R/AT No.304, MALIGE ROAD, BETTAHALASURU VILLAGE, JALA HOBLI, BENGALURU NORTH TALUK, BENGALURU-562 157. 18. SMT. KANYAKUMARI, C/O B.N.JAGANNATH, AGED ABOUT 47 YEARS, R/AT No.46, VTC, BETTAHALASURU VILLAGE, BENGALURU NORTH TALUK, BENGALURU-562157. …RESPONDENTS (BY SMT. PRATHIBHA, R.K, AGA FOR R-1 TO R-6; SRI. D.NAGARAJ, ADVOCATE FOR R-7 (V/k NOT FILED); SRI. ALESH KUMAR.S, ADVOCATE FOR R-9; SRI. CHIKKAPPAJI GOWDA K.V., FOR R-10; SRI.M.SREENIVASA FOR R-11 & R-12; R-8, R-13(a), R-13(b), R-13(c), R-14(c) AND R-15 ARE SERVED; VIDE ORDER DATED:19.03.2020 SUBSTITUTED SERVICE OF NOTICE TO R-14(a) AND R-16 IS ACCEPTED; SRI. T.M.VENKATA REDDY ADVOCATE FOR R-17 & R-18) THIS WRIT PETITION IS UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, FILED PRAYING TO SET ASIDE AND TO REVIEW THE ORDER DTD.22.2.2013 PASSED BY THIS HON'BLE COURT IN W.P.6979/2007 VIDE ANNEXURE-N, ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 CORAM: HON'BLE MR. JUSTICE D K SINGH and HON'BLE MR. JUSTICE VENKATESH NAIK T ORAL ORDER (PER: HON'BLE MR. JUSTICE D K SINGH) The petitioner is a Co-operative Society registered under the provisions of the Karnataka Co-operative Societies Act, 1961. The primary objective of the Society is forming residential layouts in and around Bengaluru and allot the sites formed therein to its eligible members. The petitioner - Society claims that it had purchased the land to an extent of 5 acres 14 guntas in Sy.No.46 of Papanahalli village, Jala Hobli, Bengaluru North Taluk under the provisions of Inams Abolition Act. 2. The petitioner has filed this writ petition seeking review of the judgment dated 22.02.2013 passed by the Division Bench of this Court in W.P.No.6979/2007. The said writ petition was filed by the residents of the Papanahalli village, Jala Hobli, Bengaluru North Taluk - 7 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 where the said land is situated. A prayer of writ of mandamus is sought to direct the Government Authorities to take possession of the lands including the land in Survey Nos.42, 46 and 28. The land in which the petitioner claims right on the basis of two sale deeds is already registered in the name of the school by the then Special Deputy Commissioner for Inam abolition in case No. LFR-INA-18/59-60 dated 13.05.1963 to extent of 3 acres and 36 guntas. The Division Bench allowed the writ petition and held that the said land belongs to the Government School. 3. Sri. K.N. Phaneendra, learned Senior Counsel for the petitioner submits that since the petitioner was not a party to the writ petition, the vital right towards the property got affected because of the said judgment. A similar claim in respect of the very same property was made by respondent No.14 through her legal representatives by filing Writ Petition No.54209/2023 questioning the order passed by the Land Tribunal, - 8 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 Bangalore North Taluk in case No.LRF.INA.943/79-80 dated 06.08.2011. However, the said writ petition came to be dismissed by the learned Single Judge by the judgment dated 18.06.2025. 4. We have perused the impugned judgment. It appears that one Chandrashekariah, the Jodidhar had made a voluntary statement before the Deputy Commissioner that he had gifted the land in favour of respondent No.7- Government School. Further, two items of lands have already been registered in the name of the School by the then Special Deputy Commissioner for Inams Abolition in case No.LFR-ILA-18/59-60 dated 13.05.1963. It cannot be said that the school has no right over the land. Therefore, the Co-ordinate Bench of this Court has rightly set aside the order of the Tahsildar, rejecting the claim of respondent No.7 - School claiming right over the land. - 9 - HC-KAR NC: 2025:KHC:34731-DB WP No. 18695 of 2014 5. It is relevant to note that the petitioner's name is not mutated in the revenue records. Once the so-called owner's claim over the property has been rejected by this Court, the petitioner cannot have the better right and title than the owner who has asked for the right. Therefore, we find no substance in this writ petition and accordingly, the petition stands dismissed. SD/- (D K SINGH) JUDGE SD/- (VENKATESH NAIK T) JUDGE RKA List No.: 1 Sl No.: 32